- 1 - HC-KAR NC: 2025:KHC:30876 WP No. 22763 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 22763 OF 2025 (LB-BMP) BETWEEN: 1. SRI. K.HARI PRASAD S/O SRI. K. GOPAL AGED ABOUT 40 YEARS R/AT NO.160, CONCORDE CUPPERTINO NEELADHRI ROAD, ELECTRONIC CITY PHASE-1, BENGALURU-560 100. …PETITIONER (BY SRI. BALARAJ V.R., ADVOCATE) AND: 1. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE HURDSON CIRCLE, BENGALURU-560 002. 2. THE OFFICE OF THE HEALTH OFFICER MAHADEVAPURA DIVISION BRUHAT BENGALURU MAHANAGARA PALIKE BENGALURU-560 048. …RESPONDENTS (BY SRI. PAWAN KUAMR, ADVOCATE) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE IN NO.¨ÉA.ªÀÄ.£À.¥Á/D.ªÉÊ/ªÀÄ.«/¦.Dgï/131/2025- Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30876 WP No. 22763 of 2025 2026 DATED 09.07.2025 ISSUED BY RESPONDENT NO.2 AS PER ANNEXURE-A AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioner is said to be owner of site No.13, BBMP Khata No.174/169 situated at Pattanduru Agrahara Village, K.R.Puram Hobli. On the ground that the property has to be used for residential purposes only, but the petitioner is utilizing the property for non-residential purposes, a show cause notice has been issued to the petitioner calling upon to close down the non-residential activity carried on in the premises. Aggrieved by the same, the present writ petition is filed. 2. The case of the petitioner is that it is not carrying out any illegal activity in the premises and if a reasonable opportunity is given, he would show cause why action should not be taken against him. - 3 - HC-KAR NC: 2025:KHC:30876 WP No. 22763 of 2025 3. Learned counsel for the respondents submits that what has been issued is only a show cause notice and if the petitioner were to reply for the same showing that there is no illegal activity, no action will be taken. But, if it is seen that any impermissible activity is being carried out in the premises, then suitable action will be initiated in accordance with law. 4. Under the circumstances, it would be appropriate to given reasonable time to the petitioner to file his reply to respondents and direct the respondents to consider the reply of the petitioner and thereafter, initiate appropriate action in accordance with law. Hence, the following: ORDER (i) Two weeks time from today is granted to the petitioner to submit a suitable reply to respondent no.2; (ii) Upon receipt of the same, respondent no.2 shall consider the case of the petitioner in accordance with law and pass appropriate orders; (iii) Till such time, no precipitate action shall be taken against the petitioner; - 4 - HC-KAR NC: 2025:KHC:30876 WP No. 22763 of 2025 (iv) The writ petition is disposed of accordingly. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 2