- 1 - NC: 2025:KHC:7165 WP No. 839 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 839 OF 2024 (LB-BMP) BETWEEN: 1. KANTHARAJ K S/O R KAVERAPPA, AGED ABOUT 38 YEARS, PROPRIETOR RENUKADEVI BAR AND RESTAURANT, NO. 61, 1ST MAIN ROAD, VENKATAPURA, KORAMANGALA 1ST BLOCK, BENGALURU-560034. …PETITIONER (BY SRI. G.K.BHAT., SENIOR COUNSEL FOR SMT. SUDHA.D., ADVOCATE) AND: 1. THE BRUHAT BENGALURU MAHANAGARA PALIKE ESTABLISHED UNDER THE BRUHAT BENGALURU MAHANAGARA PALIKE ACT, BY ITS CHIEF COMMISSIONER, N.R SQUARE, BENGALURU-560002. 2. THE MEDICAL OFFICER OF HEALTH BTM ZONE, 1ST FLOOR, B.B.M.P BUILDING, 12TH CROSS, 2ND MAIN ROAD, N.S PALYA, BTM 2ND STAGE, BENGALURU-560076. 3. L. H. RAJENDRA PRASAD S/O LATE V. HOSALAPPANAVAR, AGED ABOUT 55 YEARS, R/AT NO.24, SINIVAGILU, ST BED, KORAMANAGALA 4TH BLOCK, VIVEK NAGAR POST, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7165 WP No. 839 of 2024 BENGALURU -560351 …RESPONDENTS (BY SRI. B.S.SATYANAND., ADVOCATE FOR R-1 & R-2; SRI. B.S.ARAVINDA BABU., ADVOCATE FOR R-3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DATED 03/01/2024 IN NO. MOH/BTM/PR/14/2023-24 AS PER ANNEXURE-L ISSUED BY R2, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. This petition is filed seeking for quashing of Annexure – L, which was a notice issued under Section 275 of the BBMP Act, 2020 directing the closure of commercial activities by the petitioner. 2. Learned counsel appearing for the BBMP submits that, the notice issued to the petitioner may not be appropriate, since the provision of law cited in the notice is incorrect. He therefore seeks permission to withdraw the notice and reserves liberty to issue a notice in accordance with law. - 3 - NC: 2025:KHC:7165 WP No. 839 of 2024 3. Liberty sought for is granted and the impugned notice being withdrawn, the prayer in the writ petition would not survive for consideration. 4. The BBMP shall take into consideration the fact that the excise department has granted a license to the petitioner and also the contention of the petitioner that, in the same street there are other establishments who also possess excise license and they have been issued with the trade license shall also take into consideration the fact that the petitioner was a recipient of a trade license for more than a decade and then pass appropriate orders. 5. This petition is accordingly disposed of. 6. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR,List No.: 1 Sl No.: 28