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Karnataka High Court
Sri. Umesh. H. B vs The State Of Karnataka on 23 March, 2026
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NC: 2026:KHC:16263
WP No. 7179 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.I.ARUN
WRIT PETITION NO.7179 OF 2023 (LB-RES)
BETWEEN:
1. SRI. UMESH H.B.
S/O. SRI. H.S. BILLIYAPPA,
AGED ABOUT 34 YEARS,
R/AT HALURU (CHAKKRAMANI),
JOGANNAKERE POST,
MUDIGERE TALUK,
CHIKKAMAGALURU DISTRICT-577 132.
...PETITIONER
(BY SRI. MANJUNATH PRASAD H.N., ADVOCATE)
Digitally
signed by AND:
GEETHA P G
Location:
HIGH 1. THE STATE OF KARNATAKA
COURT OF REPRESENTED BY ITS PRINCIPAL SECRETARY
KARNATAKA TO REVENUE DEPARTMENT,
M.S. BUILDING,
BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER
CHIKKAMAGALURU DISTRICT,
CHIKKAMAGALURU-577 101.
3. TOWN PANCHAYAT
MUDIGERE TALUK,
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WP No. 7179 of 2023
HC-KAR
REPRESENTED BY ITS CHIEF OFFICER,
MUDIGERE TOWN PANCHAYAT,
MUDIGERE,
CHIKKAMAGALURU-577 132.
...RESPONDENTS
(BY SMT. CHANDINI S., HCGP., FOR R.1 & R.2;
SRI. A. NAGARAJAPPA, ADVOCATE FOR R.3. )
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENT NO.3 TO TAKE NECESSARY STEPS IMMEDIATELY
TO HAND OVER THE POSSESSION OF SHOP NO.3 WHICH IS
RESERVED FOR SC COMMUNITY OF WHICH THE PETITIONER IS
THE SUCCESSFUL BIDDER HAVING PARTICIPATED IN PUBLIC
AUCTION HELD ON 21.11.2019 AND 22.11.2019 IN THE ENDS
OF JUSTICE AND EQUITY, ETC.
THIS PETITION, COMING ON FOR ORDERS THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
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WP No. 7179 of 2023
HC-KAR
ORAL ORDER
1. Petitioner is said to be the successful bidder in an auction
conducted in respect of commercial shop No.3 at Mudigere
Town. The auction is said to have been conducted in the year
2019. Inspite of the petitioner being the successful bidder and
having made the necessary payments way back in the year
2019, till today due to dereliction of duty on the part of
respondent nos.2 and 3, petitioner has not been allotted the
shop.
2. The learned HCGP appearing for respondent Nos.1 and 2
and Sri.A.Nagarajappa, learned counsel appearing for
respondent No.3, does not dispute the fact that the petitioner
was the successful bidder and that he has been allotted the
said shop. However, the learned HCGP appearing for
respondent no.2 is blaming respondent no.3 - Chief Officer,
Mudigere Town for not allotting the shop in favour of the
petitioner and not handing over possession of the same to him.
While, learned counsel appearing for respondent no.3 puts the
blame on respondent No.2 - the Deputy Commissioner for not
giving the necessary approval for allotting the shop in favour of
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the petitioner herein. Either way it is the Officers of the State
who are responsible for the petitioner being made to suffer.
3. Taking into consideration the dereliction of duty on the
part of respondent nos.2 and 3, and the blame that both have
been making against each other, which has ultimately resulted
in loss to the petitioner, this Court, on 04.02.2026, has passed
the following order:-
"1. The petitioner is stated to be the successful bidder in
auction for commercial shop No.3, which is yet to be
handed over. Respondents No.3 claims that
respondent No.3 has sent letter to respondent No.2
seeking for permission to handover, whereas
respondent No.2 has made allegations against
respondent No.3that no communication has been
issued by respondent No.3 and or no action has
been taken.
2. In that view of the matter, respondent No.1 is
directed to look into the matter and file an affidavit
as regard the status thereof and take such action as
is required to be taken against the concerned
delinquent officers. Affidavit to be filed on or before
23.02.2026.
3. Relist on 23.02.2026."
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4. In spite of the aforementioned order, unfortunately, even
respondent No.1- Principal Secretary, Revenue Department has
not initiated any action against respondent Nos.2 and 3. This
gives the impression that all the respondents are interested in
protecting each other at the cost of an ordinary citizen of the
Country.
5. As there is no dispute that the petitioner is the successful
bidder and in spite of him making the necessary payments as
required under law, he has not been allotted the shop, the writ
petition requires to be allowed. Further, the interest of justice
would be met only if appropriate action is initiated against
respondent Nos.2 and 3 for making the petitioner suffer and
the guilty person is directed to pay cost to the petitioner.
6. For the aforementioned reasons, respondents are
required to do the needful and allot the shop to the petitioner.
It is unfortunate, that even at this stage, the learned HCGP
appearing for respondent Nos.1 and 2 as well as the learned
counsel appearing for respondent no.3 are not in a position to
assist the Court and state as to which respondent is liable to
allot the shop in favour of the petitioner. Hence, the following:-
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ORDER
i. The writ petition is hereby allowed.
ii. The respondents are directed to take all
necessary steps to immediately hand over possession
of Shop No.3, which the petitioner has succeeded in
the auction and get the necessary documents
executed from him.
iii. The said exercise shall be done within a period
of one month from the date of receipt of a certified
copy of the order.
iv. Respondents are directed to pay a cost of
Rs.1,00,000/- to the petitioner.
v. Respondent No.1 or such concerned Officer of
the State, is directed to conduct necessary
departmental enquiry against the Officers serving in
the capacity of Deputy Commissioner,
Chikkamagaluru District and Chief Officer, Mudigere
Town Panchayat, who did not act, which made the
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petitioner suffer and constrained him to file this writ
petition and after due enquiry, recover from such
person, the cost to be paid to the petitioner.
Sd/-
(M.I.ARUN)
JUDGE
VMB
List No.: 1 Sl No.: 25
