- 1 - NC: 2025:KHC:16316 WP No. 52896 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 52896 OF 2019 (LB-BMP) BETWEEN: METRO CASH AND CARRY INDIA PRIVATE LIMITED 26/3, INDUSTRIAL SUBRUBS, 'A' BLOCK, SUBRAMANYANAGAR, WARD NO.9, BENGALURU - 560 055. REPRESENTED BY ITS AUTHORIZED SIGNATORY, MS SUNIANA CALAPA …PETITIONER (BY SRI. ANIND THOMAS, ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE THROUGH ITS COMMISSIONER, HAVING ITS OFFICE AT NARASIMHRA RAJA SQUARE, BENGALURU - 560 002 2. UNDER SECRETARY TO GOVERNMENT URBAN DEVELOPMENT DEPARTMENT, (URBAN DEVELOPMENT AUTHORITIES AND TOWN PLANNING MATTERS) ROOM NO.428, 4TH FLOOR, VIKASA SOUDHA, BENGALURU - 560 001 Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16316 WP No. 52896 of 2019 3. MEDICAL OFFICER OF HEALTH BRUHAT BENGALURU MAHANAGARA PALIKE, HAVING ITS OFFICE AT RAJARAJESHWARINAGAR ZONE, BBMP BUILDING, IDEAL HOMES LAYOUT, RAJARAJESHWARINAGAR, BENGALURU - 560 098. …RESPONDENTS (BY SRI. S.N. PRASHANTH CHANDRA, ADVOCATE FOR R1 & R3 SRI. K.P. YOGANNA, AGA FOR R2) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CIRCULAR DATED 22.07.2017 ISSUED BY R-1 VIDE ANNX-B AND ALL CONSEQUENT CIRCULARS/NOTICES/ORDERS AS BEING ILLEGAL, INVALID, VOID AB INITIO AND ULTRA VIRES THE KARNATAKA MUNICIPAL CORPORATION ACT, 1976, ULTRA VIRES ARTICLES, 14, 19(1)(a) AND 19(1)(g) AND 345 OF THE CONSTITUTION OF INDIA AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER 1. The petitioner has filed a memo which reads as hereunder: - 3 - NC: 2025:KHC:16316 WP No. 52896 of 2019 "1. That the Petitioner is represented by its duly authorised representative Mr. Rajiv SK. A copy of the Special Power of Attorney dated February 03, 2025 authorising Mr. Rajiv SK is attached herewith as Annexure-A. 2. That the present petition has been filed by the Petitioner seeking inter alia directions to quash the circulars dated July 22, 2017 and July 30, 2018 ("Impugned Circulars"), notice dated November 29, 2019 ("Impugned Notice") and order dated October 19, 2019 ("Impugned Order") issued by the Respondents herein as being ultra vires of the Karnataka Municipal Corporation Act, 1976 and violative of Articles 14, 19(1)(a), 19(1)(g) and 345 of the Indian Constitution. The Impugned Circulars, Notice, and Order required inter alia the Petitioner to ensure that at least 60% of the name boards installed outside their business premises are in Kannada language failing which their trade license would stand cancelled. 3. That the present petition has become infructuous given that the Petitioner has complied with the aforementioned Impugned Circulars, Notice, and Order issued by the Respondents. 4. In light of the above, it is most respectfully prayed that the Petitioner be permitted to withdraw the - 4 - NC: 2025:KHC:16316 WP No. 52896 of 2019 present petition with liberty to prefer a fresh petition in relation to the subject dispute if required." 2. In light of the memo filed, the petition is dismissed as not pressed. 3. Legal contentions raised are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 51