Mr. K N Lakshmi Janardhan Vs Commissioner

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NC: 2026:KHC:15607 WP No. 8671 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 8671 OF 2026 (LB-RES)

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BETWEEN:

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MR. K.N.LAKSHMI JANARDHAN S/O LATE K.NARAYANA IYENGAR AGED ABOUT 52 YEARS REP. BY M/S. SRINIVAS BAKERY PROPRIETOR, SHOP NO.12 OLD NO.57/89, AT COMMERCIAL COMPLEX MAHADEVI ROAD, CHALLAKERE CHITRADURGA DISTRICT-577 522.

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Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA

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MR. K. MADHUSUDHAN S/O K.ASWATHANARAYANA AGED ABOUT 49 YEARS REP. BY M/S. M.K.R.M AGRO OILS PROPRIETOR, SHOP NO.57 OLD NO.24/56, AT COMMERCIAL COMPLEX, MAHADEVI ROAD, CHALLAKERE CHITRADURGA DISTRICT-577 522.

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MR. A.ANAND @ A.ANAND SETTY S/O SURAIAHA SETTY ARVETI AGED ABOUT 56 YEARS REP. BY M/S. ASHOK STORE PROPRIETOR SHOP NO.36 AND SHOP NO.7 (OLD NO.62/93) AT COMMERCIAL COMPLEX,

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NC: 2026:KHC:15607 WP No. 8671 of 2026

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HC-KAR

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BANGALORE ROAD, CHALLAKERE CHITRADURGA DISTRICT-577 522.

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MR. NANDKUMAR C. S/O VENKATARAMMAYYA SHETTY AGED ABOUT 60 YEARS REP. BY M/S. SRINIVAS TRADING CO. PROPRIETOR, SHOP NO.52 OLD SHOP NO.29/61 AT COMMERCIAL COMPLEX, MAHADEVI ROAD, CHALLAKERE CHITRADURGA DISTRICT-577 522.

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MR. RAJESH JAIN S/O THILOK CHAND JAIN AGED ABOUT 52 YEARS REP. BY M/S. HIMALAYA TEXTILE PROPRIETOR, SHOP NO.13 OLD SHOP NO.56/88 AT COMMERCIAL COMPLEX BANGALORE ROAD, CHALLAKERE CHITRADURGA DISTRICT-577 522.

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MR. H.M.MALLAPPA NAYAKA S/O LATE MUTTHANAYAKA H.S. AGE ABOUT 74 YEARS REP. BY M/S. SHRI. PANCHMUCHI TRADERS PROPRIETOR SHOP NO.53, OLD SHOP NO.28/60 AT COMMERCIAL COMPLEX, MAHADEVI ROAD, CHALLAKERE CHITRADURGA DISTRICT-577 522.

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MR. ADISHESHAPP SHETTY S/O ADITY SURAIH SHETTY

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NC: 2026:KHC:15607 WP No. 8671 of 2026

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HC-KAR

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AGED ABOUT 59 YEARS REP. BY M/S. SHRI ABHILASH STORE PROPRIETOR, SHOP NO.34 AND SHOP NO.5 (OLD SHOP NO.64/95) AT COMMERCIAL COMPLEX BANGALORE ROAD, CHALLAKERE CHITRADURGA DISTRICT-577 522.

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MR. C.RAVINDRACHAR @ RAVI S/O B.CHANDRASHEKHARCHAR AGE ABOUT 65 YEARS REP.BY M/S. SHRI SHIVASHAKTHI FOOD INDUSTRIES, PROPRIETOR SHOP NO.62, OLD SHOP NO.19/51. AT COMMERCIAL COMPLEX MAHADEVI ROAD, CHALLAKERE CHITRADURGA DISTRICT-577 522.

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MR. SURESH @ SURESH C. S/O LATE C.ANAND AGE ABOUT 47 YEARS REP BY M/S. SURESH STORES AND ZEROX PROPRIETOR, SHOP NO. 28, OLD SHOP NO.40/72 AT COMMERCIAL COMPLEX BANGALORE ROAD, CHALLAKERE CHITRADURGA DISTRICT-577 522.

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MR. H.M.CHANDRASHEKAR S/O LATE MURIGENDARIAH AGE ABOUT 58 YEARS REP BY M/S. SWATI ZEROX PROPRIETOR

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SHOP NO.27, OLD SHOP NO.41/73

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NC: 2026:KHC:15607 WP No. 8671 of 2026

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HC-KAR

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AT COMMERCIAL COMPLEX BANGALORE ROAD, CHALLAKERE CHITRADURGA DISTRICT-577 522.

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MR. R.O.MANJUNATHA S/O R.OBANNA AGED ABOUT 41 YEARS REP. BY M/S. THIRUMAL FURNITURES PROPRIETOR

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SHOP NO.24, OLD SHOP NO.44/76 AT COMMERCIAL COMPLEX BANGALORE ROAD, CHALLAKERE CHITRADURGA DISTRICT-577 522.

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MR. A.M. RAGHAVENDRA

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S/O LATE MOHAN GUPTA A. AGED ABOUT 50 YEARS REP. BY M/S. MOHAN & CO. PROPRIETOR

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SHOP NO.54, OLD SHOP NO.27/59 AT COMMERCIAL COMPLEX MAHADEVI ROAD, CHALLAKERE CHITRADURGA DISTRICT-577 522.

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MR. M.G.RAMAMURTHY S/O GOVINDPPA AGE ABOUT 68 YEARS REP. BY M/S. VARUN TRADERS PROPRIETOR SHOP NO.71, OLD SHOP NO.39/71 AT COMMERCIAL COMPLEX MAHADEVI ROAD, CHALLAKERE CHITRADURGA DISTRICT-577 522.

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HC-KAR

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MR.K.JAGANNATHAM @ K.JAGANNATH S/O K.BHEEMAIAH

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AGED ABOUT 75 YEARS REP. BY M/S. GURU TRADERS PROPRIETOR

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SHOP NO.58, OLD SHOP NO.23/55 AT COMMERCIAL COMPLEX MAHADEVI ROAD, CHALLAKERE CHITRADURGA DISTRICT-577 522.

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&PETITIONERS

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(BY SRI. NAVEED AHMED, ADVOCATE)

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AND:

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COMMISSIONER CITY MUNICIPAL COUNCIL, CHALLAKERE CHITRADURGA DISTRICT-577 522.

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CITY MUNICIPAL COUNCIL CHALLAKERE

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CHITRADURGA DISTRICT-577 522.

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REP. BY ITS CHIEF OFFICER.

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&RESPONDENTS

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(NOTICE TO RESPONDENTS DISPENSED WITH VIDE COURT ORDER DATED 17.03.2026)

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THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN NATURE OF CERTIORARI QUASHING THE IMPUGNED NOTICES DATED 24.02.2026, 25.02.2026 AND 02.03.2026 ISSUED BY THE RESPONDENT N O.2 AT ANNEXURES-A1 TO A14 BEARING NUMBERS AS FOLLOWS:

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NC: 2026:KHC:15607 WP No. 8671 of 2026

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HC-KAR

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i. BEARING 24.2.26,	No.Na.Cha/Km.Sha/C.R01/2025-26,	DATED
ii. BEARING 02.03.26,	No.Na.Cha/Km.Sha/C.R01/2025-26,	DATED
iii. TWO	NOTICES BEARING	SAME
Nos.Na.Cha/Km. 25.02.2026,	Sha/C.R01/2025-26, DATED 24.2.2	6 AND
iv. BEARING 25.02.26,	No.Na.Cha/Km.Sha/C.R01/2025-26,	DATED
v. BEARING 24.02.26,	No.Na.Cha/Km.Sha/C.R01/2025-26,	DATED
vi. BEARING 02.03.26,	No.Na.Cha/Km.Sha/C.R01/2025-26,	DATED
vii. TWO NOTIC 26, DATED 24.0	ES BEARING Nos.Na.Cha/Km.Sha/C.R0 2.26 AND 25.02.2026,	1/2025-
viii. BEARING 25.02.26,	No.Na.Cha/Km.Sha/C.R01/2025-26,	DATED
ix. BEARING 24.02.26,	No.Na.Cha/Km.Sha/C.R01/2025-26,	DATED
x. BEARING 24.02.26,	no.Na.Cha/Km.Sha/C.R01/2025-26,	DATED
xi. BEARING 24.02.26,	No.Na.Cha/Km.Sha/C.R01/2025-26,	DATED
xii. BEARING 25.02.26,	No.Na.Cha/Km.Sha/C.R01/2025-26,	DATED
xiii. BEARING 02.03.26,	No.Na.Cha/Km.Sha/C.R01/2025-26,	DATED
xiv. BEARING 02.03.26 AND E	No.Na.Cha/Km.Sha/C.R01/2025-26, TC.	DATED

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THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2026:KHC:15607 WP No. 8671 of 2026

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE M.I.ARUN

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ORAL ORDER

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Petitioners have been granted licenses/lease in respect of shops which are the subject matter of the writ petition. The said shops are situated within the jurisdiction of Challakere City Municipal Council.

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Admittedly, the term of the licenses/lease has expired and the petitioners are overstaying in the property. Further, it is the expert opinion that the building has become too old and is in a dilapidated condition and it is not fit for human habitation. On the said ground, petitioners have been ordered to be evicted from the property concerned. Aggrieved by the same, the present writ petition is filed.

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The case of the petitioners is that, they have been paying license fee/rents to the properties regularly without any default. It is also their case that the building is fit for human habitation and a wrong reasoning is mentioned in the impugned orders only with a view of evicting the petitioners.

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NC: 2026:KHC:15607 WP No. 8671 of 2026

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HC-KAR

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Admittedly, the properties do not belong to the

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petitioners. It is owned by the respondents, who are nothing but State. Under the circumstances, the duty is cast upon the respondents to get the maximum license fee/rentals from the properties by auctioning the same to the highest bidder in accordance with law. In case of petitioners, the properties were allotted to them long back and the amount being paid by them is definitely much on the lower side compared to the present license fees/rentals for the same properties. Once the term of license/lease period is completed, the petitioners do not have any vested right to cling on to the property.

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In respect of whether the property is fit for human habitation or not, this Court cannot substitute its wisdom with the wisdom of the technical persons who are competent to give an opinion in respect to the same. Admittedly, the respondents have obtained an opinion from technically competent persons who have opined that the properties are not fit for human habitation. Under the circumstances, it is not appropriate for this Court to interfere with the said finding.

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