Citation : 2026 Latest Caselaw 1293 Kant
Judgement Date : 16 February, 2026
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HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.4991 OF 2026 (LB-RES)
BETWEEN:
1. SRI SACHIN NARAYAN
S/O LATE H.G. NARAYAN
AGED ABOUT 49 YEARS
R/AT NO. 902, 9TH A CROSS
6TH MAIN, 2ND STAGE
WEST OF CHORD ROAD
MAHALAKSHMIPURAM LAYOUT,
BENGALURU-560 086.
SHOP NO.1
2. SRI. G VASU
S/O G.GOVINDEGOWDA
AGED ABOUT YEARS
R/AT K.T 654, 3RD CROSS,
MANDYA DISTRICT-571 401
SHOP NO. 2
3. SRI. RAMANNA
S/O LATE TAMMAIAH
AGED ABOUT 88 YEARS
Digitally signed R/AT 3515, HEMAVATHI LAYOUT
by SHWETHA K.R PETE TALUK
RAGHAVENDRA
MANDYA DISTRICT-571 426
Location: HIGH
COURT OF SHOP NO.3
KARNATAKA
4. SRI. SYED ASIF PASHA
S/O AREEF PASHA
AGED ABOUT 49 YEARS
R/ AT 2140, KIKKERI ROAD
BEHIND PLD BANK, KRISHNARAJPETE
MANDYA DISTRICT-571 426
SHOP NO.4
5. SRI. B L NAGARAJU
S/O LATE LINGAPPA
AGED ABOUT 70 YEARS
R/AT 3RD CROSS,
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BASAVESHWARANAGAR, KIKKERI ROAD,
KRISHNARAJPETE,
MANDYA DISTRICT-574 126
SHOP NO. 6
6. SRI. K. N KUMAR
S/O K.H NARAYANA
AGED ABOUT 40 YEARS
R/AT 2185, KRISHNARAJAPETE
MANDYA DISTRICT-571426
SHOP NO.7
7. SRI. SADIQ HUSSAIN
S/O LATE ILIYAS PASHA
AGED ABOUT MAJOR
RESIDING AT 3299, HEMAVATHI LAYOUT
KRISHNARAJPETE,
MANDYA DISTRICT-571426
SHOP NO.10.
8. SRI. RAVI K.M
S/O K KMADEGOWDA
AGED ABOUT 37 YEARS
RESIDING AT 09, 1ST BLOCK
VIDYA NAGARA BEYOND STADIUM
K.R NAGARA TOWN, KRISHNARAJPETE
MANDYA-574126
SHOP NO. 17
9. SRI K.T RAVIKUMAR
S/O K V TIMMEGOWDA
AGED ABOUT 76 YEARS
R/ AT OPP. OLD POST OFFICE
NAGAMANGALA ROAD
KRISHNARAJPETE
MANDYA DISTRICT-574126
SHOP NO. 19
10. SRI. CHETHAN NARAYAN
S/O LATE H.G. NARAYAN
AGED ABOUT 53 YEARS
R/AT GANGADHARESHWARA NILAYA
B.M. ROAD, NEAR HORTICULTURE OFFICE
K.R. PURAM, HASSAN DISTRICT-573201.
SHOP NO. 26
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11. SRI. K S RAMEGOWDA
S/O LATE SHIVANANJEGOWDA
AGED ABOUT 77 YEARS
R/ AT 2509, MARIGUDI BEEDI
OPPMARIGUDI, K.R PETE TOWN
MANDYA DISTRICT-571426
SHOP NO. 5 AND 22
12. SRI. RAMESH K N
S/O NANJUNDEGOWDA
AGED ABOUT 52 YEARS
R/AT S.B ROAD, KRISHNARAJAPETE
MANDYA DISTRICT-571426
SHOP NO.8, 9 AND 18
13. SRI. DINESH K P
S/O PARAMESHWARAIAH
AGED ABOUT 56 YEARS
R/AT 1935, S.B ROAD, NEAR EASHWARA TEMPLE,
KRISHNARAJPETE
MANDYA-574126
SHOP NO. 11, 14, 15 AND 16.
14. SRI. SADIQ PASHA
S/O LATE MAHAMEDHASHAM
AGED ABOUT 53 YEARS
R/AT 1/1, 6TH CROSS
KYATAMARANAHALLI ROAD
UDAYAGIRI,
MYSURU- 570 019
SHOP NO. 20 AND 21
15. SRI. KRISHNAMURTHY HONNPPAGOWDA
S/O HONNAPPA GOWDA
AGED ABOUT 49 YEARS
R/AT S.T ANTONY CHURCH
KESHAV APARTMENT
MAHARASHTRA-400 055
SHOP NO. 12
16. THULASI DEVI
W/O JAYARAM
AGED ABOUT 50 YEARS
RESIDING AT NO. 1198, 1ST CROSS
KIKKERI ROAD, OLD VIJAYA BANK ROAD,
K.R. PETE
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MANDYA DISTRICT-571426.
SHOP NO.1
17. SRI. TOTARAJU
S/O NANJUNDAPPA
AGED ABOUT 54 YEARS
R/AT SUBHASH NAGARA
KRISHNARAJAPETE,
MANDYA DISTRICT-571 426.
SHOP NO. 2
18. SRI. H.R. LOKESH
S/O RANGASWAMY
AGED ABOUT 50 YEARS
R/ AT NO. 538/3, HOSABIDI
NEAR WATER TANK, VIJAYANAGARA BADAVANE,
HOSAHOLALU, K.R. PETE TALUK
MANDYA DISTRICT-571426.
SHOP NO.3
19. SRI. HAFEEZUR REHMAN
S/O ANWAR PASHA
AGED ABOUT 48 YEARS
R/AT NO. 242, SUBHASH NAGAR
KRISHNARAJAPETE
MANDYA DISTRICT-5714 26.
SHOP NO.4
20. SMT. JATAN DEVI
W/O PRAKASH CHAND JAIN
AGED ABOUT 61 YEARS
R/AT BASAVESHWARANAGARA
KRISHNARAJAPETE
MANDYA DISTRICT-571426.
SHOP NO.6
21. SRI. B.S. NAGESHA
S/O SANNEGOWDA
AGED ABOUT 56 YEARS
R/AT NO. 2, KALEGOWDANAKOPPALU
BALLEKERE, KRISHNARAJAPETE TALUK, MANDYA
DISTRICT-571426.
SHOP NO. 8
22. SRI. SHAHID PASHA
S/O ABDUL LATEEF
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AGED ABOUT 68 YEARS
R/AT NO. 592, GANESHA PARK
HEMAVATHIBADAVANE
KRISHNARAJAPETE
MANDYA DISTRICT-571 426.
SHOP NO.9
23. SRI. R. RAMESH
S/O LATE K.N. RANGAPPA
AGED ABOUT 62 YEARS
R/AT HAMSANILAYA, NEW KIKKERI ROAD,
BASAVESHARANAGARA, K.R. PETE,
MANDYA DISTRICT-571 426.
SHOP NO. 10
24. SRI. K.R. RAGHUKUMAR
S/O RAMALINGEGOWDA
AGED ABOUT 54 YEARS
R/AT NO. 2762, S.B. ROAD
KRISHNARAJAPETE
MANDYA DISTRICT-571 426.
SHOP NO. 14
25. SRI. KRISHNA.R
S/O RAMACHANDRU
AGED ABOUT 63 YEARS
R/AT BASAVESHWARANAGARA
NEW KIKKERI ROAD, KRISHNARAJPET
MANDYA DISTRICT-571426.
SHOP NO.58, 15
26. SRI. RAMESH K.N.
S/O NANJUNDEGOWDA
AGED ABOUT 53 YEARS
R/AT NO. 2057, S.B. ROAD
KRISHNARAJAPETE,
MANDYA DISTRICT-571426.
SHOP NO. 12 AND 13
27. SRI. NOOR AHMED ABDUL AZIZ
S/O ABDUL AZIZ
AGED ABOUT 79 YEARS
R/AT 2ND CROSS
NEW KIKKERI ROAD, BASAVESHWARANAGARA,
KRISHNARAJAPETE
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MANDYA DISTRICT-571426.
SHOP NO. 7 AND 12
28. SRI. RATANLAL CHOUDHARY
S/O HANUT RAMJI
AGED ABOUT 57 YEARS
R/AT AAIJEENILAYA, MARKET ROAD
NALA GALLI, HOSAKOTE
BANGALORE RURAL DISTRICT-562114.
SHOP NO. 16
29. SRI. S.K. SATEESH CHANDRA
S/O S.K. KRISHNAPPA
AGED ABOUT 59 YEARS
R/AT NANDINI FARM HOUSE
BANDABOVINAHALLI GATE
AGRAHARABACHAHALLI POST
KRISHNARAJAPET TALUK
MANDYA DISTRICT-571 426.
SHOP NO. 06
30. SRI. K.S. SURESHA
S/O LATE SHIVAIAH
AGED ABOUT 62 YEARS
R/AT NO. 2209, OLD MYSORE ROAD,
KRISHNARAJAPETE,
MANDYA DISTRICT-571426.
SHOP NO. 08
31. SRI. K. SRINIVASA
S/O LATE SHANKARAPPA
AGED ABOUT 49 YEARS
R/ AT WARD NO.3, OLD MYSORE ROAD,
OPP. TO KRISHNARAJENDRA COLLEGE,
THAMMANNA GOWDA NAGARA
KRISHNARAJAPETE,
MANDYA DISTRICT-571426.
SHOP NO. 07
32. SRI. RAVINDRA BABU K.R.
S/O RAMALINGEGOWDA.K.R.
AGED ABOUT 52 YEARS
R/AT OPP. TO OLD MOSQUE, S.B. ROAD,
KRISHNARAJAPETE,
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MANDYA DISTRICT-571426.
SHOP NO. 05
33. SRI JAGADISH
S/O LATE SHANKARAPPA
AGED ABOUT 45 YEARS
R/ AT 2407,
BASAVANAGUDI BEEDI
K.R PETE TOWN, MANDYA-571426
SHOP NO. 09
34. SRI. R. RAMESH
S/O LATE K.N. RANGAPPA
AGED ABOUT 62 YEARS
R/AT HAMSANILAYA, NEW KIKKERI ROAD,
BASAVESHWARANAGAR, KRISHNARAJAPET
MANDYA DISTRICT-571426.
SHOP NO. OLD 38/ NEW 12
35. SMT. VARALAKSHMI
W/O KRISHNA K.R.
AGED ABOUT 52 YEARS
R/AT BASAVANAGUDI, KRISHNARAJAPETE TOWN,
MANDYA DISTRICT-571426.
SHOP NO. OLD 39/ NEW 13.
36. SRI. NOOR MUFTHI
S/O FHAYAZS AHAMED
AGED ABOUT 27 YEARS
R/AT NO. 682/A, SUBHASH NAGAR
KRISHNARAJAPETE
MANDYA DISTRICT-571426.
SHOP NO. OLD 28/ NEW 2
37. SRI. S.R SUBBA NARASIMHA
S/O RAGHAVENDRA RAO
AGED ABOUT 58 YEARS
R/AT NO 134, S.B ROAD, NEAR OLD MASID,
KRISHNARAJPETE TOWN
MANDYA DISTRICT-571426
SHOP NO. 43
38. SRI. S V SATHISH
S/O VENKATESH MURTHY
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AGED ABOUT 42 YEARS
R/AT 60 FEET ROAD, NEAR HEMAGIRI HOTEL
BASAVESHWARA NAGARA, K.R PETE
MANDYA DISTRICT-571426
SHOP NO. 42
39. SRI. LOKESH C.K
S/O LATE KRISHNEGOWDA
AGED ABOUT 41 YEARS
R/AT CHOWDENAHALLI VILLAGE
KASABA HOBLI, KRISHNARAJPETE TALUK
MANDYA DISTRICT-571426
SHOP NO. 2
40. SRI. S K PRABHAKARA
S/O S K KRISHNAPPA
AGED ABOUT 62 YEARS
R/AT NO 231, JAYANAGARA LAYOUT
KRISHNARAJPETE TALUK
MANDYA DISTRICT-571426
SHOP NO. 1
41. SRI. H.R. BALAKRISHNA
S/O LATE A.N. RAMU
AGED ABOUT 85 YEARS
R/AT NO. 3292, S.L.N. POULTRY FARM,
JAYANAGARABADAVANE, HOSAHOLALU
K.R. PETE TALUK
MANDYA DISTRICT-571426.
SHOP NO. 01 AND 08
42. SRI. BASAVEGOWDA
S/O CHIKKEGOWDA
AGED ABOUT 70 YEARS
R/AT NO 22B, KALAMMANAGUDI BEEDI
HOSAHOLALU VILLAGE, KRISHNARAJPETE DISTRICT,
MANDYA DISTRICT- 574126
SHOP NO. 2, 7 AND 10, 6
43. SRI. TANVEER PASHA
S/O MAHAMEDGOUSE
AGED ABOUT 50 YEARS
R/AT NO 471/2, MASJID STREET
KRISHNARAJPETE TALUK,
MANDYA DISTRICT- 571 426
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SHOP NO. 2. (HANDICAP)
44. SRI. KRISHNA H N
S/O LATE NARAYANA
AGED ABOUT 47 YEARS
R/AT JAYANAGARA EXTN KARATH PETROL BUNK
OPP K.R PETE TALUK, K R PETE
MANDYA-571426
SHOP NO. 3
45. SRI. MOHAMMED HABEEB
S/O MAHAMMEDGOUSE
AGED ABOUT 54 YEARS
R/AT NO. 471/3
MASEEDI BEEDI, K.R PETE TALUK,
HOSAHOLALU VILLAGE
KRISHNARAJPETE TALUK,
MANDYA DISTRICT-574126
SHOP NO. 4.
46. SRI. K.H. GOLAP
S/O HANUMANTHAYYA
AGED ABOUT 73 YEARS
R/AT NO. 384, 17TH WARD, BASAVESHWARANAGAR,
KRISHNARAJAPETE,
MANDYA DISTRICT-571426.
SHOP NO. 1
...PETITIONERS
(BY SRI. KASHINATH J D.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
MUNICIPAL ADMINISTRATION
VIKASASOUDHA, DR. B.R. AMBEDKAR VEEDHI,
BENGALURU-560 001.
REP. BY ITS SECRETARY
2. THE DEPUTY COMMISSIONER
MANDYA DISTRICT
MANDYA- 571 401
3. THE CHIEF OFFICER
TOWN MUNICIPAL COUNCIL
KRISHNARAJAPETE
MANDYA DISTRICT-571 426.
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4. THE ADMINISTRATIVE OFFICER
TOWN MUNICIPAL COUNCIL
KRISHNARAJAPETE
MANDYA DISTRICT-571 426.
...RESPONDENTS
(BY SRI.BOPANNA BELLIYAPPA., AGA FOR R-1 & R-2;
SRI.G.M.ANAND.,ADVOCATE FOR R-3 & R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS
PERTAINS TO COMMERCIAL SHOPS PUBLIC E-AUCTION
PUBLICATION PUBLICATION BEARING NO. PU.KA.KRU/KAM/SHA/E-
AUCTION/01/2025-26 DATED. 19.01.2026 ISSUED BY RESPONDENT
NO.3.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Learned AGA accepts notice for respondents No.1
and 2.
2. Sri.G.M.Ananda., learned counsel is directed to
accept notice for respondent No.3 and 4.
3. The petitioner is before this Court seeking for the
following reliefs:
i) Call for records pertains to Commercial Shops Public E-auction publication publication bearing No. Pu.Ka.Kru/Kam/Sha/E-Auction/01/2025-26 dated:
19.01.2026 issued by respondent no.3.
ii) Issue writ in the nature of certiorari to quash the Commercial Shops Public E-auction publication bearing No. Pu.Ka.Kru/Kam/Sha/E-
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Auction/01/2025-26 dated: 19.01.2026 issued by respondent no.3 as per Annexure-A as illegal bad in law. in so fear of petitioners concerned.
iii) Pass any appropriate order deems fit to the facts and circumstances of the case and to meet the interest of justice.
4. The grievance of the petitioner is that the petitioners
being the tenants of various shops in Commercial
Shopping Complex at K.R.Pet, the respondents are
now proposing to auction the said commercial shops
by way of e-auction and thereafter disposes the
petitioner from their respective shops.
5. Merely, because, the petitioners are tenants as
regard the commercial shop, they cannot continue to
be using the said premises after the expiry of the
lease. In terms of the guidelines issued in the year
2019, it is but required for the TMCs to deal with the
public properties by way of public auction and during
that stage, a existing tenant has an option to
participate in the auction and if successful to
continue to retain the possession by making payment
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in terms of the auction notification. In the event of
the existing tenant not being successful, possession
would have to be handed over within a reasonable
period of time.
6. The tenant also has another option of exercising
Right to First Refusal by choosing not to participate
in the auction and making payment of 5% over and
above the highest amount bid at the said auction.
7. Again, needless to say, if the said Right to First
Refusal is not exercised within time period prescribed
under guidelines, then the tenant would be required
to hand over the possession of the premises within
30 days of such auction being held.
8. Faced with the above situation, learned counsel for
the petitioner on instructions, submit that the
petitioner would exercise their Right to First Refusal
and they would not participate in the auction.
9. In that view of the matter, I pass the following;
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ORDER
i. The writ petition is disposed of.
ii. Liberty is reserved to the petitioners to
excise their Right to First Refusal, post the
e-auction being held on 18.02.2026 and
make their offer in terms of guidelines
within time frames stipulated therein.
iii. If no such offer is made by the petitioner,
the respondent would be free to take such
action for eviction of the petitioner as may
be permissible under law after the expiry of
30 days from the date of auction being
held.
SD/-
(SURAJ GOVINDARAJ) JUDGE
SR List No.: 2 Sl No.: 24
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