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2025 DAILYLAW 74390 (KAR)

SMT. BIBI HALEMA v. SHIVAMOGGA MAHANAGARA PALIKE

WP/34050/2024 · 2025-08-14

M I Arun

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31531 WP No. 34050 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 34050 OF 2024 (LB-RES) BETWEEN: 1. SMT. BIBI HALEMA D/O GOUSE PER AGED ABOUT 24 YEARS R/AT KELAGINA TUGANABARA 4TH CROSS, TIPU NAGARA SHIVAMOGGA-577 205. …PETITIONER (BY SRI. R. KIRAN, ADVOCATE) AND: 1. SHIVAMOGGA MAHANAGARA PALIKE REPRESENTED BY ITS COMMISSIONER OPP. TO GANDHI PARK, SHIVAMOGA-577 201. 2. SHVIAMOGG, DAVANGERE AND CHITRADUG DITIRCT CO-OPERIATVE MILK UNION LIMITED (SHIMUL) REP BY ITS MANAGING DIRECTOR SHIMOGGA DAIRY, MACHENAHALLI NIDIGE POST, NH69, KARNATAKA-577 222. …RESPONDENTS (BY SMT. M.C.NAGASHREE, ADVOCATE FOR R1 [ABSEMT] R2 - SERVED) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT BEARING NO.SHI.MA.PA/C.R:PLO: 153403/2023-24 DATED 15.07.2024 ISSUED BY RESPONDENT NO.1 AT ANNXURE-J AND ETC. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31531 WP No. 34050 of 2024 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, 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 has made a request to respondent no.1, Shivamogga Mahanagara Palike to permit her to run a Nandini Milk Parlour near Shivamogga Bus Stand. Her request has been considered by respondent no.1, and they have issued the impugned endorsement dated 15.07.2024 wherein it has been stated that her request is being considered and there is a technical issue and after resolving the same, further action will be initiated. Aggrieved by the same, the present writ petition is filed. 2. The case of the petitioner is that the request of the petitioner is not being considered expeditiously. Hence, she has filed the present writ petition to set aside the impugned endorsement and also to direct respondent no.1 to grant her permission as prayed for by her. - 3 - HC-KAR NC: 2025:KHC:31531 WP No. 34050 of 2024 3. Admittedly, the petitioner is having no right, title or interest in respect of the property where she intends to put up a Nandini Milk Parlour. It is for the authorities concerned to consider her request and the request of similarly situated persons in accordance with law and take appropriate decision. 4. As no right of the petitioner has been infringed by the impugned endorsement, the writ petition is hereby dismissed. However, dismissal of the writ petition will not come in the way of the authorities concerned to consider the request of the petitioner in accordance with law. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 85