- 1 - NC: 2025:KHC:18067 WP No. 34825 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 34825 OF 2024 (LB-BMP) BETWEEN: DREAM MEN'S SALOON OFFICE/SHOP NO.#14/1 SWATI WEST, G 1 NORTHERN PORTION ON GROUND FLOOR 1ST MAIN, 3RD STAGE VINAYAKA LAYOUT VIJAYANAGAR, BENGALURU - 560 040. REPRESENTED BY ITS PROPRIETOR SRI. ARVINDA .R., …PETITIONER (BY SRI. NIKHITHA .N., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGAR PALIKE BENGALURU - 560 001. 2. THE MEDICAL OFFICE OF HEALTH GOVINDARAJANAGAR DIVISION BRUHATH BENGALURU MAHANAGAR PALIKE BENGALURU - 560 079 …RESPONDENTS (BY SRI. B.S. KARTHIKEYAN, ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, QUASHING AND SETTING ASIDE THE IMPUGNED MEMORANDUM BEARING AY(G.N)/PRI229/2024/25 DATED Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - NC: 2025:KHC:18067 WP No. 34825 of 2024 07/12/2024, ISSUED BY THE 2ND RESPONDENT VIDE ANNEXURE-A AS THE SAME IS ILLEGAL AND WITHOUT THE AUTHORITY OF LAW AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER This petition has been filed by the tenant in property No.14/1 seeking for issuance of writ or order in the nature of certiorari to set aside the notice at Annexure-A, whereby, respondent - BBMP has recorded that in light of violation of building plans, steps would be taken for cancellation of trade licence. 2. This Court by order dated 02.05.2025 has disposed off Writ Petition No.18208 of 2024 upholding the order passed under 248(3) as upheld by the Chief Commissioner in Appeal No.160 of 2023. 3. Insofar as trade licence is concerned, it must be noticed that as rightly pointed out by the respondent - BBMP after 31.03.2025, fresh licence has to be applied. Accordingly, it is to be observed that the question of adjudication would not - 3 - NC: 2025:KHC:18067 WP No. 34825 of 2024 arise, as fresh licence has to be obtained after the period of 31.03.2025. 4. Needless to state the Apex Court in a case of Rajendra Kumar Barjatya and Another Vs U.P. Avas Evam Vikas Parishad and Others - 2024 SCC Online SC 3767, in terms of its direction at paragraph-21(vi) has observed that the question of granting permission/licence to conduct any business would not arise in a case of unauthorised building. The direction at paragraph-21(vi) reads as follows: "21(vi) No permission/licence to conduct any business/trade must be given by any authorities including local bodies of States/Union Territories in any unauthorized building irrespective of it being residential or commercial building." 5. In light of the same, even on merits, the petitioner is not entitled for extension of any relief. Accordingly, the said writ petition is rejected. Sd/- (S SUNIL DUTT YADAV) JUDGE *bgn/-