SHRI. MUNIR S/O. ANWAR BHAGWAN, vs THE PRESIDENT
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC-D:17585
WP No. 108899 of 2026
C/W WP No. 108901 of 2026
WP No. 108902 of 2026
AND 9 OTHERS
CNR: KAHC020199292026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 28 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION NO.108899 OF 2026 (LB-RES)
C/W
WRIT PETITION NO.108901 OF 2026 (LB-RES)
WRIT PETITION NO.108902 OF 2026 (LB-RES)
WRIT PETITION NO.108903 OF 2026 (LB-RES)
WRIT PETITION NO.108904 OF 2026 (LB-RES)
WRIT PETITION NO.108905 OF 2026 (LB-RES)
WRIT PETITION NO.108906 OF 2026 (LB-RES)
WRIT PETITION NO.108907 OF 2026 (LB-RES)
WRIT PETITION NO.108908 OF 2026 (LB-RES)
WRIT PETITION NO.108909 OF 2026 (LB-RES)
WRIT PETITION NO.108910 OF 2026 (LB-RES)
WRIT PETITION NO.108911 OF 2026 (LB-RES)
Digitally signed by
THEJAS KUMAR N
Location: High
Court of Karnataka,
Dharwad Bench
IN WP NO.108899/2026
BETWEEN:
SHRI. SHIVKUMAR VASANT UMARANI,
AGE. 58 YEARS, OCC. BUSINESS,
R/O. SHOP NO.1, NEHRU COMMERCIAL COMPLEX,
NEAR DR. AMBEDKAR CIRCLE, ATHANI, DIST. BELAGAVI.
…PETITIONER
(BY SRI. SANGRAM S.KULKARNI, ADVOCATE)
AND:
1. THE PRESIDENT
TOWN MUNICIPAL COUNCIL,
- 2 -
HC-KAR
NC: 2026:KHC-D:17585
WP No. 108899 of 2026
C/W WP No. 108901 of 2026
WP No. 108902 of 2026
AND 9 OTHERS
CNR: KAHC020199292026
ATHANI-591304, ATHANI, DIST. BELAGAVI.
2. THE CHIEF OFFICER,
TOWN MUNICIPAL COUNCIL,
ATHANI-591304, ATHANI,
DIST. BELAGAVI.
…RESPONDENTS
(BY SRI. ARAVIND D.KULKARNI, ADVOCATE FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO 1) ISSUE A WRIT OF
CERTIORARI AND QUASH THE IMPUGNED AUCTION NOTIFICATION
DATED 06.10.2026 PUBLISHED IN DAILY NEWSPAPER VIJAYAWANI
DATED 09-10-2026 VIDE ANNEXURE-D, BEARING NO.KRA-
SAM.PUSA.KANDAYA:2026-27 RELATING TO THE SHOP NO.1, NEHRU
COMMERCIAL COMPLEX, ATHANI IN THE INTEREST OF JUSTICE AND
EQUITY, 2) ISSUE A WRIT OF MANDAMUS DIRECTING THE
RESPONDENTS TO CONTINUE THE LEASE IN FAVOUR OF THE
PETITIONER RELATING TO SHOP NO.G-1, NEHRU COMMERCIAL
COMPLEX, ATHANI. 3) ISSUE ANY OTHER WRIT, ORDER OR
DIRECTION TO WHICH THE PETITIONER IS FOUND ENTITLED TO IN
THE PRESENT FACTS AND GROUNDS.
IN WP NO.108901/2026
BETWEEN:
ARUDHA JYOTI URBAN CO-OP. BANK, ATHANI,
R/BY MANAGER SIDRAY S/O. BASAPPA SHIRAGAR,
AGE. 53 YEARS, OCC. SERVICE,
R/O. SHOP NO.11 AND 12, NEHRU COMMERCIAL COMPLEX,
NEAR DR. AMBEDKAR CIRCLE, ATHANI, DIST. BELAGAVI.
...PETITIONER
(BY SRI. SANGRAM S.KULKARNI, ADVOCATE)
AND:
1. THE PRESIDENT
TOWN MUNICIPAL COUNCIL,
ATHANI, ATHANI-591304,
DIST. BELAGAVI.
2. THE CHIEF OFFICER,
- 3 -
HC-KAR
NC: 2026:KHC-D:17585
WP No. 108899 of 2026
C/W WP No. 108901 of 2026
WP No. 108902 of 2026
AND 9 OTHERS
CNR: KAHC020199292026
TOWN MUNICIPAL COUNCIL,
ATHANI, ATHANI-591304,
DIST. BELAGAVI.
...RESPONDENTS
(BY SRI. ARAVIND D.KULKARNI, ADVOCATE FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1) ISSUE A
WRIT OF CERTIORARI AND QUASH THE IMPUGNED AUCTION
NOTIFICATION DATED 06.10.2026 PUBLISHED IN DAILY
NEWSPAPER VIJAYAWANI DATED 09-10-2026 BEARING
NO. VIDE ANNEXURE-D, RELATING TO
PÀæ.¸ÀA:¥ÀĸÀC:PÀAzÁAiÀÄ 2026-27
THE SHOP NO.11 AND 12, NEHRU COMMERCIAL COMPLEX,
ATHANI IN THE INTEREST OF JUSTICE AND EQUITY. 2) ISSUE A
WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO
CONTINUE THE LEASE IN FAVOUR OF THE PETITIONER
RELATING TO SHOP NO.11 AND 12, NEHRU COMMERCIAL
COMPLEX, ATHANI, 3) ISSUE ANY OTHER WRIT, ORDER OR
DIRECTION TO WHICH THE PETITIONER IS FOUND ENTITLED TO
IN THE PRESENT FACTS AND GROUNDS.
IN WP NO.108902/2026
BETWEEN:
SHRI. HAMIJA @ AMIRHAMAJA
HASIMSAB SATBACHHE,
AGE. 65 YEARS, OCC. BUSINESS,
R/O. SHOP NO.G-10, NEHRU COMMERCIAL COMPLEX,
NEAR DR. AMBEDKAR CIRCLE, ATHANI, DIST. BELAGAVI.
...PETITIONER
(BY SRI. SANGRAM S.KULKARNI, ADVOCATE)
AND:
1. THE PRESIDENT
TOWN MUNICIPAL COUNCIL,
ATHANI, ATHANI-591304,
DIST. BELAGAVI.
2. THE CHIEF OFFICER,
TOWN MUNICIPAL COUNCIL,
ATHANI, ATHANI-591304,
DIST. BELAGAVI.
...RESPONDENTS
- 4 -
HC-KAR
NC: 2026:KHC-D:17585
WP No. 108899 of 2026
C/W WP No. 108901 of 2026
WP No. 108902 of 2026
AND 9 OTHERS
CNR: KAHC020199292026
(BY SRI. ARAVIND D.KULKARNI, ADVOCATE FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1) ISSUE A
WRIT OF CERTIORARI AND QUASH THE IMPUGNED AUCTION
NOTIFICATION DATED 06.10.2026 PUBLISHED IN DAILY
NEWSPAPER VIJAYAWANI DATED 09-10-2026 BEARING
NO. PÀ.æ¸ÀA:¥ÀĸÀC:PÀAzÁAiÀÄ 2026-27 VIDE ANNEXURE-D, RELATING TO
THE SHOP NO.10, NEHRU COMMERCIAL COMPLEX, ATHANI IN
THE INTEREST OF JUSTICE AND EQUITY. 2) ISSUE A WRIT OF
MANDAMUS DIRECTING THE RESPONDENTS TO CONTINUE THE
LEASE IN FAVOUR OF THE PETITIONER RELATING TO SHOP
NO.G-10, NEHRU COMMERCIAL COMPLEX, ATHANI, 3) ISSUE
ANY OTHER WRIT, ORDER OR DIRECTION TO WHICH THE
PETITIONER IS FOUND ENTITLED TO IN THE PRESENT FACTS
AND GROUNDS.
IN WP NO.108903/2026
BETWEEN:
SHRI. APPASAHEB GURUPADAPPA KUMBAR,
AGE. 64 YEARS, OCC. BUSINESS,
R/O. SHOP NO.G-8, NEHRU COMMERCIAL COMPLEX,
NEAR DR. AMBEDKAR CIRCLE, ATHANI, DIST. BELAGAVI.
...PETITIONER
(BY SRI. SANGRAM S.KULKARNI, ADVOCATE)
AND:
1. THE PRESIDENT
TOWN MUNICIPAL COUNCIL,
ATHANI, ATHANI-591304,
DIST. BELAGAVI.
2. THE CHIEF OFFICER,
TOWN MUNICIPAL COUNCIL,
ATHANI, ATHANI-591304,
DIST. BELAGAVI.
...RESPONDENTS
(BY SRI. ARAVIND D.KULKARNI, ADVOCATE FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
- 5 -
HC-KAR
NC: 2026:KHC-D:17585
WP No. 108899 of 2026
C/W WP No. 108901 of 2026
WP No. 108902 of 2026
AND 9 OTHERS
CNR: KAHC020199292026
227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1) ISSUE A
WRIT OF CERTIORARI AND QUASH THE IMPUGNED AUCTION
NOTIFICATION DATED 06.10.2026 PUBLISHED IN DAILY
NEWSPAPER VIJAYAWANI DATED 09-10-2026 BEARING NO.
PÀæ.¸ÀA:¥ÀĸÀC:PÀAzÁAiÀÄ 2026-27 VIDE ANNEXURE-D, RELATING TO THE
SHOP NO.G-8, NEHRU COMMERCIAL COMPLEX, ATHANI IN THE
INTEREST OF JUSTICE AND EQUITY. 2) ISSUE A WRIT OF
MANDAMUS DIRECTING THE RESPONDENTS TO CONTINUE THE
LEASE IN FAVOUR OF THE PETITIONER RELATING TO SHOP
NO.G-8, NEHRU COMMERCIAL COMPLEX, ATHANI, 3) ISSUE ANY
OTHER WRIT, ORDER OR DIRECTION TO WHICH THE
PETITIONER IS FOUND ENTITLED TO IN THE PRESENT FACTS
AND GROUNDS.
IN WP NO.108904/2026
BETWEEN:
SHRI. SHAMALAL S/O. DAULATRAO KALATARI,
AGE. 75 YEARS, OCC. BUSINESS,
R/O. SHOP NO.G-3, BASAVA COMMERCIAL COMPLEX,
NEAR DR. AMBEDKAR CIRCLE, ATHANI, DIST. BELAGAVI.
...PETITIONER
(BY SRI. SANGRAM S.KULKARNI, ADVOCATE)
AND:
1. THE PRESIDENT,
TOWN MUNICIPAL COUNCIL,
ATHANI, ATHANI-591304, DIST. BELAGAVI.
2. THE CHIEF OFFICER,
TOWN MUNICIPAL COUNCIL,
ATHANI, ATHANI-591304, DIST. BELAGAVI.
...RESPONDENTS
(BY SRI. ARAVIND D.KULKARNI, ADVOCATE FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1) ISSUE A
WRIT OF CERTIORARI AND QUASH THE IMPUGNED AUCTION
NOTIFICATION DATED 06.10.2026 PUBLISHED IN DAILY
NEWSPAPER VIJAYAWANI DATED 09-10-2026 BEARING
NO. VIDE ANNEXURE-D, RELATING TO
PÀæ.¸ÀA:¥ÀĸÀC:PÀAzÁAiÀÄ 2026-27
- 6 -
HC-KAR
NC: 2026:KHC-D:17585
WP No. 108899 of 2026
C/W WP No. 108901 of 2026
WP No. 108902 of 2026
AND 9 OTHERS
CNR: KAHC020199292026
THE SHOP NO.G-3, IN BASAVA COMMERCIAL COMPLEX, NEAR
DR. AMBEDKAR CIRCLE, ATHANI IN THE INTEREST OF JUSTICE
AND EQUITY, 2) ISSUE A WRIT OF MANDAMUS DIRECTING THE
RESPONDENTS TO CONTINUE THE LEASE IN FAVOUR OF THE
PETITIONER RELATING TO SHOP NO. G-3, BASAVA COMMERCIAL
COMPLEX, NEAR DR. AMBEDKAR CIRCLE, ATHANI, 3) ISSUE ANY
OTHER WRIT, ORDER OR DIRECTION TO WHICH THE
PETITIONER IS FOUND ENTITLED TO IN THE PRESENT FACTS
AND GROUNDS.
IN WP NO.108905/2026
BETWEEN:
SHRI. MUNIR S/O. ANWAR BHAGWAN,
AGE. 52 YEARS, OCC. BUSINESS,
R/O. SHOP NO.G-3, NEHRU COMMERCIAL COMPLEX,
NEAR DR. AMBEDKAR CIRCLE, ATHANI, DIST. BELAGAVI.
...PETITIONER
BY SRI. SANGRAM S.KULKARNI, ADVOCATE
( )
AND:
1. THE PRESIDENT,
TOWN MUNICIPAL COUNCIL,
ATHANI, ATHANI-591304,
DIST. BELAGAVI.
2. THE CHIEF OFFICER,
TOWN MUNICIPAL COUNCIL,
ATHANI, ATHANI-591304,
DIST. BELAGAVI.
...RESPONDENTS
(BY SRI. ARAVIND D.KULKARNI, ADVOCATE FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1) ISSUE A
WRIT OF CERTIORARI AND QUASH THE IMPUGNED AUCTION
NOTIFICATION DATED 06.10.2026 PUBLISHED IN DAILY
NEWSPAPER VIJAYAWANI DATED 09-10-2026 VIDE ANNEXURE-B
RELATING TO THE SHOP NO.G-3, NEHRU COMPLEX, ATHANI IN
THE INTEREST OF JUSTICE AND EQUITY, 2) ISSUE A WRIT OF
MANDAMUS DIRECTING THE RESPONDENTS TO CONTINUE THE
LEASE IN FAVOUR OF THE PETITIONER RELATING TO SHOP
- 7 -
HC-KAR
NC: 2026:KHC-D:17585
WP No. 108899 of 2026
C/W WP No. 108901 of 2026
WP No. 108902 of 2026
AND 9 OTHERS
CNR: KAHC020199292026
NO.G-3, NEHRU COMMERCIAL COMPLEX, ATHANI, 3) ISSUE ANY
OTHER WRIT, ORDER OR DIRECTION TO WHICH THE
PETITIONER IS FOUND ENTITLED TO IN THE PRESENT FACTS
AND GROUNDS.
IN WP NO.108906/2026
BETWEEN:
1. SHRI. MALLINATH SHANTINATH MUDDEBIHAL,
AGE. 46 YEARS, OCC. BUSINESS,
R/O. SHOP NO.G-1, BASAVA COMMERCIAL COMPLEX,
NEAR DR. AMBEDKAR CIRCLE, ATHANI, DIST. BELAGAVI.
2. SHRI. KUMAR S/O. KRISHNAPPA PATTAR,
AGE. 45 YEARS, OCC. BUSINESS,
R/O. SHOP NO.G-1, BASAVA COMMERCIAL COMPLEX,
NEAR DR. AMBEDKAR CIRCLE, ATHANI, DIST. BELAGAVI.
...PETITIONERS
(BY SRI. SANGRAM S.KULKARNI, ADVOCATE)
AND:
1. THE PRESIDENT,
TOWN MUNICIPAL COUNCIL,
ATHANI, ATHANI-591304,
DIST. BELAGAVI.
2. THE CHIEF OFFICER,
TOWN MUNICIPAL COUNCIL,
ATHANI, ATHANI-591304,
DIST. BELAGAVI.
...RESPONDENTS
(BY SRI. ARAVIND D.KULKARNI, ADVOCATE FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1) ISSUE A
WRIT OF CERTIORARI AND QUASH THE IMPUGNED AUCTION
NOTIFICATION DATED 06.10.2026 PUBLISHED IN DAILY
NEWSPAPER VIJAYAWANI DATED 09-10-2026 BEARING NO.KRA-
SAM-PUSA-KANDAYA.2026-27 VIDE ANNEXURE-D, RELATING TO
THE SHOP NO.G-1, BASAVA COMMERCIAL COMPLEX, NEAR DR.
AMBEDKAR CIRCLE, ATHANI IN THE INTEREST OF JUSTICE AND
- 8 -
HC-KAR
NC: 2026:KHC-D:17585
WP No. 108899 of 2026
C/W WP No. 108901 of 2026
WP No. 108902 of 2026
AND 9 OTHERS
CNR: KAHC020199292026
EQUITY, 2) ISSUE A WRIT OF MANDAMUS DIRECTING THE
RESPONDENTS TO CONTINUE THE LEASE IN FAVOUR OF THE
PETITIONER RELATING TO SHOP NO.G-1, BASAVA COMMERCIAL
COMPLEX, DR. AMBEDKAR CIRCLE, ATHANI, 3) ISSUE ANY
OTHER WRIT, ORDER OR DIRECTION TO WHICH THE
PETITIONER IS FOUND ENTITLED TO IN THE PRESENT FACTS
AND GROUNDS.
IN WP NO.108907/2026
BETWEEN:
SHRI. RAJKUMAR S/O. TULASIDAS BAMANE,
AGE. 55 YEARS, OCC. BUSINESS,
R/O. SHOP NO.G-9, NEHRU COMMERCIAL COMPLEX,
NEAR DR. AMBEDKAR CIRCLE, ATHANI, DIST. BELAGAVI.
...PETITIONER
( BY SRI. SANGRAM S.KULKARNI, ADVOCATE )
AND:
1. THE PRESIDENT,
TOWN MUNICIPAL COUNCIL,
ATHANI, ATHANI-591304,
DIST. BELAGAVI.
2. THE CHIEF OFFICER,
TOWN MUNICIPAL COUNCIL,
ATHANI, ATHANI-591304,
DIST. BELAGAVI.
...RESPONDENTS
(BY SRI. ARAVIND D.KULKARNI, ADVOCATE FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1) ISSUE A
WRIT OF CERTIORARI AND QUASH THE IMPUGNED AUCTION
NOTIFICATION DATED 06.10.2026 PUBLISHED IN DAILY
NEWSPAPER VIJAYAWANI DATED 09-10-2026 BEARING
NO. PÀæ.¸ÀA:¥ÀĸÀC:PÀAzÁAiÀÄ 2026-27 VIDE ANNEXURE-D, RELATING TO
THE SHOP NO.G-9, NEHRU COMMERCIAL COMPLEX, ATHANI IN
THE INTEREST OF JUSTICE AND EQUITY, 2) ISSUE A WRIT OF
MANDAMUS DIRECTING THE RESPONDENTS TO CONTINUE THE
- 9 -
HC-KAR
NC: 2026:KHC-D:17585
WP No. 108899 of 2026
C/W WP No. 108901 of 2026
WP No. 108902 of 2026
AND 9 OTHERS
CNR: KAHC020199292026
LEASE IN FAVOUR OF THE PETITIONER RELATING TO SHOP
NO.G-9, NEHRU COMMERCIAL COMPLEX, ATHANI, 3) ISSUE ANY
OTHER WRIT, ORDER OR DIRECTION TO WHICH THE
PETITIONER IS FOUND ENTITLED TO IN THE PRESENT FACTS
AND GROUNDS.
IN WP NO.108908/2026
BETWEEN:
SMT. SHAILAJA W/O. MAHADEV NAIK,
AGE. 46 YEARS, OCC. BUSINESS,
R/O. SHOP NO.G-4, NEHRU COMMERCIAL COMPLEX,
NEAR DR. AMBEDKAR CIRCLE, ATHANI, DIST. BELAGAVI.
...PETITIONER
( )
BY SRI. SANGRAM S.KULKARNI, ADVOCATE
AND:
1. THE PRESIDENT,
TOWN MUNICIPAL COUNCIL,
ATHANI, ATHANI-591304,
DIST. BELAGAVI.
2. THE CHIEF OFFICER,
TOWN MUNICIPAL COUNCIL,
ATHANI, ATHANI-591304,
DIST. BELAGAVI.
...RESPONDENTS
(BY SRI. ARAVIND D.KULKARNI, ADVOCATE FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1) ISSUE A
WRIT OF CERTIORARI AND QUASH THE IMPUGNED AUCTION
NOTIFICATION DATED 06.10.2026 PUBLISHED IN DAILY
NEWSPAPER VIJAYAWANI DATED 09-10-2026 BEARING
NO. PÀæ.¸ÀA:¥ÀĸÀC:PÀAzÁAiÀÄ 2026-27 VIDE ANNEXURE-D, RELATING TO
THE SHOP NO.G-4, NEHRU COMMERCIAL COMPLEX, ATHANI IN
THE INTEREST OF JUSTICE AND EQUITY, 2) ISSUE A WRIT OF
MANDAMUS DIRECTING THE RESPONDENTS TO CONTINUE THE
LEASE IN FAVOUR OF THE PETITIONER RELATING TO SHOP
NO.4, NEHRU COMMERCIAL COMPLEX, ATHANI, 3) ISSUE ANY
OTHER WRIT, ORDER OR DIRECTION TO WHICH THE
PETITIONER IS FOUND ENTITLED TO IN THE PRESENT FACTS
- 10 -
HC-KAR
NC: 2026:KHC-D:17585
WP No. 108899 of 2026
C/W WP No. 108901 of 2026
WP No. 108902 of 2026
AND 9 OTHERS
CNR: KAHC020199292026
AND GROUNDS.
IN WP NO.108909/2026
BETWEEN:
SHRI. MAHADEV S/O. BHIMAPPA NAIK,
AGE. 54 YEARS, OCC. BUSINESS,
R/O. SHOP NO.G-7, NEHRU COMMERCIAL COMPLEX,
NEAR DR. AMBEDKAR CIRCLE, ATHANI, DIST. BELAGAVI.
...PETITIONER
(BY SRI. SANGRAM S.KULKARNI, ADVOCATE)
AND:
1. THE PRESIDENT,
TOWN MUNICIPAL COUNCIL,
ATHANI, ATHANI-591304,
DIST. BELAGAVI.
2. THE CHIEF OFFICER,
TOWN MUNICIPAL COUNCIL,
ATHANI, ATHANI-591304,
DIST. BELAGAVI.
...RESPONDENTS
(BY SRI. ARAVIND D.KULKARNI, ADVOCATE FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1) ISSUE A
WRIT OF CERTIORARI AND QUASH THE IMPUGNED AUCTION
NOTIFICATION DATED 06.10.2026 PUBLISHED IN DAILY
NEWSPAPER VIJAYAWANI DATED 09-10-2026 BEARING
NO. PÀæ.¸ÀA:¥ÀĸÀC:PÀAzÁAiÀÄ 2026-27 VIDE ANNEXURE-D, RELATING TO
THE SHOP NO.G-7, NEHRU COMMERCIAL COMPLEX, ATHANI IN
THE INTEREST OF JUSTICE AND EQUITY, 2) ISSUE A WRIT OF
MANDAMUS DIRECTING THE RESPONDENTS TO CONTINUE THE
LEASE IN FAVOUR OF THE PETITIONER RELATING TO SHOP
NO.G-7, NEHRU COMMERCIAL COMPLEX, ATHANI, 3) ISSUE ANY
OTHER WRIT, ORDER OR DIRECTION TO WHICH THE
PETITIONER IS FOUND ENTITLED TO IN THE PRESENT FACTS
AND GROUNDS.
- 11 -
HC-KAR
NC: 2026:KHC-D:17585
WP No. 108899 of 2026
C/W WP No. 108901 of 2026
WP No. 108902 of 2026
AND 9 OTHERS
CNR: KAHC020199292026
IN WP NO.108910/2026
BETWEEN:
SHRI. NARAYAN S/O. PRALHAD GUNDA,
AGE. 64 YEARS, OCC. BUSINESS,
R/O. SHOP NO.5, BASAVA COMMERCIAL COMPLEX,
NEAR DR. AMBEDKAR CIRCLE, ATHANI, DIST. BELAGAVI.
...PETITIONER
(BY SRI. SANGRAM S.KULKARNI, ADVOCATE)
AND:
1. THE PRESIDENT,
TOWN MUNICIPAL COUNCIL,
ATHANI, ATHANI-591304,
DIST. BELAGAVI.
2. THE CHIEF OFFICER,
TOWN MUNICIPAL COUNCIL,
ATHANI, ATHANI-591304,
DIST. BELAGAVI.
...RESPONDENTS
(BY SRI. ARAVIND D.KULKARNI, ADVOCATE FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1) ISSUE A
WRIT OF CERTIORARI AND QUASH THE IMPUGNED AUCTION
NOTIFICATION DATED 06.10.2026 PUBLISHED IN DAILY
NEWSPAPER VIJAYAWANI DATED 09-10-2026 BEARING
NO. PÀæ.¸ÀA:¥ÀĸÀC:PÀAzÁAiÀÄ 2026-27 VIDE ANNEXURE-B RELATING TO
THE SHOP NO.G-5, BASAVA COMMERCIAL COMPLEX, ATHANI IN
THE INTEREST OF JUSTICE AND EQUITY, 2) ISSUE A WRIT OF
MANDAMUS DIRECTING THE RESPONDENTS TO CONTINUE THE
LEASE IN FAVOUR OF THE PETITIONER RELATING TO SHOP
NO.G-5, BASAVA COMMERCIAL COMPLEX, ATHANI, 3) ISSUE
ANY OTHER WRIT, ORDER OR DIRECTION TO WHICH THE
PETITIONER IS FOUND ENTITLED TO IN THE PRESENT FACTS
AND GROUNDS.
- 12 -
HC-KAR
NC: 2026:KHC-D:17585
WP No. 108899 of 2026
C/W WP No. 108901 of 2026
WP No. 108902 of 2026
AND 9 OTHERS
CNR: KAHC020199292026
IN WP NO.108911/2026
BETWEEN:
SHRI. RAJU S/O. PARASMAL RATHOD,
AGE. 52 YEARS, OCC. BUSINESS,
R/O. SHOP NO.4, BASAVA COMMERCIAL COMPLEX,
NEAR DR. AMBEDKAR CIRCLE, ATHANI, DIST. BELAGAVI.
...PETITIONER
(BY SRI. SANGRAM S.KULKARNI, ADVOCATE)
AND:
1. THE PRESIDENT,
TOWN MUNICIPAL COUNCIL,
ATHANI, ATHANI-591304,
DIST. BELAGAVI.
2. THE CHIEF OFFICER,
TOWN MUNICIPAL COUNCIL,
ATHANI, ATHANI-591304,
DIST. BELAGAVI.
...RESPONDENTS
(BY SRI. ARAVIND D.KULKARNI, ADVOCATE FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1) ISSUE A
WRIT OF CERTIORARI AND QUASH THE IMPUGNED AUCTION
NOTIFICATION DATED 06.10.2026 PUBLISHED IN DAILY
NEWSPAPER VIJAYAWANI DATED 09-10-2026 VIDE
ANNEXURE-D, RELATING TO THE SHOP NO. G-4, BASAVA
COMMERCIAL COMPLEX, NEAR DR. AMBEDKAR CIRCLE, ATHANI
IN THE INTEREST OF JUSTICE AND EQUITY, 2) ISSUE A WRIT OF
MANDAMUS DIRECTING THE RESPONDENTS TO CONTINUE THE
LEASE IN FAVOUR OF THE PETITIONER RELATING TO SHOP
NO.4, IN BASAVA COMMERCIAL COMPLEX, DR. AMBEDKAR
CIRCLE, ATHANI, 3) ISSUE ANY OTHER WRIT, ORDER OR
DIRECTION TO WHICH THE PETITIONER IS FOUND ENTITLED TO
IN THE PRESENT FACTS AND GROUNDS.
THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
- 13 -
HC-KAR
NC: 2026:KHC-D:17585
WP No. 108899 of 2026
C/W WP No. 108901 of 2026
WP No. 108902 of 2026
AND 9 OTHERS
CNR: KAHC020199292026
CORAM: HON'BLE MR. JUSTICE T.M.NADAF
ORAL ORDER
Heard, Sri.Sangram S.Kulkarni, learned counsel
appearing for the petitioner and Sri.Aravind D.Kulkarni,
learned counsel appearing for the respondents, in all the
petitions.
2. These Writs Petitions are filed seeking a Writ of
Certiorari to quash the impugned Auction Notification
dated 06.10.2026 published in
PÀæ.¸ÀA.:¥ÀĸÀ-C:PÀAzÁAiÀÄ 2026-27
Daily Newspaper, Vijayawani dated 09.10.2026, relating to
respective Shop of the petitioners and also a Writ of
Mandamus directing the respondents to continue the lease
in favor of the petitioner relating to respective Shop of the
petitioners.
3. Brief facts leading to file these Writ Petitions are
as under:
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3.1 The petitioners were allotted with respective shops as
Licensees in the shopping complexes belonging to
the respondent authorities.
3.2 As per the petitioners, the lease executed in favor of
the petitioners expired in the year 2010. Thereafter,
on one or the other pretext, the petitioners continued
in the premises by paying rents to the respondents.
In other words, the petitioners continued in the
premises as tenants by holding over.
3.3 In the meanwhile, the petitioners approached the
Civil Court by filing separate suits seeking permanent
injunction against the respondents, restraining the
respondents from dispossessing them from the
premises without due process of law. The suits are
pending consideration. However, no interim order
has been granted in those suits.
3.4 It is the case of the petitioners that, on the earlier
occasion, Auction Notification came to be issued on
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03.07.2025. Against which, the petitioners
approached this Court by filing several Writ Petitions.
At the first instance, the Coordinate Bench of this
Court granted interim order and subsequently
disposed of all the Writ Petitions, holding that due to
efflux of time, the notification has been spent itself
and the Writ Petitions have rendered infructuous.
3.5 It is their further case that, the respondents are
insisting them to vacate the premises without any
due process of law.
3.6 As the matter stood thus, the respondents, without
taking any recourse under the law as contemplated
under the Public Premises (Eviction of Unauthorized
1
Occupants) Act, 1971 , issued Auction Notification on
06.10.2026, proposing to auction the shops, which
were allotted and in the possession of the petitioners
along with other shops, in all totally 39 shops in
1
For short, ‘the PP Act’
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number on 29.10.0226 and 30.10.2026, respectively.
Aggrieved by the Auction Notification, the petitioners
are before this Court in this batch of Writ Petitions.
4. Sri.Sangram S.Kulkarni, learned counsel
appearing for the petitioners submits that the authorities
are bound under the Provisions of the PP Act, to evict the
persons, which is a due process of law. However, without
resorting to said exercise, they are indirectly trying to
dispossess the petitioners, which is not permissible in law.
To buttress his argument, learned counsel placed reliance
on the Judgments of the Coordinate Bench of this Court in
the case of K.T.SURESH AND OTHERS VS. STATE OF
2
KARNATAKA AND OTHERS and in the case of
SRI.D.RAJSHEKAR VS. STATE OF KARNATAKA AND
3
OTHERS and sought to allow the Writ Petitions.
5. In contrast, Sri.Aravind D.Kulkarni, learned
counsel appearing for the respondents submits that
2
W.P.No.12105/2022 along with connected matters, disposed of on 24.01.2024.
3
W.P.No.6296/2024 C/w. W.P.No.1200/2024, disposed of on 25.03.2024
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though the lease period expired in the year 2010, the
petitioners, on one or the other pretext, are continuing in
the premises. He submits that, as per the Law, any
premises leased or licensed shall not exceed five years,
and as per the Provisions of Municipalities Act and
Circulars of the Government dated19.07.2019 and
16.10.2026, any property belonging to the Municipalities,
required to be allotted by means of Public auction. The
continuation of petitioners is detrimental to the
development and interest of the Municipality. Learned
counsel further submits that, in the auction, the
petitioners are given preferential right to bid for the shops.
6. On the contention of learned counsel for the
petitioners that, the petitioners are paying rents regularly,
Sri.Aravind D.Kulkarni, submits that rents are not paid to
the account of the Municipality and sought to dismiss the
Writ Petitions.
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7. Having heard the learned counsel for the
respective parties, perused the entire Writ Petition papers
in all the petitions.
8. The coordinate Bench of this Court in the case
of D.RAJSHEKAR supra held that the action contemplated
i.e., issuance of Auction Notification without resorting to
the powers conferred under the PP Act is unsustainable in
law and quashed the Auction Notification. The relevant
paragraph of the Judgment starting with Paragraph No.3,
read as under:
3. The petitioners are the licensees of the
shops coming under the precincts of respondent No.3.
They are now sought to be evicted without following due
process of law, by issuing a impugned Tender
Notification. The challenge to the tender notification
need not detain this Court for long or delve deep into the
matter. This Court, in identical circumstances in
W.P.No.4750 of 2024 decided in 28-02-2024 has held as
follows:
“9. ….The issue is whether the petitioners now
can be evicted without following due process of
law. The due process of law, as projected by
the learned senior counsel is that, procedure
stipulated under the Act should be followed.
The issue need not detain this Court for long or
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delve deep into the matter, as the co-ordinate
Bench of this Court in K.T. SURESH (supra)
has held as follows:
“…. …. ….
18. Having heard learned counsel for the
parties, the points that would arise for
consideration are:
1. Whether on the expiry of a
lease/license executed by the
Corporation, Municipality or the like,
would such Corporation, Municipality
forcibly vacate the persons in occupation
of the shops leased/licensed by the
Corporation/Municipality or is required to
follow any particular procedure?
2. Whether in the present case the
handover of the premises by the
respective petitioners can be said to be
voluntarily handed over as per the
submission of Ms. Geethadevi.M.P, learned
counsel for the Municipality?
3. What order?
19. I answer the above points as under:-
20. ANSWER TO POINT NO.1: Whether on
the expiry of a lease/license
executed by the Corporation,
Municipality or the like, would such
Corporation, Municipality forcibly
vacate the persons in occupation of
the shops leased/licensed by the
Corporation/ Municipality or is
required to follow any particular
procedure?
20.1 It is not in dispute that the premises in
question have been constructed by using
IDSMT funds and that the petitioners
have been put in possession of their
respective shops by the Municipality
where the petitioners are carrying on
business of vending fruits and vegetables,
cereals or the like, suffice to state that
petitioners are all petty traders dealing
with day-to-day requirements.
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20.2 All the petitioners claim to have been put
in possession in the year 1999-2000,
initially for a period of five years which
has been extended from time to time on
the basis of resolutions passed by the
Municipality and in terms of the resolution
dated 21.11.2011, it is claimed that the
period of lease is extended till 2025 and
as such the lease continues to be in
existence. The aspect of this resolution
need not hold this Court much longer
inasmuch as the said resolution is subject
to approval by the State Government.
The State Government has rejected the
said approval vide its letter dated 26-10-
2009 and as such it cannot now be
contended by the petitioners that the
lease/license continues to be in force or
in currency.
20.3 The lease having expired, the Municipality
brought the shops for auction, an Auction
notification having been issued, on a
challenge being made to the auction
notification, this Court vide its order
dated 21.2.2022 in WP No.4084/2022
permitted the petitioners to participate in
the said auction. Some of the petitioners
did participate by themselves or through
their near and dear ones, some of them
succeeded, where most of them failed in
the auction, third parties have succeeded
as regards those shops.
20.4 In terms of The Karnataka Grama
Panchayat and Panchayathraj (Taluk
Panchayat movable and immovable
Properties Transfer) Rules, 2017 ,
Whenever a term of a lease of a shop or
premises were to expire, it would but be
required for the concerned Municipal
Authority to bring it for auction where the
current lease/license holder could also
participate and if successful, lease/license
could be executed in favour of such
persons. Another option provided is that
the lessee/licensee may choose not to
participate in the said auction
proceedings but could exercise right to
first refusal, quoting higher than the bid
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quoted by the successful bidder or
auction purchaser. The right to first
refusal has also not been exercised by
the petitioners in this matter, most of the
petitioners contending that the bids were
on higher end and as such were false and
the petitioners being small traders could
not bid such higher amounts. Thus,
categorically indicating that the
petitioners were not interested in and did
not exercise right to first refusal.
20.5 From the aforesaid it is clear that the
lease/license has come to end, the
petitioner’s have not succeeded in the
auction nor exercised the right of first
refusal. Thus, the lease/license having
come to an end, looked at from any
angle. Once the lease/license comes to an
end, it would be for the lessee/licensee to
vacate the premises and hand over the
same to the lessor/licensor to the
Municipality therein. That not having
been done, the only option available to
the Municipality is either to invoke the
provisions of the T.P. Act for eviction or
to invoke the provisions of The Public
Premises (Eviction of Unauthorised
Occupants) Act, 1971 , to evict the
lessee/licensees, since in this particular
case there is no dispute that the property
belongs to the Municipality and about the
petitioner’s being the lessee/licensor of
the said premises.
20.6 The authorities cannot take the law
into their own hands and cause
forcible eviction of the
lessee/licensee but are required to
follow the due process of law by
initiating necessary proceedings and
obtain judicial/quasi-judicial orders
for eviction and thereafter enforce
the same.
20.7 Thus, the contention of Ms.
Geethadevi.M.P. learned counsel for
Municipality that on the expiry of the
lease/license the Municipality could
evict the lessee/licensee without any
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particular order of a judicial or quasi
judicial authority is rejected.
20.8 Hence, I answer point No.1 by
holding that on the expiry of a
lease/license executed by the
Corporation, Municipality or the like,
such Corporation, Municipality cannot
forcibly vacate the persons in
occupation of the shops
leased/licensed by the
Corporation/Municipality but is
required to follow the procedure
prescribed under the The Public
Premises (Eviction of Unauthorised
Occupants) Act, 1971, or The
Transfer of Property Act.”
(Emphasis supplied)
The co-ordinate Bench holds that the licensees
or lessees of shops cannot be evicted
unilaterally. The procedure stipulated in terms
of the Act or the Transfer of Property Act will
have to be necessarily followed. Another co
ordinate Bench of this Court in K.MANJUNATH
v. BANGALORE DEVELOPMENT
4
AUTHORITY considering a case where the
Bangalore Development Authority had directed
eviction of trespassers also directs following of
the Karnataka Public Premises (Eviction of
Unauthorised Occupants) Act, 1974. The
coordinate Bench following judgments of the
Apex Court and the Division Bench of this Court
has held as follows:
“…. …. ….
4. Learned Senior Advocate Sri. K. N.
Phanindra, appearing for the counsel on record
for the petitioner submits that the petitioner
has been in the settled occupation of the site
on which he has built the structure; his
ownership and possession are vouched by the
registered sale deed of 2006 followed by Katha
Certificate, uttara pathra and tax paid receipts;
it has long been the settled position of law that
in a State which is governed by the Rule of Law
a statutory authority like the BDA cannot
4
W.P.No.25075 of 2016 decided on 30-01-2019
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dispossess even a trespasser in settled
occupation; the impugned notice coupled with
the stand of the BDA in the Statement of
Objections make out a prima-facie case of
unauthorized interference warranting
indulgence of writ Court to protect the poor
citizen. He banks upon the Apex Court decision
in the case of MEGHMALA AND OTHERS VS.,
G. NARASIMHA REDDY AND OTHERS
REPORTED IN (2010) 8 SCC 383.
5. The learned Senior Panel Counsel for
the respondent-BDA opposes the petition
prayers stating that the entire property in
which the suit site is situate was acquired by it
in the land acquisition that culminated into a
final award dated 12.12.1977; the BDA being
the absolute owner of the said site, the version
of the petitioner that he is the title holder to
the same is apparently inadmissible inasmuch
as the conveyance under which he claims to
have acquired the property is of 2006 and thus
the vendor had no title and therefore it is a
case of nemo dat quod non habet; that being
so the petitioner is liable to be non suited.
6. I have heard the learned Senior Advocate
for the petitioner and the learned Senior Panel
Counsel for respondent-BDA. I have perused
the petition papers and the Statement of
Objections. I have read relevant paragraphs of
the ruling of the Apex Court in Megamala’ case
(supra).
7. The petitioner has produced a registered
sale deed dated 22.02.2006 at Annexure-B,
Uttara Patra dated 17.03.2006 issued by the
BBMP at Annexure-B1 and Khatha Certificate
dated 03.12.2012 at Annexure-C which
specifically mention his name as being the
owner of the property in question. Annexure-E
and E1 are the original photographs which
prima-facie show that a small shed does exist
in the said site. Petitioner has also produced
the title deeds of his predecessors in interest.
All these prima-facie establish at least one fact
that the petitioner gained entry to the property
in question years ago; he has put up a small
structure and that he has been in a settled
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occupation thereof with some semblance of
rights.
8. The text and context of the impugned
notice coupled with the stand of the
respondent-BDA in its pleadings prima-
facie justify the formation of a considered
opinion that there is a potential threat of
dispossession of the petitioner from the
property in question by the respondent-
BDA and its officials, which appears to be
the lawful owner of the same having
acquired it decades ago. Be that as it may,
settled legal position is that even a
trespasser in the settled possession of the
property cannot be thrown out by the
State or its instrumentalities except by a
course of action in accordance with law.
The removal of such trespassers by extra
judicial methods strikes at the law, reason
and justice.
9. The Division Bench of this Court in the
case of M/S. PATIL EXHIBITORS (PVT)
LTD. VS. THE CORPORATION OF THE CITY
OF BANGALORE reported in ILR 1985 KAR
3700 has observed as under:
“10. The second aspect is this. It is part of
the concept of “Rule of Law” that no claim
to a right to dispossess by the use of force
without recourse to procedure in
accordance with law is recognized or
countenanced by Courts. Such a right in
the Respondent cannot be recognized
regardless of the question whether or not
the appellant itself has any subsisting
right to remain in possession. the
protection that the Court affords is not of
the possession – which in the
circumstances is litigious possession and
cannot be equated with lawful possession
– but a protection against forcible
dispossession. The basis of relief is a
corollary of the principle that even with
the best of title there can be no forcible
dispossession.”
10. The Apex Court in the aforesaid
Meghmala’s case, at paragraph Nos.46 to
48 has observed as under:
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“46. Even a trespasser cannot be evicted
forcibly. Thus a person in illegal
occupation of the land has to be evicted
following the procedure prescribed under
the law. Xxxxxxxx
47. In Nagar Palika, Jind v. Jagat Singh
this Court observed that Section 6 of the
Specific Relief Act, 1963 is based on the
principle that even a trespasser is entitled
to protect his possession except against
the true owner and purports to protect a
person in possession from being
dispossessed except in due process of
law.
48. Even the State Authorities cannot
dispossess a person by an executive
order. The authorities cannot become the
law unto themselves. It would be in
violation of the rule of law. The
Government can resume possession only
in a manner known to or recognized by
law and not otherwise. xxxxxxxx”
(only such portion of the paragraphs as
are relevant to the fact matrix of the case
are quoted, others being left out)
11. In the above circumstances, this writ
petition succeeds in part; a writ of
mandamus issues restraining the
respondent-BDA and its officials from
forcibly dispossessing the petitioner
except in accordance with law.
12. This judgment shall not come in the
way of the respondent-BDA taking of
appropriate proceedings under the
provisions of the Karnataka Public
Premises (Eviction of Unauthorized
Occupants) Act, 1974 or such other course
before appropriate forum, in accordance
with law.”
(Emphasis supplied)
In the light of the issue standing answered by
the aforesaid judgments, the petition deserves
to succeed as the circular issued by the 1st
respondent dated 19-07 2019 also makes
reference to the successful auction bidders to
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be lessees. Therefore, the thin line between
licensee and the lessee is so bleak that in the
peculiar facts of the case and more so, in the
light of the law laid down by the co-ordinate
Benches of this Court.
10. Insofar as judgments sought to be relied
on by the learned counsel appearing for the
respondents that the licensees and lessees
stand on a different footing and, therefore, the
petitioners in terms of agreements were all
licensees and protection under the Act or the
Transfer of Property Act would not become
applicable, those judgments in the first blush
would merit acceptance, as the petitioners are
undoubtedly licensees who entered shop
premises on licence being granted to hold the
shops for a fixed tenure. But, in view of the
judgment rendered by the co-ordinate Benches
of this Court (supra), those judgments would
be inapplicable to the facts of the case.
Therefore, the petition deserves to succeed and
the petitioners are entitled for a declaration
that they cannot be evicted except by following
the procedure under the Act. It is open to the
respondents/Palike to initiate such action and
then proceed with the tender qua the shops
that the petitioners are holding.
4. In the light of the judgment rendered by
this Court following the Co-ordinate Bench decisions
quoted in the course of the order supra, I deem it
appropriate to dispose these petitions by granting the
very same relief.
5. For the aforesaid reasons, the following:
O R D E R
(i) The writ petitions are allowed in part.
(ii) Tender notifications dated 21.12.2023
and the auction notification later issued
dated 06.12.2023 stands quashed.
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(iii) A direction is issued to the Town
Municipal Council, Beluru to follow the
procedure under the Public Premises
(Eviction of Unauthorised Occupants)
Act, 1971 and then call for tender, after
the petitioners are evicted by following
the procedure under the Act.
All contentions shall remain open.”
9. In the case on hand, no exercise as
contemplated under the PP Act has been resorted. On the
other hand, public Auction Notification has been issued by
way of paper publication, proposing to auction the
premises wherein the petitioners are licensees at the
earlier point of time and now continued, proposing to hold
auction on 29.10.2026 and 30.10.2026 respectively.
10. In view of the law laid down by the Coordinate
Bench of this Court, the action contemplated is against the
norms of law. In that view of the matter, in the light of the
Judgments supra, this Court deems it appropriate to
dispose of the Writ Petition by granting the same relief, as
granted in the Judgments supra.
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11. For the aforesaid reasons, this Court proceeds
to pass the following:
ORDER
(i) The Writ Petitions are allowed in part .
(ii) The Auction Notification dated 06.10.2026
bearing No. PÀæ.¸ÀA.:¥ÀĸÀ-C:PÀAzÁAiÀÄ 2026-27, so
far as the petitioners’ shops are concerned
stand quashed.
(iii) Liberty is reserved to the Town Municipal
Council, Athani to follow the procedure
under the PP Act, 1971 and thereafter to
take appropriate action to auction the
shops in terms of the Karnataka
Municipalities Act, 1964, in accordance
with law, after evicting the petitioners in
due process of law.
(iv) The petitioners are directed to pay up to
date rents and if there is any arrears, the
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same shall be made good, within two
weeks from today. Failing which, the order
passed today in favor of the concerned
petitioners automatically stands recalled.
Sd/-
(T.M.NADAF)
JUDGE
TKN
CT: UMD
List No.: 1 Sl No.: 6