- 1 - NC: 2025:KHC:4975 WP No. 9386 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 9386 OF 2020 (LB-RES) BETWEEN: 1. SRI M V SHANKARAPPA S/O D.PILLAPPA, AGED 54 YEARS R/AT NO.43, DHARMARAYA SWAMY TEMPLE ROAD, MALUR 563 101, KOLAR DISTRICT. …PETITIONER (BY SRI. S KALYAN BASAVARAJ., ADVOCATE) AND: 1. THE TOWN MUNICIPALITY MALUR-563 101 KOLAR DISTRICT, REP BY ITS CHIEF OFFICER …RESPONDENT (BY SRI. RAMESH KUMAR.R.V., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 27.07.2020 ISSUED BY THE RESPONDENT PRODUCED AS ANNEXURE-A, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4975 WP No. 9386 of 2020 ORAL ORDER 1. The petitioner is challenging Annexure-A, an endorsement by which the permission that had been granted to him to run a Nandini Milk Parlour has been withdrawn. 2. It is not in dispute that the petitioner was granted temporary permission to run his Nandini Milk Parlour on 17.07.2020 and it is, therefore, obvious that the petitioner did not have an assured tenure. 3. The decision of the Municipal Council to withdraw the temporary permission granted cannot, therefore, be found fault with. 4. Learned counsel for the petitioner undertakes to hand over vacant possession to the Municipal Council within three months from today. He shall file an affidavit of Undertaking in this regard. - 3 - NC: 2025:KHC:4975 WP No. 9386 of 2020 5. However, it is noticed that the petitioner has been running the business for the past five years. Taking into consideration that the petitioner has been running a business for the past half a decade, in my view, it would be appropriate to direct the Municipal Council to consider re-locating the petitioner in a nearby place, so that he can continue his business as before. 6. The said re-location shall be undertaken and completed within a period of said three months from the date of receipt of a copy of this order. This Writ Petition is, accordingly, disposed of. 7. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 54