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2025 DAILYLAW 24474 (KAR)

MR. V. MOHAN NAIDU v. THE CHIEF COMMISSIONER

WP/12558/2024 · 2025-01-21

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:2342 WP No. 12558 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 12558 OF 2024 (LB-BMP) BETWEEN: 1. MR. V. MOHAN NAIDU AGED ABOUT 45 YEARS, S/O LATE N VIJAY NAIDU R/AT NO.236 26TH MAIN ROAD, 31 A CROSS ROAD, TILAKNAGAR, JAYANAGAR BENGALURU-560041 …PETITIONER (BY SRI. NARASIMHA MURTHY K., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE PALIKE OFFICE, N R ROAD BENGALURU-560002. 2. ASSISTANT EXECUTIVE ENGINEER JAYANAGAR SUB DIVISION 1ST FLOOR, SHOPPING COMPLEX, 9TH MAIN ROAD, 4TH BLOCK, JAYANAGAR, BENGALURU-560011. 3. THE HEALTH MEDICAL OFFICER JAYANAGAR SUB DIVISION 1ST FLOOR, SHOPPING COMPLEX, 9TH MAIN ROAD, 4TH BLOCK, JAYANAGAR, BENGALURU-560011 4. THE COMMISSIONER OF POLICE Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2342 WP No. 12558 of 2024 OFFICE OF THE POLICE COMMISSIONER INFANTRY ROAD, BENGALURU-560001. 5. THE POLICE INSPECTOR TILAKNAGAR POLICE STATION TILAKNAGAR, BENGALURU-560041. 6. MOHSIN AGED ABOUT 34 YEARS, S/O LATE SYED BASHA C/O M P STEELS, NO.31 26TH MAIN ROAD, 31ST A CROSS, THILAKNAGAR JAYANAGAR BENGALURU-560041 7. MAHBOOB, AGED ABOUT 50 YEARS, S/O LATE SYED HUSSAIN SAB C/O M P TRADERS NO.30 26TH MAIN ROAD, 31ST A CROSS, THILAKNAGAR JAYANAGAR BENGALURU-560041 8. AL MADINA KASAB STALL C/O M P STEELS NO.31, 26TH MAIN ROAD, 31ST A CROSS, THILAKNAGAR JAYANAGAR BENGALURU-560041 9. SHAHI KABAB CENTER C/O M P TRADERS NO.30, 26TH MAIN ROAD, 31ST A CROSS, THILAKNAGAR JAYANAGAR BENGALURU-560041 …RESPONDENTS (BY SRI. KARTHIKEYAN B S., ADVOCATE FOR R-1 TO 3; SMT. SPOORTHI.V., HCGP FOR R-4 & R-5; SRI. ALLAH BAKASH., ADVOCATE FOR R-7; R-6, 8 AND 9 ARE SERVED) - 3 - NC: 2025:KHC:2342 WP No. 12558 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO CALL FOR RECORDS FROM RESPONDENTS WITH REGARD TO COMPLAINT FILED BY PETITIONER ON 07/01/2023, 18/01/2023 AND 25/07/2023 SAME ARE MARKED AS ANNEXURE-A1, A-2, A-3, A-4, A-5 RESPECTIVELY, ETC. 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. This petition is filed seeking for a direction to be issued to the respondents to consider the complaint filed by the petitioner vide Annexure – A1 to A5 and also for issuance of a direction to take suitable action on the basis of their complaint. 2. The grievance of the petitioner is that, in the premises owned by the 6th and 7th respondent, a business of vending food is being carried out illegally and this is causing a nuisance to the petitioner, who is residing opposite to the premises owned by them. - 4 - NC: 2025:KHC:2342 WP No. 12558 of 2024 3. Learned counsel appearing for the 7th respondent places on record the photographs which indicate that the entire premises has been demolished and a fresh construction is being put up. A perusal of the photographs would indicate that the question of any business being run, as of now, in the premises owned by the 7th respondent is impossible. It is therefore clear that there would be no purpose served by directing the respondents to consider the complaint filed by the petitioner. 4. It is also stated that the 9th respondent, who was conducting business has shifted his business to some other place and has also obtained a trade license from the BBMP. 5. In the light of these facts, the prayer in this petition would not survive. However, it is made clear that, if, the 7th respondent intends to let out the premises for any business purposes, it is obvious that he will not - 5 - NC: 2025:KHC:2342 WP No. 12558 of 2024 be entitled to do so until a trade license is obtained from the BBMP. 6. This writ petition accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 21