- 1 - HC-KAR NC: 2025:KHC-D:8000 WP No. 103869 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 103869 OF 2025 (GM-RES) BETWEEN: SOUTH INDIA AMUSMENT’S, A SOLE PROPRIETORSHIP CONCERN, REPRESENTED BY ITS PROPRIETOR, SHRI S. SHIVKUMAR S/O. SHAMBHULINGAPPA, AGE: 57 YEARS, OCC: BUSINESS, R/O. MOODAGERI, TAL: CHIKMAGALUR, DIST: CHIKMAGALUR-577 132. …PETITIONER (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA, PUBLIC WELFARE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER, BELAGAVI, TAL AND DIST: BELAGAVI-583 225. 3. THE ASSISTANT COMMISSIONER, GOKAK, TAL: GOKAK, DIST: BELAGAVI-591 307. 4. THE TAHSILDAR, GOKAK, TAL: GOKAK, DIST: BELAGAVI-591 307. 5. CITY MUNICIPAL COUNCIL, GOKAK, TAL: GOKAK, DIST: BELAGAVI-591 307, REPRESENTED BY COMMISSIONER. 6. CHIEF MEDICAL OFFICER, CIVIL HOSPITAL, GOKAK, TAL: GOKAK, DIST: BELAGAVI-591 307. VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8000 WP No. 103869 of 2025 7. ASSISTANT EXECUTIVE ENGINEER, PWD DEPARTMENT, GOKAK, TAL: GOKAK, DIST: BELAGAVI-591 307. 8. DEPUTY SUPERINTENDENT OF POLICE, GOKAK, TAL: GOKAK, DIST: BELAGAVI-591 307. …RESPONDENTS (BY SRI. S.V. MAGADUM, AGA FOR R1-R4 AND R6-R8) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT AUTHORITIES TO GRANT THE PERMISSION TO SET UP AND ESTABLISH THE AMUSEMENT ACTIVITY STALL IN THE PROPERTY BEARING RS.NO.145E/4B SITUATED IN GOKAK, BELAGAVI DISTRICT AS PER THE APPLICATIONS/REPRESENTATIONS DATED 17/04/2025 SUBMITTED BY THE PETITIONER VIDE ANNEXURE-B, B1 AND B2 AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Heard learned counsel for the petitioner and the learned AGA appearing on behalf of respondent Nos.1 to 4 and 6 to 8. 2. Counsel for the petitioner submits that he has taken out notice by way of hand summons to respondent No.5. 3. It is case of the petitioner that the petitioner is a proprietary concern engaged in the business of carrying - 3 - HC-KAR NC: 2025:KHC-D:8000 WP No. 103869 of 2025 out amusement activities at different places in India wherever annual fairs and exhibitions are conducted. The petitioner is running a business in the name and style of ‘South India Amusement’s’. The petitioner submits that it has necessary expertise and equipment in conducting such amusement activities. 4. It is further submitted by the learned counsel for the petitioner that a periodic fair of Mahalakshmi Temple in Gokak is being conducted every five years. He submits that due to Covid Pandemic-2020, the fair is conducted after 10 years from 30.06.2025. As such, people from several places of India are competing to get a place to establish their respective stalls and the said process is said to have started from last six to seven months. The petitioner identified a place to set up his amusement activity stall and entered into a temporary rent agreement dated 19.12.2024 with the owner of the property bearing R.S.No.145E/4B situated at Gokak. It is submitted that the petitioner has applied for necessary - 4 - HC-KAR NC: 2025:KHC-D:8000 WP No. 103869 of 2025 permissions from the respondent No.4-Tahasildar on 17.04.2025. The 4th respondent forwarded the application of the petitioner to respondent Nos.5 to 8 for verification of the documents vide letter dated 21.04.2025 and to submit the report. Since there was no response, the petitioner once again made a request to the 4th respondent-Tahasildar vide letter dated 16.06.2025. Despite repeated follow ups, the respondent-authorities have neglected to act upon the application/representation made by the petitioner. Left with no other alternative, the petitioner is before this Court seeking a writ of mandamus for a direction to the respondent-authorities to grant permission to set up the amusement activity stall in the property bearing R.S.No.145E/4B situated in Gokak. 5. Learned AGA representing the State submits that the applications/representations so made by the petitioner would be considered in accordance with law. Under the circumstances, I pass the following: - 5 - HC-KAR NC: 2025:KHC-D:8000 WP No. 103869 of 2025 ORDER i. Petition is allowed. ii. Writ of mandamus is issued directing the respondent-authorities to consider the application/representation of the petitioner dated 17.04.2025, strictly in accordance with law. iii. The said exercise shall be conducted on or before 28.06.2025. Sd/- (PRADEEP SINGH YERUR) JUDGE KGK CT-MCK List No.: 1 Sl No.: 107