- 1 - NC: 2025:KHC:17796 WP NO.22450 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO.22450 OF 2024 (LB-BMP) BETWEEN: SRI RAMAJEYAM HOSPITALITY LLP. NO.575, GANAPATHY TEMPLE ROAD, 8TH BLOCK, 1ST AND 2ND FLOOR, KORAMANGALA, BENGALURU - 560 095. REP. BY DESIGNATED PARTNER, SRI. CHANDRASHEKAR JAYARAMAN. …PETITIONER (BY SRI. RAJESH MAHALE, SENIOR ADVOCATE FOR SRI. JAGADEESH D.C.,ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE, HUDSON CIRCLE, N.R. SQUARE, BENGALURU - 560 001. 2. THE MEDICAL OFFICER OF HEALTH B.T.M. LAYOUT DIVISION, BBMP BUILDING, 1ST FLOOR, 12 FEET ROAD, 2ND MAIN ROAD, N.S. PALYA, B.T.M. 2ND STAGE, BENGALURU - 560 076. 3. SRI. BABULAL GUPTA S/O RAMKUMAR GUPTA, AGED ABOUT 79 YEARS, R/AT NO.576, 20TH MAIN ROAD, Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17796 WP NO.22450 OF 2024 8TH BLOCK, KORAMANGALA, BENGALURU - 560 095. …RESPONDENTS (BY SRI. MALLIKARJUN REDDY K.S., ADVOCATE FOR R1 AND R2; SRI. A.C. BALARAJ, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARY BY QUASHING AND SETTING ASIDE THE IMPUGNED ENDORSEMENT DATED 07.08.2024 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-G AS THE SAME IS ILLEGAL AND WITHOUT THE MANDAMUS DIRECTING THE RESPONDENT NO.2 TO ISSUE THE TRADE LICENCE TO THE PETITIONER-COMPANY FORTHWITH TO RUN THE RESTAURANT IN THE SCHEDULE PREMISES; 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 This writ petition has been filed by the Tenant, calling in question the validity of the endorsement dated 07.08.2024 (Annexure-G) issued by the respondent No.2. 2. The said endorsement dated 07.08.2024 has been issued by the respondent No.2 in respect of the application filed by the petitioner for issuance of Trade Licence for the establishment of Restaurant with Air Conditioning. The respondent No.2 in the impugned endorsement observed that, in light of the proceedings pending in respect of deviation in - 3 - NC: 2025:KHC:17796 WP NO.22450 OF 2024 construction, the application for issuance of Trade Licence cannot be considered and the same would be considered after the deviations are removed. 3. It must be noted that, this petition was clubbed along with Writ Petition No.22188/2024. Both matters were heard together, however separate order has been passed in Writ Petition No.22188/2024. 4. In Writ Petition No.22188/2024, impugned orders passed under Section 248(3) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short, hereinafter referred to as 'BBMP Act') were set-aside after noticing the extent of deviation is below 5% as indicated in the report filed by the respondent-BBMP. The aspect of deviation has attained finality in the light of setting aside the orders passed under Section 248(3) of the BBMP Act in Writ Petition No.22188/2024. 5. In the light of the said stand of the respondent- BBMP as reflected in the report filed before this Court, the endorsement dated 07.08.2024 (Annexure-G) impugned in this writ petition is liable to be set-aside. In view of the fresh year having started from 01.04.2025, the petitioner to make out an - 4 - NC: 2025:KHC:17796 WP NO.22450 OF 2024 application for issuance of Trade Licence within ten days from today. Upon such application being filed, the respondent-BBMP to pass appropriate orders at the earliest. 6. In the light of disposal of Writ Petition No.22188/2024, it is needless to state that the question of deviation in construction would not be a factum to be taken note of. Therefore, the application of issuance of Trade Licence to be considered and appropriate orders to be passed in accordance with law by the respondent-BBMP, within an outer limit of four weeks from the date of receipt of such application by the petitioner. 7. It is made clear that, till the orders passed by the respondent-BBMP on the application for issuance of Trade Licence, the petitioner is permitted to carry on its activities. 8. Accordingly, writ petition is disposed of. SD/- (S. SUNIL DUTT YADAV) JUDGE ARK