Petitioners who won a shop auction via M.C. resolution faced a Deputy Commissioner's order quashing the sale for procedural violation. The Court upheld the quashing communication as the auction violated a specific circular.
Directing the respondent no.4 to refund the earnest money deposit and EMD/Security deposit if not already refunded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2022
BEFORE
THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO.406 OF 2022 (LB-RES)
C/W
WRIT PETITION NO.21479 OF 2021 (LB-RES) WRIT PETITION NO.774 OF 2022 (LB-RES)
IN WRIT PETITION NO.406 OF 2022 (LB-RES)
BETWEEN:
SRI DARSHAN NAYAK G S S/O GANJAM SHIVA AGED ABOUT 25 YEARS R/O SURYA NILAYA NIMISHAMBA TEMPLE ROAD SRIRANGAPATNA MANDYA DISTRICT - 571438
... PETITIONER
(BY SRI.RAMESH K.R, ADVOCATE)
AND:
BENGALURU - 560001
2
... RESPONDENTS
(BY SRI.NITHYANANDA.K.R-AGA FOR R1 TO R3 SRI. H.C.SHIVARAMU, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER/COMMUNICATION DTD 29.10.2021 ISSUED BY THE R-2 TO THE R-4 IN THE FORM OF LETTER VIDE ANNX-D, THE PETITIONER PREFERRING THIS W.P. INSOFAR AS IT RELATES TO DIRECTING THE R-4 TO CONDUCT RETENDER WITH RESPECT TO THE SHOP PREMISES BEARING NO.12 SITUATED IN THE COMMERCIAL COMPLEX CONSTRUCTED UNDER 10TH FINANCE SCHEME, NEAR PRIVATE BUS STAND, SRIRANGAPATNA BELONG TO THE R-4.AND ETC.
IN WRIT PETITION NO.21479 OF 2021 (LB-RES)
BETWEEN:
SRI RAVI H N S/O LATE NARASIMHAIAH AGED ABOUT 40 YEARS, RESIDENT OF HEBBUR TUMKUR TALUK, TUMKUR DISTRICT-572 120.
... PETITIONER
(BY SRI. RAMESH K.R, ADVOCATE)
AND:
3
BENGALURU-560 001.
MANDYA DISTRICT-571438
... RESPONDENTS
(BY SRI. NITHYANANDA K.R-AGA FOR R1 TO R3 SRI. H.C.SHIVARAMU, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED THE ORDER / COMMUNICATION DATED 29.10.2021 ISSUED BY THE R2 TO THE R4 IN THE FORM OF LETTER AT ANNEXURE-D, THE PETITIONER PREFERRING THIS WRIT PETITION INSOFAR AS IT RELATES TO DIRECTING THE R4 TO CONDUCT RETENDER WITH RESPECT TO THE SHOP PREMISES BEARING NO.20 SITUATED IN THE COMMERCIAL COMPLEX CONSTRUCTED UNDER 10TH FINANCE SCHEME, NEAR PRIVATE BUS STAND, SRIRANGAPATNA BELONG TO THE R4 AND ETC.
IN WRIT PETITION NO.774 OF 2022 (LB-RES)
BETWEEN:
SUMITRA PATIL D/O DEVENDRA GOWDA PATIL
4
AGED ABOUT 41 YEARS, R/O GIRIDHARSHINI NAGAR HALANAHALLI LAYOUT MYSURU DISTRICT MYSURU -570026
... PETITIONER
(BY SRI.RAMESH K.R, ADVOCATE)
AND:
... RESPONDENTS
(BY SRI. NITHYANANDA K.R-AGA FOR R1 TO R3 SRI. H.C.SHIVARAMU, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED THE ORDER/COMMUNICATION DTD 29.10.2021 ISSUED BY THE R-2 TO THE R-4 IN THE FORM OF LETTER BEARING NO. MUN(2) 138/17-18 VIDE ANNX-D, THE PETITIONER PREFERRING THIS WRIT PETITION INSOFAR AS IT RELATES TO DIRECTING THE R-4 TO CONDUCT RETENDER WITH RESPECT TO THE SHOP
5
PREMISES BEARING NO.7 SITUATED IN THE COMMERCIAL COMPLEX CONSTRUCTED UNDER 10TH FINANCE SCHEME, NEAR PRIVATE BUS STAND, SRIRANGAPATNA BELONG TO THE R-4 AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
The petitioners are successful bidders in pursuance of auction notice dated 20.03.2021 issued by the respondent No.4 for allotment of shops on lease basis for a period of 12 years.
6
Sd/JUDGE
BH
2 issues framed by the court
Whether the communication directing re-auction of shops due to procedural violation was sustainable despite petitioners being higher bidders.
Whether the impugned communication could be interfered with nor upholding the Deputy Commissioner's directive.
Sri Darshan Nayak G S S/o Ganjam Shiva
Ravi H N S/o Late Narasimhaiah
Sumitra Patil D/o Devendra Gowda Patil
The State of Karnataka
The Assistant Director District Urban Development Cell
The Chief Officer Town Municipal Council Srirangapatna
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
