Shop occupants challenged village panchayat auction proceedings and notices. Counsel stated the auction was postponed, nothing survived, and sought withdrawal with liberty to challenge any future auction notification.
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.
NC: 2024:KHC:37441 WP No. 24627 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 24627 OF 2024 (LB-RES)
BETWEEN:
Digitally signed by R DEEPA Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:37441 WP No. 24627 of 2024
AGED ABOUT 47 YEARS SHOP NO 6
NC: 2024:KHC:37441 WP No. 24627 of 2024
AGED ABOUT 60 YEARS SHOP NO 15
S/O SRINIVASAPPA AGED ABOUT 50 YEARS
SHOP NO 20
ALL THE PETITIONERS ARE RESIDENTS OF BUDIGERE VILLAGE, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT 562129
…PETITIONERS
(BY SRI. BRIJESH PATIL, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. H.K. KENCHEGOWDA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED GENERAL BODY PROCEEDINGS DTD 12.08.2024 AT SUBJECT NO. 8 OF THE VILLAGE PANCHAYATH, BUDIGERE VILLAGE AND QUASH THE IMPUGNED NOTICES DTD 10.07.2024, 22.07.2024 AND 01.08.2024 PRODUCED AT ANNEXURE-A, A1 AND A2 TO THE PETITION; QUASH THE IMPUGNED INTIMATION NOTICE DTD 29.08.2024 FIXING THE DATE OF AUCTION AS 9.9.2024 AND PRODUCED AS ANNEXURE-E TO THE PETITION; AND DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DTD 22.07.2024 AND 23.7.2024 PRODUCED AT ANNEXURE-C AND D TO THE PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC:37441 WP No. 24627 of 2024
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL ORDER
Learned counsel for the petitioners submits that the petitioners have challenged the auction notification and the auction is postponed. In view of the same, nothing survives for consideration in this writ petition and seeks leave of the Court to withdraw the writ petition with a liberty to challenge auction notification if issued by the respondents.
2. The submission is placed on record.
Accordingly, the writ petition is dismissed as withdrawn
with liberty aforesaid liberty.
Sd/(ASHOK S.KINAGI) JUDGE
SSB
Suresh S/o Muniyappa and 19 others
State of Karnataka, Department of Rural Development and Panchayathraj
Chief Executive Officer, Devanahalli Zilla Panchayath
Office of the Taluk Panchayath, Devanahalli
Secretary Grade-1, Village Panchayath Budigere
Ashok S. Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
