- 1 - NC: 2025:KHC:11150 WP No. 28839 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 28839 OF 2023 (LB-BMP) BETWEEN: SRI RANGA ENTERPRISES NO. 89, 7TH CROSS, VEERABHADRESHWARANAGARA, NAGARAHOLENAGARA MAIN ROAD, VISHWANEEDAM POST, BENGALURU - 560 091. REPRESENTED BY ITS PROPRIETOR, SHIVARAJU S.D. S/O. LATE DODDAIAH, AGED ABOUT 45 YEARS. …PETITIONER (BY SRI. NANJA REDDY P.N., ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE REPRESENTED BY THE CHIEF COMMISSIONER, HUDSON CIRCLE, BENGALURU 560 002. 2. THE MEDICAL OFFICER OF HEALTH BRUHATH BENGALURU MAHANAGARA PALIKE, YESWANTHAPUR DIVISION, RAJARAJESWARINAGAR ZONE, BENGALURU - 560 091. …RESPONDENTS (BY SRI. SATYANAND B.S., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO a) QUASH THE NOTICE / ORDER DATED 05/12/2023 BEARING NO. MOH/YPD/029/23-24 ISSUED BY THE R2 (ANNEXURE-K) AS Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11150 WP No. 28839 of 2023 THE SAME IS ILLEGAL AND CONTRARY TO THE KARNATAKA MUNICIPAL CORPORATIONS ACT 1976 AND CANNOT SUSTAINED IN THE EYE OF LAW AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has called in question the validity of the notice/order at Annexure-K dated 05.12.2023 issued by the respondent-BBMP. The notice issued by the respondent-BBMP is to the effect that the petitioner has been carrying on fabrication and welding works in the residential locality. 2. It is further stated that the business is being run in the early hours i.e., from 6.00 a.m., to 6.00 p.m., which is causing nuisance to the neighbouring residents. It is further alleged that he has been littering the road with solid waste. In light of the same, respondent-BBMP is of the opinion that the activity of welding work would have adverse impact on public health and taking note of public interest, has issued a notice to the petitioner directing shifting his enterprise within seven - 3 - NC: 2025:KHC:11150 WP No. 28839 of 2023 days, failing which necessary action will be taken to close down the premises by invoking Section 353/354 of the BBMP Act. 3. It is the case of the petitioner that though Annexure-K is in the nature of notice, it is in fact an order, which has not been preceded with an opportunity of hearing. 4. It is the case of the petitioner that he has been running his business for the last 10 years and any action having civil consequences such as order of shifting business ought to have been preceded by enquiry by affording personal hearing. It is further contended that the activity of the petitioner is permitted as per the applicable Zonal Regulations. 5. Perused the Notice. 6. It must be noticed that the petitioner had obtained Trade License enclosed at Annexure-L along with the rejoinder. If it is so that Trade License has been issued earlier and continued to be renewed, petitioner is required to be heard. It must be noticed that though notice at Annexure-K would lead to order for shifting of the petitioner enterprise to another location, any notice requires to be specific and ought to be clear to enable the Noticee to take stand regarding the same. - 4 - NC: 2025:KHC:11150 WP No. 28839 of 2023 It would be appropriate that BBMP details specific grounds with reference to Zonal Regulations or Laws to enable the petitioner to meet the grounds to be made out in the notice which according to the respondent-BBMP is a sufficient order for shifting of the enterprise. 7. Accordingly, while notice at Annexure-K could at the most be treated to be show-cause notice, respondent-BBMP to issue corrigendum notice specifically dealing with violations of either Zonal Regulations, Trade License or any other applicable license of BBMP or rule of the Planning Authority. 8. Petitioner ought to be granted reasonable time to make out his reply to the corrigendum as well insofar as notice at Annexure-K. Reply of the petitioner enclosed at Annexure-L may be taken note of by the respondent authorities in addition to additional reply of the petitioner. In the event corrigendum notice is issued, petitioner to be given two weeks time to submit his reply. After all replies are taken on record, petitioner to be given an opportunity of hearing, subsequent to which the respondent-BBMP may proceed to pass appropriate orders. - 5 - NC: 2025:KHC:11150 WP No. 28839 of 2023 8. Accordingly, the petition is disposed off. Needless to state, till completion of such proceedings, petitioner cannot be disturbed from conducting his activities. Sd/- (S SUNIL DUTT YADAV) JUDGE NP