- 1 - HC-KAR NC: 2025:KHC:28866 WP No. 17055 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.17055 OF 2025 (LB-RES) BETWEEN: 1. SHIVASHANKAR LAYOUT WELFARE ASSOCIATION (REG) NO.65, 4TH MAIN ROAD SHIVASHANKAR LAYOUT KATTIGENAHALLI BYATARAYANAPURA ZONE YELAHANKA, BENGALURU-560 063 REPRESENTED BY ITS PRESIDENT SRI. A.N. SRINIVASA S/O SRI. NARASIMHABHATRACHAR AGED 55 YEARS. …PETITIONER (BY SRI. NAIK NARAYAN MASTAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ADDL. PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA, BENGALURU-01. 2. THE COMMISSIONER BRUHATH BENGALURU MAHANAGAR PALIKE CORPORATION CIRCLE BENGALURU- 560 009. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28866 WP No. 17055 of 2025 3. THE JOINT COMMISSIONER BRUHAT BANGALORE MAHANAGAR PALIKE YELAHANKA ZONE, BYATARAYANPURA DIVISION BENGALURU-560 064. 4. ASSISTANT EXECUTIVE ENGINEER BRUHATH BANGALORE MAHANAGAR PALIKE DASARAHALLI ZONE BYATARAYANAPURA WARD BENGALURU-560 024. 5. HEALTH OFFICER, OFFICE OF THE HEALTH OFFICER BRUHAT BANGALORE MAHANAGAR PALIKE YELAHANKA ZONE BYATARAYANPURA DIVISION BENGALURU-560 064. …RESPONDENTS (BY SRI H.K. KENCHEGOWDA, AGA FOR R.1. SMT. RAMYA N. HIRIYUR, ADVOCATE FOR SRI B.S. KARTHIKEYAN, ADVOCATE FOR R.2 TO R.5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT NOs.1 TO 5 TO GIVE EFFECT TO THE CLOSURE NOTICE BEARING NO.BBMP/YA.VA/AGED ABOUT.VYA(BYA.VI)/PR/52/2024-25 DATED 30.05.2024 ISSUED BY RESPONDENT NO.5 PRODUCED AT ANNEXURES-K, L AND M, ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:28866 WP No. 17055 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioner is a Residential Welfare Association of certain persons residing in Shivashankar Layout, Kattigenahalli, Byatarayanapura Zone, Yelahanka. On the ground that certain persons are running commercial establishments in residential premises in the said Shivashankar layout, the petitioner-association has made representation to respondent Nos.2 to 5. Based on the request of petitioner, notices have been issued to certain persons who are running commercial establishments in the residential buildings. On the ground that the same has not been taken to its logical end by respondent Nos.2 to 5, the present writ petition is filed with a prayer seeking direction to respondent Nos.2 to 5 to act in furtherance of the notices and subsequent orders passed by them. 2. Learned counsel appearing for respondent Nos.2 to 5, upon instruction submits that appropriate - 4 - HC-KAR NC: 2025:KHC:28866 WP No. 17055 of 2025 action will be initiated against those persons who are illegally running commercial establishments in a residential zone. Her submission is placed on record. 3. However, it is noticed that the petitioner has not included the parties against whom the orders passed by respondents are sought to be acted against. The affected persons are just and necessary parties. 4. No doubt commercial establishments, unless expressly permitted by law, cannot be permitted to run in a residential premise and respondent Nos.2 to 5 are bound to act against them in accordance with law. However as the affected persons are not made a party to the writ petition, the respondents are hereby directed to act against the alleged commercial establishments in Shivashankar Layout, who are alleged to have been running commercial unit in a residential zone, only after - 5 - HC-KAR NC: 2025:KHC:28866 WP No. 17055 of 2025 giving them an opportunity of hearing in accordance with law. 5. The writ petition is disposed of accordingly. Sd/- (M.I.ARUN) JUDGE PGG