- 1 - NC: 2025:KHC:1660 WP No. 29103 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 29103 OF 2024 (LB-RES) BETWEEN: 1. SRI AYAZ S/O AREEF, AGED ABOUT 40 YEARS, R/AT SUNTIKOPPA, 2ND BLOCK, SOMAVARPETE TALUK, ULUGULLI, KODAGAU 571 237. 2. SRI. FAYAZ S/O RASHEED AGED ABOUT 32 YEARS, R/AT SUNTIKOPPA, 2ND BLOCK, SOMAVARPETE TALUK, ULUGULLI, KODAGAU 571 237. 3. SRI. AZEEZ H., S/O HAMSA, AGED ABOUT 50 YEARS, R/AT VISHWANATHA RAI COLONY, SOMAVARPETE TALUK, ULUGULLI, KODAGAU 571 237. 4. SRI. DILIP C., S/O CHANDRA, AGED ABOUT 25 YEARS, R/AT SUNTIKOPPA, 2ND BLOCK, SOMAVARPETE TALUK, ULUGULLI, KODAGAU 571 237. 5. SRI. ISMAIL M. S., S/O SHAREEF M.S., AGED ABOUT 35 YEARS, R/AT PAPRANDA BADAVANE, SUNTIKOPPA, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1660 WP No. 29103 of 2024 2ND BLOCK, SOMAVARPETE TALUK, ULUGULLI, KODAGAU 571 237 …PETITIONERS (BY SRI. CHANDRAKANTH R GOULAY., ADVOCATE) AND: 1. STATE OF KARNATAKA PANCHAYATH RAJ DEPARTMENT, 3RD FLOOR, 3RD GATE, M. S. BUILDING, BANGALORE 560001. REP. BY ITS SECRETARY. 2. GRAMA PANCHAYATH SHUNITKOPPA VILLAGE, SOMWARPETE TALUK, KODAGAU DISTRICT 571 253. REPRESENTED BY ITS PANCHAYAT DEVELOPMENT OFFICER. 3. ZILLA PANCHAYATH KODAGU, KODAGU ZILLA PANCHYAT, FORT, MADIKERI 571 201. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 4. SOMWARPETE TALUK PANCHAYAT KODAGU DISTRICT CLUB ROAD, NEAR KAVERI CIRCLE, S OMWARPET-571236 REP. BY ITS EXECUTIVE OFFICER. …RESPONDENTS (BY SRI. RAHUL CARIAPPA., AGA FOR R-1; SRI CHARAN KUMAR K.V., ADVOCATE FOR C/R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA., PRAYING TO CALL FOR THE RELEVANT RECORDS AND QUASH THE IMPUGNED ORDER - 3 - NC: 2025:KHC:1660 WP No. 29103 of 2024 BEARING NO. SUGRAPAM/THI.PA/2024-25 DATED: 18.10.2024 VIDE ANNEXURE-M RECEIVED BY THE PETITIONERS ON 22.10.2024 PASSED BY THE R-4 IN REJECTING OF THE APPLICATIONS FOR RENEWAL FOR THE YEAR 2024-25 AS ARBITRARY ILLEGAL AND VOID, 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. The petitioners are challenging an order dated 18.10.2024 vide Annexure-M, whereby their request for grant of a Trade License has been rejected. 2. A perusal of the impugned order would indicate that the petitioners were successful bidders for conducting the business in selling of meat and poultry for the year 2023 in an auction conducted by the Gram Panchayat in respect of its premises. 3. The Gram Panchayat has, however, rejected the application filed by the petitioners, whereby they had - 4 - NC: 2025:KHC:1660 WP No. 29103 of 2024 sought to run their business in their own private premises. 4. This request was opposed by Rashid and Hussain, who appear to be successful bidders for the year 2024-25. 5. The Gram Panchayat has accepted this objection and has refused to grant approval for the Trade License that was sought for by the petitioners. 6. It cannot be dispute that the Gram Panchayat has the power to issue a Trade License, but at the same time, it cannot deny a Trade License if it is of the view that the applicants would have to engage in their business only in the premises owned by the Gram Panchayat. 7. It is an undeniable right of a citizen to engage himself in a business of his choice and the only requirement of his is to secure the license to run the business lawfully. - 5 - NC: 2025:KHC:1660 WP No. 29103 of 2024 8. Since the petitioners have an undeniable right to run the business that they are engaged in and they are only required to take a Trade License, the Panchayat is bound to consider the Trade License without reference to the fact that that they intend to conduct their business in their own private premises and not in the premises owned by the Grand Panchayat. 9. To put it differently, the consideration of a Trade License cannot be dependent on the fact that the business should be conducted only in the premises owned by the Panchayat. The Panchayat is, therefore, directed to consider the request of the petitioners for grant of Trade license and pass appropriate orders, keeping in mind the directions issued above. This Writ Petition is, accordingly, allowed. 10. This entire exercise shall be undertaken and completed within a period of one month from today. - 6 - NC: 2025:KHC:1660 WP No. 29103 of 2024 11. The interim order granted by this court shall enure for a period of four weeks from today. 12. 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.: 17