Malatesh Murthy Vs the Secretary — Writ and Judicial Review | Karnataka HC (2025)

Malatesh Murthy Vs the Secretary — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of on the same terms as W.P. No. 3103/2020 and the connected orders: liberty to the petitioners to participate in the auction of the leasehold rights of shops Nos. 3 and 5 to 10, and, failing success as bidders, to continue in possession on payment of 5% more than the highest bid, subject to the authority's other terms and conditions.

Issue for consideration

Whether the petitioners' challenge to the auction notification dated 09.06.2025 for the leasehold rights of shops bearing Nos. 3 and 5 to 10 of Town Municipality Birur could be resolved by extending the directions already settled in earlier writ petitions concerning the same subject matter.

Court's answer

As observed in the earlier orders, the petitioners shall be permitted to participate in the auction proceedings in respect of the leasehold property.

Ratio / Principle

If the petitioners do not emerge as successful bidders in the auction, they shall be entitled to continue in possession of the property by paying an amount equivalent to 5% more than the highest bid received in the auction, subject to compliance with other terms and conditions stipulated by the authority concerned.

Key takeaways

The writ petition stands disposed of on the same terms as directed in W.P. No. 3103/2020, with liberty granted to the petitioners to avail the same terms as extended to similarly placed lessees.ratio¶53

Detailed headnote1 paragraphs

Karnataka High Court (Sachin Shankar Magadum, J.), by oral order dated 25 June 2025 in Writ Petition No. 18138 of 2025 (LB-RES), filed under Articles 226 and 227 of the Constitution of India, disposed of a challenge by six shop occupants of the Town Municipality Complex, Birur, Kadur Taluk, to the E-procurement Auction/Public Auction Official Circular dated 09.06.2025 (No. TMC/BE, PU/MALIGE/2025-26, Annexure-Q) issued by the Chief Officer, Town Municipality Birur, notifying auction of the leasehold rights of shops bearing Nos. 3 and 5 to 10. On the submission of learned counsel for respondent No.3 that identical grounds had been considered and settled in W.P. No. 3103/2020 (disposed 17.08.2023) and W.P. No. 8833/2025 (disposed 28.03.2025), the Court, noting that the legal and factual aspects stood already adjudicated in W.P. No. 3103/2020, disposed of the petition on the same terms: the petitioners are permitted to participate in the auction, and if they do not emerge as successful bidders they are entitled to continue in possession by paying 5% more than the highest bid received in the auction, subject to compliance with other terms and conditions stipulated by the authority concerned, with liberty to avail the same terms as extended to similarly placed lessees.

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NC: 2025:KHC:22442 WP No. 18138 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF JUNE, 2025

BEFORE

THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 18138 OF 2025 (LB-RES)

BETWEEN:

MALATESH MURTHY

AGED ABOUT 55 YEARS SON OF B.K. MYLARA RAO

SHOP NO.3, TOWN MUNICIPALITY COMPLEX, (NRY), BENGRE MIDICALS BIRUR, KADUR TALUK, CHIKKAMAGALURU DISTRICT-577116.

Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA

DR. K.K. SHRIRAM AGED ABOUT 79 YEARS SON OF K R KRISHNAMURTHY SHOP NO.5, TOWN MUNICIPALITY COMPLEX, (NRY) VENKATESWARA CLINIC BIRUR, KADUR TALUK CHIKKAJMGALURU DISTRICT 577116.

MR. ABDUL LATHEEF AGED ABOUT 45 YEARS SON OF K. AHAMMED SHOP NO.6, TOWN MUNICIPALITY COMPLEX, (NRY), SHOE GARDEN BIRUR, KADUR TALUK

CHIKKAMAGALURU DISTRICT-577116.

MR. VIMAL KUMAR P. MEHTA AGED ABOUT 55 YEARS SON OF PARASMAL SHOP NO.8, TOWN MUNICIPALITY COMPLEX NRY, POOJA ELECTRONICS

2 - NC: 2025:KHC:22442 WP No. 18138 of 2025

HC-KAR

BIRUR

KADUR TALUK CHIKKAMAGALURU DISTRICT 577116.

SRI. B.K. PRAKASH KUMAR AGED ABOUT 48 YEARS SON OF BAVAR LAL SHOP NO. 9 AND 10 TOWN MUNICIPALITY COMPLEX NRY, MANGAL CLOTH CENTRE BIRUR, KADUR TALUK CHIKKAMGALURU DISTRICT 577116.

SRI. SRINIVASA .H.V AGED ABOUT 54 YEARS SON OF H. VENKATA GIRIYAPPA SHOP NO.7, TOWN MUNICIPALITY COMPEX NRY, BALAJI STATIONARY BIRUR, KADUR TLAUK CHIKKAMAGALURU DISTRICT 577116.

…PETITIONERS

(BY SRI. N. RAGHU BABU, ADVOCATE)

AND:

THE SECRETARY URBAN DEVELOPMENT AUTHORITY GOVERNMENT OF KARNATAKA VIKASA SOUDHA AMBEDKAR VEEDHI BENGALURU 560001.

PLANNING DIRECTOR DISTRICT URBAN DEVELOPMENT CELL CHIKKAMAGALURU DISTRICT-577116.

CHIEF OFFICER TOWN MUNICIPALITY BIRUR (TMC) KADUR TALUK

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NC: 2025:KHC:22442 WP No. 18138 of 2025

HC-KAR

CHIKKAMAGALURU DISTRICT - 577116.

…RESPONDENTS

(BY SRI. H.K. KENCHEGOWDA, AGA FOR R1 AND R2; SRI. S. MAHESH, ADVOCATE FOR C/R3)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE AUCTION NOTIFICATION DATED 9.06.2025 IN NUMBER TMC/BE, PU/MALIGE/2025-26 AT ANNEXURE-Q ISSUED BY THE R-3 (CHIEF OFFICER TOWN MUNICIPALTY BIRUR).

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

The petitioners have sought to challenge the E-procurement Auction/Public Auction Official Circular issued by the third respondent dated 09.06.2025 which was notified with respect to auction of the leasehold rights of the shops bearing Nos.3 and 5 to 10 mentioned at Annexure-Q.

4 - NC: 2025:KHC:22442 WP No. 18138 of 2025

HC-KAR

During the course of hearing, learned counsel appearing for the third respondent, Sri Mahesh, invited the attention of this Court to the orders passed in W.P. No. 3103/2020 and W.P. No. 8833/2025, which were disposed of on 17.08.2023 and 28.03.2025, respectively. It is submitted that the issues raised by the present petitioners are squarely covered by the findings and directions issued in the aforementioned writ petitions.

Learned counsel for respondent No.3 would

further contend that the grounds urged by the petitioners herein were also raised and considered in the said writ petitions, and the legal position having been settled therein, the present petition may be disposed of on similar terms. It is emphasized that the directions issued therein are of general application to similarly placed leasehold tenants, and therefore, the benefit of the same may be extended to the petitioners as well.

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NC: 2025:KHC:22442 WP No. 18138 of 2025

HC-KAR

In view of the submissions made and taking

into consideration the fact that the legal and factual aspects urged in this writ petition have already been adjudicated in W.P. No. 3103/2020, this Court finds it appropriate to dispose of the present writ petition on the same terms as directed therein.

As observed in the said orders, the petitioners shall be permitted to participate in the auction proceedings in respect of the leasehold property. However, in the event

the petitioners do not emerge as successful bidders in the auction, they shall be entitled to continue in possession of the property by paying an amount equivalent to 5% more than the highest bid received in the auction, subject to compliance with other terms and conditions stipulated by the authority concerned.

In the light of the above discussion, and having regard to the directions issued in W.P. No. 3103/2020, the present writ petition stands disposed of accordingly,

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NC: 2025:KHC:22442 WP No. 18138 of 2025

HC-KAR

granting liberty to the petitioners to avail the same terms

as extended to similarly placed lessees, as per the

aforesaid orders.

Sd/(SACHIN SHANKAR MAGADUM) JUDGE

ALB

List No.: 1 Sl No.: 28