- 1 - NC: 2025:KHC-D:3480 WP No. 105572 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105572 OF 2023 (LB-RES) BETWEEN: 1. SRI SANJAY S/O YASHWANT GHORPADE AGE. 43 YEARS, OCC. ADVOCATE, R/O. GOVINDPUR GALLI, MUDHOL, TQ. MUDHOL, DIST. BAGALKOTE 587313. 2. SAVITA W/O GANESH MANE AGE. 48 YEARS, OCC. HOUSEHOLD, R/O. GOVINDPUR GALLI, MUDHOL, TQ. MUDHOL, DIST. BAGALKOTE 587313. 3. PHOSHARAM JAGATI AGE. 45 YEARS, OCC. BUSINESS, R/O. GOVINDPUR GALLI, MUDHOL, TQ. MUDHOL, DIST. BAGALKOTE 587313. 4. LAXMAN S/O BACHAPPA DEVADIGA AGE. 65 YEARS, OCC. BUSINESS, R/O. GOVINDPUR GALLI, MUDHOL, TQ. MUDHOL, DIST. BAGALKOTE 587313. 5. SMT. LAXMIBAI W/O MARUTI GORPADE AGE. 70 YEARS, OCC. HOUSEHOLD, R/O. GOVINDPUR GALLI, MUDHOL, TQ. MUDHOL, DIST. BAGALKOTE 587313. …PETITIONERS (BY SRI KOTRESH V. HUBBALLI, ADVOCATE) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.21 16:31:08 +0530 - 2 - NC: 2025:KHC-D:3480 WP No. 105572 of 2023 AND: 1. THE COMMISSIONER CITY MUNICIPAL COUNCIL, MUDHOL. 2. GULAB S/O SHABBIR BIDIWALE, AGE: 29 YEARS, OCC: BUSINESS, R/O GOVINDPUR GALLI, MUDHOL, TQ. MUDHOL, DIST. BAGALKOTE-587313 …RESPONDENTS (BY SRI R.K.KULKARNI, ADVOCATE FOR R1, SRI. SHRIHARSH A. NEELOPANT, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES OF 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT OF MANDAMUS MAY KINDLY BE ISSUE DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATION AT ANNEXURE-J, GIVEN BY THE PETITIONERS AND FURTHER DIRECT THE RESPONDENT NO.1 TO CLOSE THE UNAUTHORIZED CHICKEN SHOP SET UP IN THE PETITIONERS LOCALITY BY THE RESPONDENT NO.2. THIS PETITION IS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: “Issue a writ of mandamus may kindly be issue directing the respondent to consider the representation at Annexure-J, given by the petitioners and further direct the respondent No.1 to close the unauthorized chicken shop set up in the petitioners’ locality by the respondent No.2.” - 3 - NC: 2025:KHC-D:3480 WP No. 105572 of 2023 2. The grievance of the petitioner is that respondent No.2 is running an unauthorized chicken shop without obtaining any licence from respondent No.1 and respondent No.1 despite repeated applications have been given has not taken any action. 3. Sri R.K.Kulkarni., learned counsel appearing for respondent No.1 submits that a suit has been filed by respondent No.2 against respondent No.1 in O.S.No.102/2022 on the file of Prl. Civil Judge and JMFC., Mudhol wherein an order of injunction has been passed and as such, respondent No.1 is unable to take any action against respondent No.2. His submission is that written statement had been filed in the said suit and an application under Rule 11 Order VII of the Code of Civil Procedure would be filed for rejection of the plaint and for vacating of the interim order and thereafter, action would be taken. 4. Placing his submission on record, petition stands disposed of. - 4 - NC: 2025:KHC-D:3480 WP No. 105572 of 2023 5. In view of disposal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT:GSM List No.: 1 Sl No.: 25