Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 52488 (KAR)

M SATISHCHANDRA SHETTY S/O M LOKAYYA v. THE STATE OF KARNATAKA

WP/105107/2025 · 2025-10-27

Anant Ramanath Hegde

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:14311 WP No. 105107 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 105107 OF 2025 (LB-RES) BETWEEN: M. SATISHCHANDRA SHETTY S/O M. LOKAYYA, AGE. 75 YEARS, OCC. BUSINESS, R/O. VIDYANAGAR, 2ND CROSS, HOSUR, TQ. HUBLI, DIST. DHARWAD. … PETITIONER (BY SRI. SADIQ N. GOODWALA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, BY ITS PRINCIPAL SECRETARY, VIDHAN SOUDHA, BENGALURU-560 001. 2. HUBLI-DHARWAD MUNICIPAL CORPORATION, BY ITS COMMISSIONER, DIST. DHARWAD-580 020. 3. THE ASSISTANT COMMISSIONER, HUBLI-DHARWAD MUNICIPAL CORPORATION, ZONAL NO.1, HUBBALLI, DIST. DHARWAD. … RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1; SRI. MALLIKARJUNSWAMY B. HIREMATH AND SRI. GIRISH S.HULMANI, ADVOCATES FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT IN A NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 24.07.2025 PASSED BY RESPONDENT NO.2 IN NO.HDMC/L/2025-26 VIDE ANNEXURE-B. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14311 WP No. 105107 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioner and the learned counsel appearing for respondents No.2 and 3 as well as the learned Additional Government Advocate for respondent No.1. 2. The petition is filed assailing the order marked at Annexure-B in terms of which the Commissioner, Hubli-Dharwad Corporation has cancelled the trade license issued to the petitioner. 3. Learned counsel appearing for the petitioner would submit that before cancelling the licence, the petitioner was not heard and order is passed in violation of principles of natural justice. 4. Learned counsel appearing for the respondents would contend that on 16.07.2025 in W.P.No.104563/2025, this Court directed the petitioner to issue reply to the show-cause notice issued by respondent No.2 in the said petition and the petitioner - 3 - HC-KAR NC: 2025:KHC-D:14311 WP No. 105107 of 2025 did not issue reply to the show-cause notice despite the direction issued by this Court and despite the communication addressed by respondents No.2 and 3. Thus, it is urged that the petitioner cannot complain that the principles of natural justice have been violated. 5. Learned counsel for the petitioner submits that since the petitioner had not received the copy of the order passed by this Court in W.P.No.104563/2025, he sought time to file objection. However, the impugned order is passed even before the petitioner received the copy of the order. 6. Since it is submitted that the copy of the order was not furnished to the petitioner, without considering the objection relating to the alternative remedy available to the petitioner and without recording a finding that the writ petition is maintainable, despite alternative remedy, the petition is disposed of with a direction to 2nd respondent to hear the petitioner. 7. The petitioner shall appear before 2nd respondent on 03.11.2025 at 2:30 p.m. - 4 - HC-KAR NC: 2025:KHC-D:14311 WP No. 105107 of 2025 8. It is made clear that the petitioner need not wait for the copy of this order and file objection appear before the authority on 30.10.2025. 9. All contentions kept open. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 48