- 1 - NC: 2025:KHC-D:3977 WP No. 101503 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101503 OF 2025 (LB-RES) BETWEEN: 1. DADAPEER S/O HANIFSAB DAVANAGERE AGE 52 YEARS OCC BUSINESS R/O SANGAMESHWAR NAGAR BYADGI, TQ: BYADGI DIST HAVERI 581106 2. HIDAYAT S/O MAJIDSAB HOLAL AGE 47 YEARS OCC BUSINESS R/O KATUGAR CHAWL BYADGI, TQ: BYADGI DIST HAVERI 581106 3. DASTGIRSAB S/O HANSANSAB DAVANAGERE AGE 46 YEARS OCC BUSINESS R/O SANGAMESHWAR NAGAR BYADGI, TQ: BYADGI DIST HAVERI 581106 4. AMZADKHAN S/O GOUSUSAB BADIGER AGE 39 YEARS OCC BUSINESS R/O ANSARI PLOT, BYADGI, TQ: BYADGI DIST HAVERI 581106 Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:3977 WP No. 101503 of 2025 5. ALTAFSAB S/O AJIZSAB ADOOR AGE 46 YEARS OCC BUSINESS R/O SANGAMESHWAR NAGAR BYADGI, TQ: BYADGI DIST HAVERI 581106 6. DADAPEER S/O HASANSAB MUJAWAR AGE 35 YEARS,OCC BUSINESS R/O: KOLLUR CAMP BYADGI, TQ: BYADGI DIST HAVERI 581106 7. AYUBSAB S/O MEHABOOBSAB KHAZI AGE 56 YEARS,OCC: BUSINESS R/O SANGAMESHWAR NAGAR BYADGI, TQ: BYADGI DIST HAVERI 581106 8. MUZIBULL MULLA S/O MAHAMMAD ASFAQ AGE 60 YEARS OCC BUSINESS R/O ISLAMPUR CHAWL BYADGI, TQ: BYADGI DIST HAVERI 581106 …PETITIONERS (BY SRI. AVINASH BANAKAR, ADVOCATE) AND: 1. THE DIRECTOR OF MUNCIPAL ADMINISTRATION AMBEDKAR VEEDHI BENGALURU 01 2. THE CHIEF OFFICER MUNCIPALITY BYADGI TQ: BYADGI, DIST HAVERI 581106 …RESPONDENTS (BY SRI.V.S. KALASURMATH., AGA FOR R1; SRI. HANUMANTHREDDY SAHUKAR., ADVOCATE FOR R2) - 3 - NC: 2025:KHC-D:3977 WP No. 101503 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASH THE IMPUGNED NTOICES DATED. 17.02.2025 BEARING NO. PUSABYA/AROGYA/VAHI-/2024-25 VIDE ANNEXURE-B TO B7 ISSUED BY RESPONDENT NO.2, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a. To issue a writ in the nature of certiorari quash the impugned notice’s dated 17.02.2025 bearing No. PuSaBya/Arogya/Vahi-/2024-25 vide Annexure-B to B7 issued by Respondent No.2, in the interest of justice and equity. b. Pass any other suitable order as this Hon’ble Court deems fit and proper in the nature of circumstances of the case in the interest of justice and equity. 2. The contention of the petitioners is that the petitioners have been forced to vacate the premises of CTS 1694, Byadgi Town where they were running a mutton shop to a location now chosen and fixed by respondent No.2 on the ground that the said area - 4 - NC: 2025:KHC-D:3977 WP No. 101503 of 2025 has been identified for setting up shops of meat and poultry. 3. The contention of Shri Avinash Banakar, learned counsel for the petitioners is that the said location is not feasible inasmuch as there is a temple located close by and there is a possibility of objections being raised by the neighbours of the said market at that time. 4. Sri.Hanumanthareddy Sahukar, learned counsel for respondent No.2 after obtaining instructions submit that the market has already been constructed and in that regard, he has filed a memo enclosing the photographs thereof, which has been taken on record. His submission is that there are 30 shops which have been set up exclusively for the purpose of meat and poultry business. Out of which, 4 shops have already been auctioned and if the petitioners were wishing to take up any particular shop, they could also participate in the said auction. His further submission is that the respondent No.2 has taken - 5 - NC: 2025:KHC-D:3977 WP No. 101503 of 2025 into account all and necessary applicable rules and obtained all permissions to set up the said market and the petitioners need not have any fear as regards any objection being raised in respect thereto and as such, he submits that the action taken by the Respondent being within their permissible administrative jurisdiction, this Court ought not to intercede. 5. Heard the learned counsel for the parties and perused papers. 6. As can be seen from the photographs which have been produced, there are large number of shops which have been constructed and more or less ready for occupation. The Municipality has designated a place for carrying out the business of meat and poultry work, which it is entitled to, to do under the Municipalities Act inasmuch as there are various aspects relating to meat and poultry business, which is required to be taken into account for the purpose of establishment of such shops. The Municipality - 6 - NC: 2025:KHC-D:3977 WP No. 101503 of 2025 having done so, I do not find any infirmity in the said order. Liberty is however reserved to the petitioner to take part in such auction as may be conducted by the Municipality for such shop as may be of interest to the petitioners. 7. With the above observations, the Writ Petition is disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 66