- 1 - HC-KAR NC: 2025:KHC-D:8427 WP No. 104334 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 104334 OF 2025 (GM-POLICE) BETWEEN: 1. SMT. VIDYA W/O. RAMESH UDAPUDI, AGE: 38 YEARS, OCC: BUSINESS, PARTNER OF ‘V.R. ENTERPRISES’ C/O. SHOP NO.2, BUILDING NO.7, C-BLOCK, AKSYAY COLONY, OPP. NALANDA COLLEGE, VIDYANAGAR, HUBBALLI. 2. SMT. CHANDINI G.S., AGE: 37 YEARS, OCC: BUSINESS, PARTNER OF ‘V.R. ENTERPRISES’ C/O. SHOP NO.2, BUILDING NO.7, C-BLOCK, AKSYAY COLONY, OPP. NALANDA COLLEGE, VIDYANAGAR, HUBBALLI. …PETITIONERS (BY SRI. ROHIT L. SHEELVANT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU. 2. THE COMMISSIONER OF POLICE, HUBLI-DHARWAD, DHARWAD DISTRICT, DHARWAD. 3. POLICE SUB INSPECTOR, GOKUL ROAD POLICE STATION, GOKUL ROAD, HUBBALLI. …RESPONDENTS (BY SRI. S.V. MAGADUM, AGA) VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8427 WP No. 104334 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTIONS DIRECTING THE RESPONDENTS NOT TO INTERFERE WITH DAY TODAY BUSINESS OF THE PETITIONERS I.E., ‘BASKIN AND ROBBINS’ (SCOOPS, THICK SHAKES AND CAKES) SITUATED AT SHOP NO.2, BUILDING NO.7, C-BLOCK, AKSHAY COLONY, OPP. NALANDA COLLEGE VIDYANAGAR, HUBBALLI AND PERMIT THE PETITIONERS TO RUN THE BUSINESS TILL 1.00 AM AS PER THE NOTIFICATION/OFFICIAL MEMORANDUM DATED 19/09/2024 PRODUCED AT ANNEXURE-E AND ALSO AS PER THE DIRECTIONS ISSUED BY THIS HON’BLE COURT IN WP NO.106364/2024 (GM- POLICE) AND WP NO.101889/2025 (GM-POLICE) PRODUCED AT ANNEXURE-D AND D1, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Heard learned counsel Sri. Rohit L. Sheelvant for the petitioners and the learned AGA Sri. S.V.Magadum for the respondents-State. 2. It is the case of the petitioners that the petitioners are running a business under the name and style of “V.R. Enterprises i.e. Baskin & Robbins” situated at shop No.2, Building No.7, C-Block, Akshay Colony, opposite Nalanda College, Vidyanagar, Hubballi. It is submitted by - 3 - HC-KAR NC: 2025:KHC-D:8427 WP No. 104334 of 2025 the petitioners that they are carrying on business of ice cream, scoops, thick shakes and cakes, which is situated in the prime location and many students, customers/families and public visit the shop after having dinner and rely on such establishments for a break for refreshment. Therefore, they submit that running of the shop late night is very much necessary. It is further submitted by the petitioners that the police officials are insisting the petitioners to close down the business at 10.00 p.m. and are threatening and forcibly closing the shop within 10.00 p.m. Aggrieved by the act of respondent No.3, which is illegal and arbitrary, the petitioners have approached this Court for a direction restraining the respondents not to interfere with the day-to- day business of the petitioners. 3. Learned counsel for the petitioners submits that the issue in the present case is squarely covered by the judgment of the Co-ordinate Bench of this Court in W.P. No.103753/2024 which reads as under: - 4 - HC-KAR NC: 2025:KHC-D:8427 WP No. 104334 of 2025 “3. The petitioner is conducting business in the name and style “Woop Natural” ice cream, juice and food items since 2024. The petitioner has obtained a licencee from Food Safety and Standards Authority of India. The petitioner has knocked the doors of this Court as the respondents are insisting the petitioner not to conduct his business beyond 10.00 p.m. The petitioner being a citizen having secured licence from the competent authority is entitled to carry out his business as enshrined under Article 19(g) of the Constitution of India. 4. The right to conduct business is a fundamental right guaranteed under Article 19(1)(g) of the Constitution of India, which states that all citizens shall have the right to practice any profession, or to carry on any occupation, trade, or business. This right, however, is subject to reasonable restrictions that the state may impose in the interest of the general public. 5. In the present case, the petitioner has been conducting a legitimate business with all necessary licenses from the competent authorities. The Constitution ensures that a citizen cannot be arbitrarily deprived of their right to carry on a business, provided it is lawful and does not contravene public order, morality, or health. 6. The Court recognizes that while public safety is paramount, it cannot be used as a pretext to impose arbitrary restrictions on a business, especially when there are no statutory provisions supporting such restrictions. The state's responsibility to maintain law and order must be balanced against the individual's right to pursue a livelihood. 7. Thus, any restriction imposed must be reasonable, justified, and within the framework of the law. In this case, the respondents' insistence on early closure of the business lacks legal backing and does not constitute a - 5 - HC-KAR NC: 2025:KHC-D:8427 WP No. 104334 of 2025 reasonable restriction as envisaged under the Constitution. This Court deems it fit to protect petitioner's right to operate his business beyond the imposed hours, reaffirming the protection of fundamental rights against arbitrary administrative actions. 8. The learned HCGP, on query as to whether there are any restrictions in carrying the business more particularly regarding time stipulation, he would fairly submit that the law does not prohibit a businessman to carry his business beyond 10.00 p.m. However, he would point out that it is the centre place where the shop of the petition is located and it is a very sensitive place. Therefore, to avoid any untoward incident, the respondents are insisting the businessmen in surrounding areas to close their shops before 11.30 p.m. 9. Having examined the records, this Court is not inclined to accede to the arguments advanced by the learned HCGP. There are no restrictions and embargo on a businessman with regard to time of business hours under any Act. The respondent officials under the garb of public safety and law and order cannot deprive a citizen from carrying out his business during late hours. Admittedly, the petitioner is running ice cream parlor. This Court is unable to understand as to how the running of ice-cream parlor would cause any threat to public. For the foregoing reasons, the court passes the following: ORDER i. The writ petition is allowed. ii. The respondent-police officials are hereby directed not to restrict the business hours of the petitioner in respect of “Woop Natural” ice cream, juice and food items Shop No.UG-9 Marvel Signet, Shirur Park, Main Road, Vidya Nagar, Hubballi to carry out business of ice cream, juice and food items only till 10.00 p.m. everyday. - 6 - HC-KAR NC: 2025:KHC-D:8427 WP No. 104334 of 2025 iii. In view of disposal of the petition, pending interlocutory application, if any, do not survive for consideration and are disposed of accordingly.” The only difference between the two is the name of the Brand - Ice Cream, before the Co-ordinate Bench it was “Woop Natural Ice Cream” and in subject petition it is “V.R. Enterprises i.e. Baskin & Robbins”. Accordingly, I pass the following: ORDER i. The writ petition is allowed. ii. The respondents-Police Officials are hereby directed not to restrict the business hours of the petitioners in respect of “V.R. Enterprises i.e. Baskin & Robbins, Akshay colony, Opp. Nalanda College, Vidyanagar, Hubballi”, to carry out business of ice cream parlour, cakes, shakes only till 10.00 p.m. everyday. iii. Respondents are at liberty to initiate action if any illegal/unlawful activities are carried out by - 7 - HC-KAR NC: 2025:KHC-D:8427 WP No. 104334 of 2025 the petitioners. Needless to mention, the same shall be in accordance with law. Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE Kmv CT-MCK