- 1 - NC: 2025:KHC:17302 WP No. 668 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 668 OF 2025 (LB-BMP) BETWEEN: BION ANALYTX PVT. LTD., NO. 10/1 A, 2ND BLOCK, TYAGARAJANAGAR, NEAR KEB QUARTERS BENGALURU - 560 028, REGISTERED AS PRIVATE COMPANY UNDER THE COMPANYS ACT REPRESENTED BY ITS MANAGING DIRECTOR MR. RAJEEV NARAYANAN NAIR, S/O K. NARAYANAN NAIR, AGED ABOUT 50 YEARS. …PETITIONER (BY SRI. MOHAN K.N, ADVOCATE) AND: 1. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BENGALURU - 56000. 2. THE ASSISTANT EXECUTIVE ENGINEER, BRUHATH BENGALURU MAHANAGARA PALIKE, WARD NO. 51, DODDAGANAPATHI SUB-DIVISION, 1ST FLOOR, BBMP BUILDING, SUBBARAMACHETTY ROAD, N.R. COLONY, BENGALURU - 560 004. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17302 WP No. 668 of 2025 3. THE HEALTH OFFICER BRUHATH BENGALURU MAHANAGARA PALIKE, BASAVANAGUDI ZONE, GROUND FLOOR, D.G. LIBRARY BUILDING NO.31, 1ST MAIN ROAD, NEAR SRIKANTESHWARA PARK, B.S.K. 3RD STAGE, BENGALURU - 560 085. 4. SMT. SATHYAVATHI A D/O LATE H.R. APPAJI RAO, AGED ABOUT 52 YEARS, R/AT NO.10, 1ST MAIN, 2ND BLOCK, NEAR KEB QUARTERS, THYAGARAJANAGAR, BANGALORE - 70. …RESPONDENTS (BY SRI. SUMANA BALIGA M., ADVOCATE FOR R1 TO R3; SRI. NAMAN VANKDARI M, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INIDA PRAYING TO-QUASH THE NOTICE DATED 10.01.2025 BEARING NO. AA.VY(BAGU)/PR279/2024-25 ISSUED BY THE R-3 AT ANNX-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV - 3 - NC: 2025:KHC:17302 WP No. 668 of 2025 ORAL ORDER The petitioner has called in question the validity of the notice at Annexure - A dated 10.01.2025. 2. It is the case of the petitioner that though Annexure - A is in the nature of a notice, it is in effect an order insofar as there is a direction in Annexure - A for immediate cessation of their activity and to shift within a period of 24 hours, failing which necessary action would be taken of sealing the premises. 3. Learned counsel for the respondent - BBMP submits that the notice at an Annexure - A may be treated to be a show cause notice and necessary reply in addition to replies already made may be made by the petitioner and respondent - BBMP would hear the petitioner and take appropriate action as is permissible in law. 4. Learned counsel for the respondent No.4 submits that the activity of the petitioner is causing nuisance - 4 - NC: 2025:KHC:17302 WP No. 668 of 2025 including traffic congestion and BBMP has rightly taken action. 5. Perused the notice at Annexure - A. Second part of the notice at Annexure - A is in effect and order calling upon the petitioner to cease the present activity and vacate within 24 hours failing which premises would be sealed. 6. It would be appropriate that the first part of Annexure - A would be treated as a show cause notice. The portion of the notice at Annexure - A for the purpose of reference is extracted below: "ೕಲಂಡ ಷಯ ಮತು ಉೇಖೆ ಸಂಬಂದಂೆ, ಆೋಗ ೈ"ಾಾ$ (ಬಸವನಗು') ವಲಯದ ಾ() ನಂ.154ರ+ "ಬ,ೕ -ೆ./ 0ೆ1 +23ೆ(" ಕಂಪ6 ಎಂಬ ಉ89ಯನು: 1-ೇ ಎ ೖ;, 2-ೇ <ಾ., ಾಗಾಜನಗರ, <ೆಂಗಳ?ರು ಈ Aಾಸದ+ ಅನಕೃತ ಾD ವಸE ಪF"ೇಶದ+ ನHೆಸುEರುವI"ಾD Jಾಗೂ ತಮK ಉ89Lೆ ಬರುವ LಾFಹಕರು ಾಹನಗಳನು: ತಮK ಉ89ಯ ಅಕಪಕದ ರNೆಯ+ JೇLೆಂದೆ JಾLೆ 0ಾOಂ)P QಾಡುEರುವIದ$ಂದ ಸುತಮುತ+ನ ರNೆಗಳ+ ಸಂRಾರ ದಟ/Tೆ ಉಂ3ಾಗುEದು9, ಇದ$ಂದ Nಾವ)ಜ6ಕ$Lೆ ೊಂದೆ ಉಂ3ಾಗುEರುವ ಬLೆV ಪಕದ 6 ಾ ದೂರು ಸ+ರುಾೆ ಮತು ಉೇಖ - 5 - NC: 2025:KHC:17302 WP No. 668 of 2025 (1)ರಂೆ ೋಾಯುಕ ಕWೇ$Xಂದ 8: 13.01.2025ೊಳLೆ ವರ8ಯನು: 6ೕಡಲು ಸೂYರುಾೆ. ಸದ$ ದೂ$ನ ಅನZಯ ಸ[ಳ ಪ$\ೕಲ-ೆ Qಾ'ದ ಸಂದಭ)ದ+ ೕ+ನ ದೂರು ೕೊ:ೕಟೆ ಸ$XರುವIದು ಕಂಡು ಬಂ8ರುತ"ೆ." 7. As regards the portion of the notice extracted above, petitioner to make out additional reply if any in addition to the replies made out. Such reply to be made within a period of two weeks from today. Thereafter, respondent - BBMP is to fix the date for hearing on which date petitioner may avail opportunity of hearing without seeking any adjournment. Subsequently upon hearing the petitioner and other affected residents if any, respondent - BBMP to proceed as per law. 8. Needless to state that till orders are passed upon the notice as observed above, petitioner is permitted to carry on activity. All contentions are kept open. 9. The petitioner to appear on 19.05.2025 at 11.30 am before respondent No.3 - the Health Officer, BBMP. - 6 - NC: 2025:KHC:17302 WP No. 668 of 2025 10. Both petitioner and respondent No.4 are to ensure that there is no hostile environment created when they present themselves before the Health Officer or at the site. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 19 CT: BHK