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2025 DAILYLAW 41489 (KAR)

SMT GEETHA A v. MYSURU DISTRICT CO OPERATIVE MILK FEDERATION

WP/16727/2025 · 2025-10-28

M G Uma

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42938 WP No. 16727 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 16727 OF 2025 (CS-RES) BETWEEN: SMT. GEETHA .A AGED ABOUT 42 YEARS W/O M. RAVI R/O NO.1079 34TH CROSS, 4TH MAIN VIDYARANYAPURAM, MYSURU MYSURU DISTRICT - 570 008. …PETITIONER (BY SRI: KRISHNAPPA .M., ADVOCATE) AND: 1. MYSURU DISTRICT CO-OPERATIVE MILK FEDERATION (NANDINI MILK PARLOUR) BANNUR ROAD, ALANAHALLI POST MYSURU - 570 028. REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE MANAGER (MARKETING) MYSURU DISTRICT CO-OPERATIVE MILK FEDERATION BANNUR ROAD, ALANAHALLI POST MYSURU - 570 028. …RESPONDENTS (BY SRI: SUMANTH L. BHARADWAJ, ADVOCATE FOR R1 & 2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 27-5-2025 BEARING NO. MY SA HAA O/MA.V/N.KSHI.KEM/2025-26 AS AT ANNEXURE-C ISSUED BY RESPONDENT NO.2, AND CONSEQUENTLY A DIRECTION, DIRECTING THE RESPONDENTS TO RESTORE THE VACANT POSSESSION OF THE RENOVATED SHOP SITUATED AT THE OLD DISTRICT AND SESSIONS Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42938 WP No. 16727 of 2025 JUDGES COURT PREMISES, MYSORE AND PERMIT HER TO CONTINUE TO DO HER BUSINESS IN NANDINI MILK PARLOUR BY SUPPLYING HER ALL THE MILK AND MILK ITEMS SO AS TO ENABLE HER TO SELL THE SAME AS WAS BEING DONE EARLIER TO THE LITIGANT PUBLIC ADVOCATES AND COURT STAFF AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER The petitioner has approached this Court seeking issuance of writ in the nature of certiorari to quash the order dated 27.05.2025 issued by respondent No.2, produced as per Annexure-C and to direct the respondents to restore vacant possession of the renovated shop situated at the Old District and Sessions Judges Court premises, Mysuru and permit her to carry on business in Nandini Milk Parlour as she used to do earlier. 2. Heard Sri M Krishnappa, learned counsel for the petitioner and Sri Sumanth L Bharadwaj, learned counsel for respondent Nos.1 and 2. Perused the materials on record. 3. It is the contention of the petitioner that the she was provided with milk vending shop situated in the District Court complex, Mysuru, subject to certain conditions. She was - 3 - HC-KAR NC: 2025:KHC:42938 WP No. 16727 of 2025 running business since 18 years. The petitioner was asked to vacate the premises on the ground that said premises is dilapidated and it requires renovation and the petitioner vacated the premises. Even after renovation of the premises, the same was not handed over to the petitioner for carrying on the business. On the other hand, Annexure-C dated 27.05.2025 was issued canceling the licence to carry on business in the said premises, which has been challenged in the petition. 4. It is the contention of learned counsel for the petitioner that prior to issuing Annexure-C, no proper notice was issued and principles of natural justice is denied and hence, Annexure-C is to be quashed. 5. Learned counsel for the respondents contended that Annexure-R16 was served on the husband of the petitioner, the same is admitted by the petitioner and the petitioner has not given any reply to Annexure-R16 dated 16.12.2023. But, however, the fact remains that for morethan a year, respondents have not taken any action on the basis of Annexure-R16. On the other hand, learned counsel for the respondents produced Annexure-R17 - notice dated - 4 - HC-KAR NC: 2025:KHC:42938 WP No. 16727 of 2025 01.04.2025. It is the specific contention of the petitioner that Annexure-R17 was never served on the petitioner. Respondents have produced the copy of notice along with courier receipt. Mere production of the receipt and the status report, for having booked courier will not support the case of the respondents for having served notice on the petitioner. 6. Learned counsel for the respondents submits that the respondents will serve notice afresh to hold an enquiry against the petitioner. Learned counsel for the petitioner has no objection to participate in the said enquiry if handing over the possession of the premises in question for vending Nandini Milk parlour is subject to the result of enquiry to be held. 7. In view of the above, I proceed to pass the following: ORDER (i) Writ Petition is disposed off. (ii) Respondent Nos.1 and 2 are permitted to serve notice on the petitioner and hold enquiry about the allegations made against her, by affording reasonable opportunity. - 5 - HC-KAR NC: 2025:KHC:42938 WP No. 16727 of 2025 (iii) The enquiry shall be concluded within a reasonable time i.e., atleast within three months and handing over of the possession of Milk parlour to the petitioner shall be subject to the result of enquiry to be held. Sd/- (M G UMA) JUDGE *bgn/- CT:VS List No.: 2 Sl No.: 17