Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:49209 WP No. 18201 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.18201 OF 2023 (GM-POLICE) BETWEEN:
M/S. H3 SMOOKHA LOUNGE VEGETARIAN / NON-VEGETARIAN RESTAURANT, #4722, NEAR SUZUKI MAIN ROAD, MYSURU - BENGALURU HIGHWAY, S.R. PATNA TOWN, AGRAHARA, SHRIRANGAPATTANA, MANDYA, KARNATAKA - 571 438 REP. BY ITS PROPRIETOR SMT. HEMA, W/O SRI. SANTHOSH B, AGED ABOUT 39 YEARS, R/AT #4983, 7TH MAIN, VIJAYANAGAR 2ND STAGE, MYSURU - 570 017. …PETITIONER (BY KUM. NIKHILA N, ADVOCATE FOR SRI. HARIPRASAD M B., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE - 560 001.
2.
THE SUPERINTENDENT OF POLICE H K VEERANNA GOWDA ROAD, MANDYA – 571 401
Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:49209 WP No. 18201 of 2023
3.
THE DEPUTY SUPERINTENDENT OF POLICE SRIRANGAPATNA SUB-DIVISION, SRIRANGAPATNA TALUK MANDYA DISTRICT – 571 438
4.
THE POLICE INSPECTOR SRIRANGAPATNA TOWN POLICE STATION, SRIRANGAPATNA, MANDYA DISTRICT – 571 438. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) ISSUE A WRIT OF CERTIORARI OR IN THE LIKE NATURE OF QUASHING THE IMPUGNED NOTICE DATED 21.07.2023, VIDE ANNEXURE-C, ISSUED BY THE RESPONDENT NO.4 POLICE AUTHORITY; ii) ISSUE WRIT OF MANDAMUS OR IN THE LIKE NATURE OF WRIT OF DIRECTION DIRECTING THE RESPONDENT AUTHORITIES TO REFRAIN FROM INTERFERING WITH THE BUSINESS ACTIVITIES OF THE PETITIONER RESTAURANT, IN ANY MANNER, WHATSOEVER, PERTAINING TO HARASSING OR THREATENING THE OWNER OR ANY OF THE WORKMEN OF THE PETITIONER RESTAURANT, IN ACCORDANCE TO LAW AND TO PROTECT THE INTEREST OF PETITIONER RESTAURANT BUSINESS IN TERMS OF ARTICLE 19(1)(g) OF THE CONSTITUTION OF INDIA; iii) ISSUE WRIT OF MANDAMUS, DIRECTING THE CONCERNED RESPONDENT AUTHORITIES TO REFRAIN ANY FURTHER ACTIVITIES AND SUCH INITIATIVES IN RESPECT OF COERCIVELY CLOSE THE PETITIONER RESTAURANT AND THEREBY PERMIT IT TO RUN BEYOND THE TIME LIMIT OF 11.00 PM AS PER PREVAILING RULES; iv) ISSUE ANY OTHER WRIT, ORDER OR DIRECTION IN FAVOUR OF THE PETITIONER, WHICH THIS HON’BLE COURT MAY DEEM FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
- 3 -
HC-KAR NC: 2025:KHC:49209 WP No. 18201 of 2023
ORAL ORDER
Heard the learned counsel appearing for the parties.
2. In this writ petition, the petitioner is assailing the notice dated 21.07.2023 (Annexure-C) issued by the respondent No.4.
3. Having heard the learned counsel appearing for the parties and the perusal of the notice would indicate that the petitioner is running the Bar and Restaurant/Wine Store, in Mysuru-Bengaluru Highway and he is having business even beyond late night. In this regard, respondent No.4 has directed the petitioner to end its business within 10:00 p.m. to 11:00 p.m. and the same has been challenged before this Court in the present writ petition.
4. Taking into consideration the factual aspects on record, as respondent No.4 has to take care of the law and order in the town, I am of the view that, no interference is called for in this writ petition. Accordingly, the writ petition is dismissed.
SD/- (E.S.INDIRESH) JUDGE
MEG List No.: 1 Sl No.: 15