Dismissed¶54

Sri C N Phani Kumar v. the State of Karnataka

Karnataka HC25 Mar 2026WP/9622/2026

Case brief

AI extract

What is this about?

Challakere Municipality; shop licence expiry; eviction of shop occupants; no right, title or interest; auction of municipal shops to highest bidder; maximum licence fee; Articles 226 and 227 Constitution of India; WP No. 9622 of 2026 (LB-RES); High Court of Karnataka; M.I. Arun J; decided 25.03.2026; writ petition dismissed; impugned orders NA.CHA/KAM.SHA/C.R/NO.01/202526 and NA.CHA/KAM.SHA/C.R/NO.01/2025-26 dated 24.02.2026.

What did the court decide?

An obligation is cast on respondent No.3 to auction the said shops to the highest bidder and collect maximum licence fee. ¶45

Sri C N Phani Kumar Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:17096 WP No. 9622 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^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.9622 OF 2026 (LB-RES)

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BETWEEN:

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SRI C N PHANI KUMAR AGED ABOUT 53 YEARS, S/O. ADINAGARAJA SETTY, PROPRIETOR, KALPATARU GENERAL STORE, SHOP NO.22 (OLD NO.47/79), BENGALURU ROAD, CHALLAKERE TOWN, CHALLAKERE, CHITRADURGA DISTRICT-577 522.

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

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SRI. N.V. MAHESH, AGED ABOUT 50 YEARS, S/O. N. VENKATESH, NEW MAYURA BANGLE STORE, SHOP NO.18 (OLD NO.51/83), BENGALURU ROAD, CHALLAKERE TOWN, CHALLAKERE, CHITRADURGA DISTRICT-577 522.

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SRI. G.V. CHALLAM AGED ABOUT 67 YEARS, S/O. GIRIAPPA, PROP. SRI. VENKATESHWARA MEDICAL STORES, SHOP NO.4 (OLD NO.65/96), BENGALURU ROAD, CHALLAKERE TOWN, CHALLAKERE, CHITRADURGA DISTRICT-577 522.

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2 - NC: 2026:KHC:17096 WP No. 9622 of 2026

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HC-KAR

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SRI. YOGISH. H.V, AGED ABOUT 71 YEARS, S/O. VENKATACHALA H., PROP. M/S. ASHVINI CONDIMENTS, SHOP NO.2 (OLD NO.67/98), BENGALURU ROAD, CHALLAKERE TOWN, CHALLAKERE, CHITRADURGA DISTRICT - 577 522.

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SRI. HIRACHAND, AGED ABOUT 75 YEARS, S/O. SAREMAL, PROPRIETOR M/S. HIRA TEXTILES, SHOP NO.14 (OLD NO.55/87), BENGALURU ROAD, CHALLAKERE TOWN, CHALLAKERE, CHITRADURGA DISTRICT - 577 522.

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SRI. M.N. GOPINATH AGED ABOUT 75 YEARS, S/O. M. NAGAPPA, PROP. M/S. GOPI STORES, SHOP NO.11 (OLD NO.58/89A), BENGALURU ROAD, CHALLAKERE TOWN, CHALLAKERE, CHITRADURGA DISTRICT-577 522.

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SRI. A. KIRTI PRASAD AGED ABOUT 46 YEARS, S/O. ANANTHAIAH AITHAL, PROP. M/S. VIDYARTHI BOOK DEPOT, SHOP NO.3 (OLD NO.66/97), BENGALURU ROAD, CHALLAKERE TOWN, CHALLAKERE, CHITRADURGA DISTRICT - 577 522.

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SRI. BHASA N.K AGED MAJOR, S/O. LATE KALINGA KRISHNA, M/S. OMKAR ELECTRICALS,

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3 - NC: 2026:KHC:17096 WP No. 9622 of 2026

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HC-KAR

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SHOP NO.43, BENGALURU ROAD, CHALLAKERE TOWN, CHALLAKERE, CHITRADURGA DISTRICT - 577 522.

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SRI. K.B. PRASAD, AGED ABOUT 69 YEARS, S/O. K. PARAMESHWARAPPA, PROPRIETOR M/S. BALAJI TRADING, SHOP NO.39, 1ST FLOOR, BENGALURU ROAD, CHALLAKERE TOWN, CHALLAKERE, CHITRADURGA DISTRICT - 577 522.

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SRI. M.J. RAVINDRA AGED ABOUT 63 YEARS, S/O. JAYARAM, PROPRIETOR NATIONAL STUDIO, SHOP NO.41, 1ST FLOOR, BENGALURU ROAD, CHALLAKERE TOWN, CHALLAKERE, CHITRADURGA DISTRICT - 577 522.

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SRI. S.N. VENKATESH, AGED ABOUT 59 YEARS, S/O. NARAYANA RAO S., PROP. M/S. VENKATESHWARA COFFEE WORKS, SHOP NO.17 (OLD NO.52/84), BENGALURU ROAD, CHALLAKERE TOWN, CHALLAKERE, CHITRADURGA DISTRICT - 577 522.

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SRI. B. CHOWDAPPA AGED ABOUT 64 YEARS, S/O. B. MARIYAPPA, PROP. M/S. VANITHA TEXTILES, SHOP NO.15 (OLD NO.54/86), BENGALURU ROAD, CHALLAKERE TOWN, CHALLAKERE, CHITRADURGA DISTRICT - 577 522.

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4 - NC: 2026:KHC:17096 WP No. 9622 of 2026

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HC-KAR

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SMT. HEMALATHA B.L., AGED ABOUT 43 YEARS, W/O. RAGHAVENDRA, PROP. GEETHA BANGLE STORES, SHOP NO.21 (OLD NO.48/80), BENGALURU ROAD, CHALLAKERE TOWN, CHALLAKERE, CHITRADURGA DISTRICT - 577 522.

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…PETITIONERS

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(BY SRI. K. RAMA BHAT, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP. BY ITS UNDER SECRETARY TO GOVT., TOWN PLANNING DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001.

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THE ASST. EXECUTIVE ENGINEER, PWD DEPARTMENT (SUB-DIVISION), CHALLAKERE - 577 522, CHITRADURGA DISTRICT.

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THE COMMISSIONER, CHALLAKERE MUNICIPALITY, CHALLAKERE TOWN, CHITRADURGA - 577 522.

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…RESPONDENTS

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(BY SRI. BOPANNA B., AGA FOR R.1 & R.2;

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SMT. G.K. BHAVANA, ADVOCATE FOR R.3.)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE/QUASH

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5 - NC: 2026:KHC:17096 WP No. 9622 of 2026

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HC-KAR

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THE IMPUGNED ORDER ISSUED BY THE RESPONDENT NO.3 TO THE PETITIONERS AS: (a) NA.CHA/KAM.SHA/C.R/NO.01/202526 DATED 24.02.2026 AND (b) NA.CHA/KAM. SHA/C.R/NO.01/2025-26 DATED 24.02.2026, ETC.

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

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ORAL ORDER

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Respondent No.3 had granted licence to the petitioners to carry on business in shops at Challakere Town. The period of licence has long expired. The petitioners have no right to occupy the said premises. In fact, an obligation is cast on respondent No.3 to auction the said shops to the highest bidder and collect maximum

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licence fee. The petitioners in the instant writ petition are challenging the action of respondent No.3 to have them vacated from the premises.

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NC: 2026:KHC:17096 WP No. 9622 of 2026

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HC-KAR

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As the petitioners are having no right, title or interest

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over the property concerned, respondent No.3 is at liberty to have them vacated from the premises in the manner known to law and that is what they have sought to do.

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When the petitioners were asked a pointed question as to what is the time required for them to vacate the premises, they are unable to answer the same.

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As the petitioners are not having any right in the

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premises, the writ petition is dismissed.

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Sd/(M.I.ARUN) JUDGE

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hkh.

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List No.: 3 Sl No.: 2

Sri C N Phani Kumar v. the State of Karnataka

Case brief

What is this about?

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Sri C N Phani Kumar v. the State of Karnataka

Case brief

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