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2025 DAILYLAW 69906 (KAR)

SRI K R ANAND v. THE STATE OF KARNATAKA

WP/23597/2023 · 2025-12-02

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50119 WP No. 23597 of 2023 C/W WP No. 23528 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.23597 OF 2023 (GM-POLICE) C/W WRIT PETITION NO.23528 OF 2023 (GM-POLICE) IN WP No. 23597/2023 BETWEEN: 1. SRI K R ANAND S/O LATE K V RAJAGOPAL AGED ABOUT 53 YEARS R/A NO.600, VENKATAKRISHNA ROAD K R MOHALLA MYSURU-570024 HAVING SHOP AT M/S JUPITER STORE PLOT NO.261 HEBBAL INDUSTRIAL AREA HEBBAL, KASABA HOBLI MYSURU-570018. …PETITIONER (BY SRI. MAHADEVA R K.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY POLICE COMMISSIONER OFFICE OF THE POLICE COMMISSIONER NAZARABAD Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50119 WP No. 23597 of 2023 C/W WP No. 23528 of 2023 MYSURU CITY MYSURU-570010. 2. THE DEPUTY COMMISSIONER OF POLCIE (LAW AND ORDER) NAZARABAD MYSURU CITY, MYSURU-570010. 3. SUB INSPECTOR OF POLICE HEBBAL POLICE STATION MYSURU CITY, MYSURU-570016. 4. THE CHIEF FIRE OFFICER KARNATAKA FIRE AND EMERGENCY SERVICE HEBBAL FIRE STATION MYSURU CITY, MYSURU-570016. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO THE RESPONDENTS NO.1 TO 3 NOT TO INTERFERE IN PEACEFUL CONDUCT OF BUSINESS ACTIVITIES OF SALE OF CRACKERS IN ACCORDANCE WITH LAW. IN WP NO. 23528/2023 BETWEEN: 1. SRI. SUCHAKSHA A. S/O K. R. ANAND, AGED ABOUT 27 YEARS, PROPRIETOR OF M/S. JUPITER FORUM, RESIDING AT NO.600, VENKATAKRISHNA ROAD, - 3 - HC-KAR NC: 2025:KHC:50119 WP No. 23597 of 2023 C/W WP No. 23528 of 2023 K.R. MOHALLA, MYSURU-570 024. HAVING SHOP AT M/S. JUPITER FORUM, NO.262/A, HEBBAL INDUSTRIAL AREA, RANE MADRAS ROAD, BELAWADI POST, MYSURU-570018. ...PETITIONER (BY SRI. MAHADEVA R K.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY POLICE COMMISSIONER, OFFICE OF THE POLICE COMMISSIONER, NAZARABAD, MYSURU CITY, MYSURU-570 010. 2. THE DEPUTY COMMISSIONER OF POLICE (LAW AND ORDER) NAZARABAD, MYSURU CITY, MYSURU-570 010. 3. SUB-INSPECTOR OF POLICE HEBBAL POLICE STATION, MYSURU CITY, MYSURU-570016. 4. THE CHIEF FIRE OFFICER KARNATAKA FIRE AND EMERGENCY SERVICE, HEBBAL FIRE STATION, MYSURU CITY, MYSURU-570 016. ...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA ) - 4 - HC-KAR NC: 2025:KHC:50119 WP No. 23597 of 2023 C/W WP No. 23528 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NO.1 TO 3 NOT TO INTERFERE IN PEACEFUL CONDUCT OF BUSINESS ACTIVITIES OF SALE OF CRACKERS IN ACCORDANCE WITH LAW. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1 In these writ petitions, petitioners have sought for a direction to respondent Nos.1 to 3 not to interfere with the business activity of sale of crackers by the petitioners, being conducted in accordance with law. 2. It is submitted by Sri. R.K. Mahadeva, learned counsel appearing for the petitioners, that the petitioners are having licence to sell the crackers, yet the respondent Nos.1 to 3 are interfering with the business activity of the petitioners and accordingly, sought for interference of this Court. 3. Per contra, Sri. Mahantesh Shettar, learned Additional Government Advocate, submitted that, though the petitioners are having licence to sell the crackers, however the petitioners - 5 - HC-KAR NC: 2025:KHC:50119 WP No. 23597 of 2023 C/W WP No. 23528 of 2023 have to renew the licence as required under the provisions of the Explosives Rules, 2008, and accordingly, sought for dismissal of the writ petitions. 4 In the light of the submissions made by the learned counsel appearing for the parties, and on careful consideration of the averments made in the writ petitions, would indicate that the petitioners are having licence as per Annexure-A to the writ petitions to sell the crackers. However, taking into consideration the renewal order and the endorsement dated 03.05.2022 / 04.05.2022 (Annexures - B and C to the writ petitions ) issued by the respondent - Commissioner of Police, Mysuru City, I am of the view that, the respondent shall not interfere with the lawful sale of crackers by the petitioners herein, provided the petitioners are conducting business in sale of crackers, in accordance with law. 5. Accordingly, the writ petitions are disposed of. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 43