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2025 DAILYLAW 21306 (KAR)

SRI RAJU R REVANKAR v. THE COMMISSIONER

WP/8603/2025 · 2025-03-22

S Sunil Dutt Yadav

body2025

Judgment text

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- 1 - NC: 2025:KHC:12163 WP No. 8603 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 8603 OF 2025 (LB-BMP) BETWEEN: SRI. RAJU R. REVANKAR, S/O. LATE RAMESH REVANKAR, AGED ABOUT 43 YEARS, R/AT. NO.970, 4TH MAIN ROAD, 3RD BLOCK, 3RD STAGE, BASAVESHWARANAGAR, BENGALURU - 560 079. …PETITIONER (BY SRI. NAGENDRA KUMAR K, ADVOCATE) AND: 1. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, BBMP, N.R. SQUARE, HUDSON CIRCLE, BENGALURU - 560 002. 2. THE MEDICAL OFFICER, BRUHAT BENGALURU MANAHAGARA PALIKE, RAJAJINAGAR ZONE, BENGALURU - 560 010. 3. SRI. MAYUR MANOHAR TAHASILDAR, S/O. MANOHAR TAHASILDAR, AGED ABOUT 32 YEARS, R/AT NO.22, 5TH CROSS, "DWARAKAMAL", MARUTHI LAYOUT, Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12163 WP No. 8603 of 2025 BASAVESHWARANAGAR, BENGALURU - 560 079. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 AND R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE BEARING NO.AA.Y(RA.NA)/PR/273/24-25 DATED 29.01.2025 ISSUED BY THE R-2 AS PER ANNX-F 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 1. The petitioner has sought for issuance of writ of certiorari to set aside the impugned notice at Annexure-F. 2. In terms of notice at Annexure-F, it the case of petitioner that he has been asked to close down his business or transfer the same on various grounds including that the petitioner's establishment is in a residential zone and the width of the road is less than 40 Feet. 3. It is further observed in the notice at Annexure-F that in terms of the revised Master plan 2015, there is no provision to issue Trade Licence. - 3 - NC: 2025:KHC:12163 WP No. 8603 of 2025 4. It is the case of the petitioner that though it is titled as a notice, the notice at Annexure-F is an order which has been passed without hearing the petitioner that the petitioner has grounds to object to the notice issued and that as the notice affects his civil rights, he is required to be heard. 5. Taking note of the nature of notice at Annexure-F, there is a merit in the submission of the petitioner. It is clarified that the notice at Annexure-F is to be treated as Show Cause Notice. 6. Petitioner to make out his reply to the said show cause notice within two weeks from the date of receipt of certified copy of the order. 7. Respondents thereafter to hear the petitioner and pass orders as is permissible in law. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 2 Sl No.: 2 / CT: BHK