- 1 - NC: 2025:KHC:9511 WP No. 6272 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 6272 OF 2025 (LB-BMP) BETWEEN: 1. M/S. BENAKA INDUSTRIES NO.62, ASSESSMENT NO. 10, 2ND CROSS, MANJUNATHA NAGAR, RAGHUVANAHALLI, KANAKAPURA MAIN ROAD BENGALURU -560 062. A PARTNERSHIP FIRM, REPRESENTED BY ITS PARTNERS, 1) SRI R SHIVAKUMAR, 2) SMT. RANJINI B M, … PETITIONER (BY SRI. MAHESH B J., ADVOCATE) AND: 1. THE COMMISSIONER BBMP, BENGALURU - 560 009. 2. THE HEALTH OFFICER, BBMP, KENGERI, RAJARAJESHWARI NAGARA ZONE, KENGERI DIVISION, BENGALURU-560 060. … RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE) Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9511 WP No. 6272 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE FINAL NOTICE DTD. 14.02.2025 BEARING NO. A.Y/K.V/PR/465/2024- 25 ISSUED BY THE R-2 VIDE 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 ORAL ORDER Petitioner has called in question the validity of the final notice at Annexure-A dated 14.02.2025. 2. It is made out that the petitioner has been carrying on impermissible business activity in the residential area and has also encroached upon the pavement. It is submitted that local residents have made complaint in this regard including as regards noise pollution and accordingly, notice has been issued at Annexure-A. 3. Learned counsel for the petitioner submits that the notice at Annexure-A amounts to closure order and accordingly, same is assailed in the present proceedings. It is further submitted that the notice has afforded only 3 - 3 - NC: 2025:KHC:9511 WP No. 6272 of 2025 days time for shifting of the business or closing down which is in violation of the principles of natural justice. 4. Sri. Pawan Kumar, learned counsel appearing for the respondents submits that the notice at Annexure-A is only a notice and order would be passed after hearing the petitioner. 5. In light of the stand of the respondent - BBMP, notice at Annexure-A is to be treated as show cause notice. Petitioner to make out a reply within 10 days and on such reply being made, respondent - BBMP to afford an opportunity of hearing and proceed to pass orders as per the applicable procedure in accordance with law. All contentions are kept open. 6. Accordingly, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE VP