- 1 - NC: 2025:KHC:7575 WP No. 8552 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 8552 OF 2023 (LB-BMP) BETWEEN: 1. M/S COFFEE BOARD LAYOUT RESIDENTS WELFARE ASSOCIATION HAVING ITS OFFICE AT NO 17/1B, 5TH MAIN ROAD, COFFEE BOARD LAYOUT, BEHIND SRI RAMA MANDIRA HEBBAL KEMPAPURA, BENGALURU 560 024 REPRESENTED BY ITS PRESIDENT MR L NAGABUSHAN RAO. …PETITIONER (BY SRI. C R GOPALASWAMY, SENIOR COUNSEL FOR SRI. PRAKYATH SHETTY K., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE, BANGALORE 560002. 2. THE JOINT COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE YELAHANKA ZONE, BATRAYANAPURA BANGALORE 560002. 3. THE EXECUTIVE ENGINEER BBMP, WARD NO 7, BATRAYANAPURA Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7575 WP No. 8552 of 2023 BANGALORE 560092. 4. SRI. PAPAIAH B.N. AGED ABOUT 45 YEARS, S/O SRI. NARASIMHA MURTHY, REIDING AT NO.12, RAMAIAH BUILDING, BOOPASANDRA MAIN ROAD, NAGASHETTIHALLI, SANJAYNAGAR, BENGALURU-560 094. 5. SRI. RAGHAVENDRA S.H. AGED ABOUT 31 YEARS, S/O SRI. HANUMAIAH, R/AT NO. 105/1, MANJANNA BUILDING, NEAR ST. JOHNS SCHOOL, H.A. FARM POST, BENGALURU-560 024. 6. SRI. MADHUKRISHNA K.R. AGED ABOUT 41 YEARS, S/O SRI. RAJE GOWDA, /AT NO.45, KYATHANAHALLI, HONNAVARA, NAGAMANGALA TALUK, MANDYA DISTRICT. 7. SRI. SHIVANNA R. AGED ABOUT 46 YEARS, S/O LATE RAMANNA R/AT NO. 234, JANATHA COLONY, NEAR GANESHA TEMPLE, AMRUTHAHALLI, BENGALURU-560 092. 8. SRI. JAYARAM K.C. AGED ABOUT 37 YEARS, S/O SRI. PUJARI CHIKKE GOWDA, R/AT NO., 1ST CROSS, HEBBALA MUNISWAMI GOWDA LAYOUT, - 3 - NC: 2025:KHC:7575 WP No. 8552 of 2023 KEMPAPURA, BENGALURU-560 024. 9. SRI. SURESH AGED ABOUT 35 YEARS, S/O SRI. SHASHIDHAR, R/AT NO.23, YELUMANDAMMA TEMPLE ROAD, KEMPAPURA, H.A. FARM, BENGALURU-560 024. 10. SRI. VISHWANATH AGED ABOUT 38 YEARS, S/O SRI. KUMARASWAMY, R/AT NO. 114, 4TH CROSS, PATEL MUNIYAPPA LAYOUT, V. NAGENAHALLI, R.T. NAGAR POST, BENGALURU-560032. 11. SRI. PREMCHAND KUMAWAT AGED ABOUT 38 YEARS, S/O SRI. LAKSHMAN LAL, R/AT NO. 11, 20TH CROSS, BHUVANESHWARI NAGAR, HEBBAL KEMPAPURA, BENGALURU-560 024. 12. SRI. RAVI K.D. AGED ABOUT 33 YEARS, S/O SRI. DURGA POOJARI, R/AT NO.6, ARAMANEKOPPA, MATHIMANE SHIMOGGA, KARNATAKA-577 425. 13. SRI. MOHAMMED WAJAHATH AHMED AGED ABOUT 28 YEARS, S/O SRI. ZAKI AHMED, R/AT NO.72, 3RD CROSS, - 4 - NC: 2025:KHC:7575 WP No. 8552 of 2023 M.V. BLOCK, PALACE GUTTAHALLI, BENGALURU-560 003. 14. SRI. MOHAMMED SARFAZ AGED ABOUT 23 YEARS, S/O SRI. ANNU MOOLYA R/AT NO.3, 1ST FLOOR, DASARAHALLI, HEBBAL KEMPAPURA, H.A. FARM POST, BENGALURU-560 024. 15. SRI. ISHWAR LAL AGED ABOUT 31 YEARS, S/O SRI. PARAS MAL, R/AT NO.2, 9TH CROSS, MARUTHI LAYOUT, DASARAHALLI MAIN ROAD, KEMPAPURA, HEBBAL VILLAGE, BENGALURU-560 024. 16. SRI. CHANDRA SHEKAR POOJARY AGED ABOUT 41 YEAR, S/O SRI. VENKATAIAH POOJARY, R/AT NO. 101, VADINA BAILU, KURKUNJE KUNDAPURA, UDUPI DISTRICT-576 283. 17. SRI. DINESH GURJAR AGED ABOUT 29 YEARS, S/O SRI. MITHALAL GURJAR, R/OF SAHAKARANAGAR, SAHAKARANAGAR POST, BENGALURU-560 092. 18. SRI. NIMESH KALAKHETI AGED ABOUT 36 YEARS, S/O SRI. KEDARNATH KALAKHETI, R/AT NO. 27/4, ST CROSS, - 5 - NC: 2025:KHC:7575 WP No. 8552 of 2023 NEAR ANJANEYA TEMPLE VAYUNANDANA LAYOUT, HEBBAL KEMPAPURA H A FARM POST, BENGALURU-560 024. 19. SRI. GANGA KUMAR YADAV AGED ABOUT 25 YEARS, S/O SRI. KISHUN YADAV, RESIDENT OF HABBAL, BENGALURU-560 024. 20. SRI. SHAIK JEELANI BASHA AGED ABOUT 32 YEARS, S/O SRI. SABJAN, R/AT NO. 72, 17TH A CROSS, BHUVANESHWARI NAGAR, HEBBAL KEMPAPURA, BENGALURU-560 024. 21. SRI. PARAMESH S.B. AGED ABOUT 48 YEARS, S/O SRI. BOREGOWDA, R/AT NO. 648, MUNIKEMPANNA LAYOUT, KONDAPPA BLOCK, DASARAHALLI, HA FARM BENGALURU-560 024. 22. SRI. CHAND PASHA AGED ABOUT 50 YEARS, S/O SRI. AMEER JAN, R/AT CHINTAMANI, CHIKKABALLAPURA DISTRICT, KARNATAKA 563 125. 23. SMT. SAMEENA TAJ AGED ABOUT 32 YEARS, W/O SRI. FIROZ, R/AT NO. 14, SRINIVASAPURA, - 6 - NC: 2025:KHC:7575 WP No. 8552 of 2023 KOGILU LAYOUT, YELAHANKA, BENGALURU-560 064. 24. SRI. PRUTHVIRAJ B.R. AGED ABOUT 31 YEARS, S/O SRI. RAJANNA B.K. R/AT NO. 31/50, 4TH CROSS, YELLAMMA TEMPLE STREET, GANGANAGAR, BENGALURU-560 032. 25. SRI. KALLESHA VALLI AGED ABOUT 40 YEARS, S/O LTE SYED GAFFUR R/OF HEBBAL KEMPAPURA H A FARM, BENGALURU-560 024. 26. SRI. KUMAR K. AGED ABOUT 38 YEARS, S/O SRI. KARI HUCCHAIAH, R/AT C/O NAGAMMA K.N. NO. 15, 1ST FLOOR, GOPALAPPA LAYOUT, HEBBAL KEMPAPURA, BENGALURU-560 024. 27. SMT. SBHADRA S DASAR AGED ABOUT 40 YEARS, W/O SRI. SHASAPPA DASAR, R/AT NO. 354, YELLAMMA TEMPLE ROAD, AMRUTHHALLI SAHAKARANAGAR POST, 1 BENGALURU-560 092. 28. SMT. MANJULA BAI AGED ABOUT 39 YEARS, W/O SRI. NAVEEN, R/AT NO. 786, 2ND CROSS, MUNIKEMPANNA LAYOUT, DASARAHALLI, H A FARM POST, - 7 - NC: 2025:KHC:7575 WP No. 8552 of 2023 BENGALURU-560 024. 29. SRI. MUNE GOWDA AGED ABOUT 35 YEARS, S/O SRI. HANUMANTHAPPA, R/OF GOKARE VILLAGE, BENGALURU RURAL DISTRICT, BENGALURU-560 110. 30. SRI. ABID G. AGED ABOUT 35 YEARS, S/O SRI. MAHABOOB BASHA, R/AT NO. 27, 4TH CROSS, 2ND MAIN ROAD, B.K. NAGAR, YESHWANTHPURA, BENGALURU-560 022. 31. SRI. KRISHNAPPA AGED ABOUT 65 YEARS, S/O SRI. CHENNAPPA, R/AT NO. 28, ANTHONY ROAD, MARIANNA PALYA, H.A. FARM POST, BENGALURU-560 024. 32. SRI. GANESAN AGED ABOUT 63 YEARS, S/O SRI. KUPPU SWAMY, R/AT NO. 15, 11TH CROSS, DASARAHALLI, H A FARM POST, BENGALURU-560 024. 33. SRI. BINOD KUMAR YADAV AGED ABOUT 23 YEARS, S/O SRI. AAJHO YADAV, R/AT HEBBAL KEMPAPURA, H A FARM POST, BENGALURU-560 024. - 8 - NC: 2025:KHC:7575 WP No. 8552 of 2023 34. SRI. MANJUNATH BASAPPA AGED ABOUT 38 YEARS, S/O SRI. BASAPPA, R/AT MARIANANA PALYA, DASARAHALLI MAIN ROAD, NEAR CHURCH, COFFEE BOARD LAYOUT, BENGALURU-560 024. 35. SRI. K. RAMAKRISHNA REDDY AGED ABOUT 60 YEARS, S/O SRI. PEDDA DEVA REDDY R/OF HEBBAL KEMPAPURA, H A FARM POST, BENGALURU-560 024. 36. SMT. G. VIJAYALAKSHMI AGED ABOUT 47 YEARS, W/O SRI. THIMMA REDDY G. R/AT NO. 24 12TH CROSS, MARUTHI LAYOUT, DASARAHALLI, BENGALURU-560 024. 37. SMT. HASINA AGED ABOUT 40 YEARS, W/O SYED RAFIG, R/OF VAYUNANDANA LAYOUT, HEBBAL KEMPAPURA, H A FARM POST, BENGALURU-560 024. 38. SRI. K. RAGHAVENDRA RAO P. AGED ABOUT 63 YEARS, S/O LATE SRI. PANESA RAO, R/AT NO. 29/A, 4TH CROSS, A SECTOR MUNESHWARA BLOCK, AMRUTHNAGAR, SAHAKARANAGAR POST, - 9 - NC: 2025:KHC:7575 WP No. 8552 of 2023 BENGALURU-560 092. …RESPONDENTS (BY SRI. SUBRAMANI M A., ADVOCATE FOR R1 TO R3; SRI. J MANJUNATHA REDDY, ADVOCATE FOR R4 TO R38) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO WRIT OF MANDAMUS TO RESPONDENT TO INITIATE LEGAL ACTION IN PURSUANCE TO THE COMPLAINTS DTD 16.07.2018, 14.06.2019, 08.11.2019, 20.04.2022, 03.05.2022 AND 13.05.2022 VIDE ANNX-E,F,G,H,J AND K WITH A DIRECTION TO STOP ILLEGAL ENCROACHING FOOTPATHS ON BOTH SIDE, ROAD AND PARKS AND FURTHER ENCROACHMENT BY SHOP OWNERS WHICH ARE IN CONTRAVENTION OF LAW. 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. The prayer in this writ petition is for issuance of a mandamus to initiate legal action pursuant to the complaints that have been given by the petitioner, which claims to be a Residents Welfare Association. The copies of the representation are produced as Annexure - E, F, G, H, J and K. - 10 - NC: 2025:KHC:7575 WP No. 8552 of 2023 2. Essentially, the complaint of the petitioner was that the vendors had encroached upon the footpaths in front of their houses on both sides and were running their business thereby causing severe inconvenience to the residents. 3. The Court passed an interim order on 17.01.2025 directing the Joint Commissioner of the Corporation to file an affidavit indicating the action taken by him to remove the vendors, who are vending on the footpath. The Joint Commission was also directed to state whether there are any vendors still vending on the footpath and what action was proposed to be taken against them. 4. Pursuant to the said order, an affidavit was filed on 21.01.2025, in which the Joint Commissioner stated that all the encroachments on the footpath of the 3rd cross and the 13th main of Coffee Board Layout were cleared and there were no street vendors vending. - 11 - NC: 2025:KHC:7575 WP No. 8552 of 2023 5. However, the learned counsel who had filed applications to implead the vendors, namely respondent Nos.4 to 38 contended that their vending was recognized by the Government in as much as their loan applications were entertained and sponsored by the BBMP itself and, therefore, it would be incorrect for the Joint Commissioner to state that they should not be allowed to vend. 6. Subsequently, respondent Nos.4 to 38, who claimed to be vending on the aforementioned streets, filed an affidavit of undertaking that they would not vend on the footpath till this writ petition was disposed of. 7. This Court called upon the Joint Commissioner, in order to resolve the grievances of both the residents as well as the vendors, to find a possible solution and identify a place where the vending could proceed and this would be subject to the final outcome of the street vending scheme that was under the consideration of the BBMP under the Karnataka - 12 - NC: 2025:KHC:7575 WP No. 8552 of 2023 Street Vendors (Protection of Livelihood, Regulation of Street Vending and Licensing) Scheme, 2020. 8. The Joint Commissioner has filed a sketch indicating four places in which the vendors could be accommodated. 9. It is also brought on record that during the course of a survey, though there were several vendors, the BBMP had identified and ascertained that only 34 vendors were eligible to be considered under the scheme and necessary documentation from these 34 vendors had been collected. 10. The Joint Commissioner, who is present in person submits that, in the places now here marked in the sketch, all these 34 persons could be permitted to vend in the spaces designated by them and, if this is permitted, the main grievance of the petitioner that there was vending in front of their houses would stand resolved. - 13 - NC: 2025:KHC:7575 WP No. 8552 of 2023 11. In my view, this stand of the Joint Commissioner is reasonable and would meet the ends of justice. 12. It is to be kept in mind that the vendors also would have a right to eke out a livelihood and, at the same time, they cannot cause disturbance and impediments to the residents of the area where they engage in business. 13. Learned counsel for the petitioner submit that the persons mentioned in Sl.Nos.16 and 30 i.e., Raghavendra S H and Papaiah B N are in fact vending in multiple places and, therefore, they would not be eligible to vend. 14. The petitioners are permitted to give a representation with material to the Joint Commissioner indicating that the aforementioned two people are vending in multiple places. 15. The Joint Commission shall verify the same and, if the assertions of the petitions are true, the persons - 14 - NC: 2025:KHC:7575 WP No. 8552 of 2023 mentioned at Sl.Nos.16 and 30 shall not be a part of the 34 vendors, which is indicated in the list that is filed by the Joint Commissioner today. 16. It is also pointed out by the learned counsel for the petitioner that Raghavendra S H, the person identified at Sl.No.16 and Papaiah B N, the person identified at Sl.No.30 made an attempt to assault the members of the association. 17. However, learned counsel who appears for them submits that the said persons have never made any such attempt and they would not make any such attempt in the future. He is therefore called upon to get affidavits of undertaking filed by Raghavendra S H And Papaiah B N, to the effect that they will not in any way directly or indirectly intimidate or threaten the members of the association. - 15 - NC: 2025:KHC:7575 WP No. 8552 of 2023 18. The affidavit would be filed within a period of two weeks from the date of receipt of the copy of this order. 19. In that view of the matter, this writ petition is disposed of directing the Joint Commissioner to abide by the sketch that he has now filed and allocate vending spaces to 34 identified vendors in the places here marked as 1, 2, 3 and 4 in the sketch. 20. The Joint Commissioner shall pass necessary orders in this regard and this order of the Joint Commissioner shall pass would be subject to the ultimate result of the Town Vending Scheme that is to be applied by the BBMP. 21. The respondent Nos.4 to 38, who have been impleaded are hereby restrained from vending on any portion of the 3rd cross, 13th main of the Coffee Board Layout. - 16 - NC: 2025:KHC:7575 WP No. 8552 of 2023 22. If any vendor attempts to vend on the aforementioned streets, the Traffic Police are directed to take appropriate action to prevent the vending. 23. 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.: 16