- 1 - HC-KAR NC: 2025:KHC-D:7976 WP No. 101851 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. 101851 OF 2025 (GM-POLICE) BETWEEN: SRI. RAJESH SHINDE S/O. SHIVAJI SHINDE, C/O. SHIVAJI SHINDE, AVALAKI ONI, NEAR NO.3 GOVT. SCHOOL, MADIHAL, DHARWAD-06, AGE: 29 YEARS, OCC: BUSINESS, (APSARA ICE CREAM PARLOUR) FRANCHISE OWNER, APSARA ICE CREAMS, GROUND FLOOR, KALBURGI ESSENCE, OPP. FOCUS MART, SHIRUR PARK ROAD, HUBBALLI-21. …PETITIONER (BY SRI. B.D. NARASAGOND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHAN SOUDHA, BANGALORE-01. 2. COMMISSIONER OF POLICE, HUBBALLI-DHARWAD, DISTRICT: DHARWAD-20. 3. THE INSPECTOR OF POLICE (CPI), GOKUL ROAD POLICE STATION, HUBBALLI-21. …RESPONDENTS (BY SRI. S.V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1. ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHERS APPROPRIATE WRIT, ORDER OR DIRECTIONS DECLARING THAT THE RESPONDENTS HAVE NO AUTHORITY VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7976 WP No. 101851 of 2025 TO RESTRICT THE BUSINESS HOURS OF THE PETITIONER VIZ STYLE “APSARA ICE CREAMS”, SITUATED AT FRANCHISE OWNER, APSARA ICE CREAMS, GROUND FLOOR, KALBURGI ESSENCE, OPP. FOCUS MART, SHIRUR PARK ROAD HUBBALLI- 21. TILL 10 PM ONLY IN THE INTEREST OF JUSTICE AND EQUITY. 2. ISSUE A WRIT OR ANY OTHER APPROPRIATE ORDER OR DIRECTIONS RESTRAINING THE RESPONDENTS FROM INTERFERING WITH DAY TODAY BUSINESS OF THE PETITIONER VIZ “APSARA ICE CREAMS”, SITUATED AT FRANCHISE OWNER, APSARA ICE CREAMS GROUND FLOOR, KALBURGI ESSENCE, OPP. FOCUS MART, SHIRUR PARK ROAD, HUBBALLI-21. ONLY IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Heard learned counsel Sri.B.D.Marasagond for the petitioner and the learned AGA Sri.S.V.Magadum for the respondents-State. 2. It is the case of the petitioner that the petitioner is running a business under the name and style of “Apsara Ice Creams” situated at Ground Floor, Kalburgi Essence, Opp.Focus Mart, Shirur Park Road, Hubballi. It is submitted by the petitioner that it is running an Ice Cream shop, which is situated in the prime location and many students, IT professionals visit the shop after their classes - 3 - HC-KAR NC: 2025:KHC-D:7976 WP No. 101851 of 2025 or late night and rely on such establishments for a break for refreshment. Therefore submits that running of the shop late night is very much necessary. It is further submitted by the petitioner that the police officials are insisting the petitioner to close down the business at 10.00 p.m. and are threatening and forcibly closing the shop within 10.30 p.m. Aggrieved by the act of respondent No.3, which is illegal and arbitrary, the petitioner has approached this Court for a direction restraining the respondents not interfere with the day-to-day business of the petitioner. 3. Learned counsel for the petitioner submits that the issue in the present case is squarely covered by the judgment of the Coordinate Bench of this Court in W.P.No.103753/2024, which reads as under: “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 - 4 - HC-KAR NC: 2025:KHC-D:7976 WP No. 101851 of 2025 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 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 - 5 - HC-KAR NC: 2025:KHC-D:7976 WP No. 101851 of 2025 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. iii. In view of disposal of the petition, pending interlocutory application, if any, do not survive for consideration and are disposed of accordingly.” 3. The only difference between the two is the name of the Brand - Ice Cream, before the Coordinate Bench it was “Woop Natural Ice Cream” and in subject petition it is “Apsara Ice Creams”. Accordingly, I pass the following: - 6 - HC-KAR NC: 2025:KHC-D:7976 WP No. 101851 of 2025 ORDER i. The writ petition is allowed. ii. The respondents-Police Officials are hereby directed not to restrict the business hours of the petitioner in respect of “Apsara Ice Creams, Ground Floor, Kalburgi Essence, Opp.Focus Mart, Shirur Park Road, Hubballi”, to carry out business of ice cream parlour, juice and food items only till 10.30 p.m. everyday. iii. Respondents are at liberty to initiate action if any illegal/unlawful activities are carried out by the petitioner. Needless to mention, the same shall be in accordance with law. iv. Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE KGK /CT-MCK List No.: 1 Sl No.: 142