- 1 - NC: 2025:KHC:15745 WP No. 29090 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 29090 OF 2024 (LB-RES) BETWEEN: 1. SRI K DINAKARA SHETTY S/O RAMANNA SHETTY, AGED ABOUT 50 YEARS, R/AT "SRI SAI MATHA", 16TH CROSS, ESHWAR NAGAR MANIPAL, SARALEBITTU - 576 102. 2. SRI. DINESH B SHETTY S/O. BHASKAR SHETTY, AGED ABOUT 50 YEARS, 16-126/1A HUDKO COLONY, MANIPAL UDUPI TALUK PIN - 576104. …PETITIONERS (BY SRI. MAHESH KIRAN SHETTY S., ADVOCATE) AND: 1. STATE OF KARNATAKA MINISTRY OF HOME AFFAIRS, VIDHANA SOUDHA, BENGALURU - 560 001 REPRESENTED BY PRL. SECRETARY. 2. THE SUPERINTENDENT OF POLICE, UDUPI, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15745 WP No. 29090 of 2024 UDUPI DISTRICT - 576 102. 3. THE DEPUTY COMMISSIONER "RAJATHADRI" MANIPAL, UDUPI DISTRICT, UDUPI - 576 102. 4. THE COMMISSIONER MUNICIPAL COUNCIL, UDUPI UDUPI DISTRICT. 5. THE POLICE INSPECTOR, MANIPAL POLICE STATION, MANIPAL, UDUPI DISTRICT PIN - 576 102. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1, 2, 3 AND 5) SRI. T.I. ABDULLA, ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE OF CANCELLATION OF THE TRADE LICENSE OF P-1 DTD. 08.10.2024 PASSED BY THE R-4 VIDE ANNX-L, QUASH THE NOTICE OF CANCELLATION OF THE TRADE LICENSE OF THE P-2 DTD. 08.10.2024 PASSED BY THE R-4 VIDE ANNX-P 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 - 3 - NC: 2025:KHC:15745 WP No. 29090 of 2024 ORAL ORDER 1. The petitioners are stated to be holders of CL-7 licence issued by the Excise Department. They have called in question correctness of the orders canceling Trade Licence at Annexures - L and P. 2. Various contentions have been raised by the petitioners including that the orders at Annexures - L and P are cryptic and non-speaking and they were not heard. 3. Learned counsel Sri Abdullah appearing for respondent No.4 as well as Government Advocate have also raised various contentions including that the petitioners must adhere strictly to the terms of CL-7 licence and in case of other activities including playing of music, permission from appropriate Authorities is required to be taken. 4. Heard both sides. Perused the orders at Annexures - 'L' and 'P'. The plain reading of the said notices would indicate the same to be cryptic. If a licence is to be - 4 - NC: 2025:KHC:15745 WP No. 29090 of 2024 cancelled which visit civil consequences, necessarily the petitioners were required to be heard. 5. Admittedly, petitioners were not heard before passing of the orders at Annexures - 'L' and 'P'. Solely on the ground of violation of principles of natural justice, the orders of cancellation of the Trade Licence are set aside. 6. Needless to state the petitioners are to strictly adhere to the terms of licence and obtain permission for activities as may be required under existing law. Accordingly, petition is disposed off. 7. Needless to state respondent - Authorities are at liberty in the event of any violation of licence or law as is applicable, are to take action as per law. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 15