- 1 - HC-KAR NC: 2025:KHC:33728 WP No. 33492 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.33492 OF 2024 (LB-RES) BETWEEN: L.A. BELUR (H U F) REP. BY CONSTITUENT AND COPARCENER SRI A L BELUR SON OF L A BELUR AGED ABOUT 50 YEARS SHRI LAKSHMINARASIMHA COMPLEX S J P ROAD, K R PURAM HASSAN - 573 201. ALSO RESIDING AT 501-502 KESHAVA C.H.S LTD., BUILDING NO.2 JAYA NAGAR, LINK ROAD DAHISAR (E), MUMBAI – 400 053. …PETITIONER (BY SRI. P.S. RAJAGOPAL, SENIOR COUNSEL FOR SRI. MUJTABA M., ADVOCATE) AND: THE COMMISSIONER HASSAN CITY MUNICIPAL COUNCIL HASSAN - 573 201. …RESPONDENT (BY SRI. G M ANANDA, ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33728 WP No. 33492 of 2024 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS LEADING TO THE ISSUANCE OF THE IMPUGNED ENDORSEMENT BEARING NO.NASAHA.AROGYA SHA.KE SHA.KE/2024-25 DTD. 26.09.2024 ISSUED BY THE RESPONDENT HEREIN VIDE ANNX-A AND AFTER PERUSAL TO ISSUE A WRIT OF CERTIORARI OR ANY APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE IMPUGNED ENDORSEMENT BEARING NO. NASAHA.AROGYA.SHA.KE. SHA.KE/2024-25 DTD. 26.09.2024 ISSUED BY THE RESPONDENT HEREIN VIDE ANNX-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioner is said to have constructed a commercial building on the writ petition schedule property. On the ground that there have been substantial deviations from the sanction plan, the trade licence of the petitioner has not been renewed, aggrieved by the same, the present petition is filed with the following reliefs: "(i) Call for the records leading to the issuance of the impugned endorsement bearing No.£À¸ÀºÁ: DgÉÆÃUÀå ±ÁSÉ ±ÁSÉ / 2024-25 dated 26.09.2024 issued by the respondent herein vide - 3 - HC-KAR NC: 2025:KHC:33728 WP No. 33492 of 2024 Annexure ‘A’ and after perusal to issue a writ of certiorari, or any appropriate writ, order or direction, quashing the impugned endorsement bearing No. £À¸ÀºÁ: DgÉÆÃUÀå ±ÁSÉ ±ÁSÉ / 2024-25 dated 26.09.2024 issued by the respondent herein vide Annexure ‘A’; (ii) Consequently, issue a writ of mandamus or any appropriate writ, order or direction, directing the respondent to issue trade licenses as sought for the petitioner in the applications / representations dated 10.07.2024 and 12.08.2024 vide Annexures ‘W’ & ‘X’; (iii) Issue a writ of mandamus or any appropriate writ, order or direction, directing the respondent to issue fresh e-khatha in favour of the petitioner in respect of the schedule property; (iv) Issue such other writs, direction and orders as this court deems fit to grant in the facts and circumstances of the case; and; in the interest of justice and equity.” 2. In the course of the proceedings, the respondent has filed a report dated 05.08.2025 stating that they have no objection for the petitioner to carry on business on certain portions of the writ petition schedule property. But with regard to that area which has been - 4 - HC-KAR NC: 2025:KHC:33728 WP No. 33492 of 2024 constructed in violation of sanction plan permission will not be granted. It is also submitted that the respondent has no objection to consider the request of the petitioner for issuance of E-khata in respect of that portion of the writ petition schedule property wherein construction has been put-up by the petitioner in accordance with the sanction plan and insofar as it relates to construction that is put-up in violation of sanction plan, learned counsel for the petitioner submits that respondent may be directed to consider the request of the petitioner for regularization. 3. Hence, I pass the following: ORDER (i) Writ petition is disposed of. (ii) Respondent is hereby directed to consider the request of the petitioner for sanction of E-khata as well as trade licence in respect of that portion of the writ petition schedule property wherein construction has been put-up by the petitioner in accordance with the sanction plan. The same shall - 5 - HC-KAR NC: 2025:KHC:33728 WP No. 33492 of 2024 be done within a period of two months from the date of receipt of certified copy of this order. (iii) In respect of other portion which the petitioner is said have constructed in violation of the sanction plan, petitioner is given liberty to seek regularization of the same, in accordance with law, if it is permissible and respondent shall consider the request in accordance with law. If impermissible to regularize then, respondent is at liberty to proceed against the petitioner in the manner known to law. Sd/- (M.I.ARUN) JUDGE SV List No.: 1 Sl No.: 47