- 1 - HC-KAR NC: 2025:KHC:45534-DB WA No. 262 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 262 OF 2025 (LB-RES) BETWEEN: THE COMMISSIONER SHIVAMOGGA CITY CORPORATION, OPPOSITE GANDHI PARK, SHIVAMOGGA - 577 201. …APPELLANT (BY SRI. ASHOK HARANAHALLI, SENIOR ADVOCATE FOR SRI. BALAGANGADHAR G S, ADVOCATE) AND: 1. SRI ZABIUALLA S/O RIYAZ AHMED, AGED ABOUT 39 YEARS, NO 52, 2ND CROSS LEFT SIDE MASJID TIPPU NAGAR, SHIVAMOGGA 577202 2. SRI RAFIZ AHMED KHAN S/O LATE H A MOHAMMED KHAN, AGED ABOUT 74 YEARS, No. 481/ALEMAN STREET, LASHKARMOHALLA, SHIVAMOGGA 577201 3. SRI AHMMED SHARIFF Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45534-DB WA No. 262 of 2025 S/O MOHAMMED AGED ABOUT 54 YEARS, R/AT 1ST CROSS, BYPASS ROAD, SVALPALYA, NEW MANDLI, SHIVAMOGGA 577202 4. SRI MOHAMMED ZABIULLA S/O LATE MOHAMMED, AGED ABOUT 36 YEARS, R/AT BYPASS ROAD, SVALPALYA, NEW MANDLI, SHIVAMOGGA 577202 5. SRI ABBAS KHAN S/O AHAMED KHAN, AGED ABOUT 78 YEARS, R/AT 2ND CROSS, LEFT SIDE TIPPUNAGAR, SHIVAMOGGA 577201 6. SRI SYED SALMAN S/O SYED GAFFAR, AGED ABOUT 36 YEARS, R/AT No. 2/45, TUNGA NAGAR, NORTH SIDE STREET, GOPALA EXTENSION, SHIVAMOGGA 577205 7. SRI USMAN ALI C/O ABDUL RAZAQSAHED, AGED ABOUT 50 YEARS, R/AT 1ST CROSS ,BYPASS ROAD, , NEW MANDLI SHIVAMOGGA 577202 8. THE STATE OF KARNATAKA REP BY ADDL CHIEF SECRETARY URBAN DEVELOPMENT DEPARTMENT R. No. 436, VIKASA SOUDHA DR B R AMBEDKAR VEEDHI, BENGALURU 560001 - 3 - HC-KAR NC: 2025:KHC:45534-DB WA No. 262 of 2025 9. THE DIRECTOR DIRECTORATE OF MUNICIPAL ADMINISTRATOR, 9TH AND 10TH FLOOR, VISHVESHWARAIAH TOWER DR B R AMBEDKAR VEEDHI, BENGALURU 560001 10. THE DEPUTY COMMISSIONER SHIVAMOGGA CITY CORPORATION, OPPOSITE GANDHI PARK, SHIVAMOGGA 577201 …RESPONDENTS (BY PROFF. RAVI VERMA KUMAR, SENIOR ADVOCATE FOR SRI. BELLE R, ADVOCATE FOR R7 R1 -R2 SERVED R3-R4 DISPENSED WITH VIDE ORDER DATED 24.06.2025 R5-R6 SERVED SRI. K.S. HARISH, GA FOR R8 R9-R10 SERVED) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR RECORDS FROM THE FILE OF THIS HONBLE COURT PERTAINING TO WRIT PETITION NO.19824/2023 DATED 08/12/2023, SET ASIDE THE ORDERS PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT IN WP NO.19824/2023 DATED 08/12/2023, AS THE SAME IS IMPUGNED, PERVERSE, CAPRICIOUS AND LIABLE TO BE SET ASIDE AND ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA - 4 - HC-KAR NC: 2025:KHC:45534-DB WA No. 262 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. For the reasons stated in the application ‒ I.A No.1/2025, the same is allowed and the delay in filing the appeal is condoned. 2. The present appeal is filed, inter alia, impugning an order dated 08.12.2023 passed by the learned Single Judge of this Court, whereby the writ petition filed by the respondents being Writ Petition No.19824/2023 (LB-RES), was allowed. By virtue of the said order, the court directed the appellant to consider the applications filed by the respondents and to grant trade licences by imposing such conditions as may be necessary to safeguard the interests of consumers and stakeholders within a period of 30 days. 3. Sri Haranahalli, learned Senior Counsel appearing for the appellant submits that insofar as the direction for considering the applications for trade licences is concerned, the appellant has no grievance. However, the directions to grant licences by imposing conditions cannot be sustained as the said direction assumes that the said licences are required to be granted. He submits that the - 5 - HC-KAR NC: 2025:KHC:45534-DB WA No. 262 of 2025 applications filed by the respondents for trade licence have been rejected on, essentially, two grounds. First, that the area where the shops are proposed to be established to carry on the trade in buffalo meat, are in residential areas. Establishing such shops at the given address is contrary to the Zonal Plans. Second, he submits that the product [meat] is required to be procured from a licenced source. 4. The present litigation has a chequered history. In the first instance, the respondents were not granted any licence and their applications for trade licences were not considered. This led respondent nos. 1 to 7 to prefer the writ petition being W.P.No.679/2023 (LB-RES), which was disposed of by an order dated 11.4.2023 directing the appellant to consider their applications for grant of trade licences. The said applications were rejected and this led the respondents to file Writ Petition No.19824/2023 impugning the endorsement dated 08.08.2023. 5. To be noted that the applications made by the respondents were rejected by an endorsement dated 08.08.2023 to the effect that a licence could not be granted as there was no slaughter house located within the city limits of the Corporation. The - 6 - HC-KAR NC: 2025:KHC:45534-DB WA No. 262 of 2025 appellant reasoned that the slaughter house from where the meat is being transported was located in another city/place and the meat is likely to be contaminated and unhealthy. The learned Single Judge had also noted the contention of the writ petitioners that meat from Hangal was being transported to Mangalore and the Mangalore City Corporation has issued the necessary licences. 6. In the aforesaid context, to avoid any further controversy, and considering that it was the appellant's contention that the trade in buffalo meat is not prohibited within the limits of Shivamogga Corporation, the learned Single Judge directed that licences be issued with such conditions as the Corporation considers necessary to safeguard the interests of consumers and stakeholders. 7. Clearly, the appellant can have no grievance in respect to the said directions considering their unambiguous stand that trade in buffalo meat is permissible within the corporation limits. 8. In view of the above, we consider it apposite to dispose of the present writ petition by modifying the impugned order to a limited extent of directing the appellant to list out the conditions that - 7 - HC-KAR NC: 2025:KHC:45534-DB WA No. 262 of 2025 require to be complied with by the applicants for securing the licence to trade. The said conditions would be communicated to the respondents within a period of four weeks from date. Needless to state that if the respondents are not satisfied with any conditions, they are at liberty to challenge the same. However, if the writ petitioners comply with the said conditions, the appellant shall issue the trade licenses as directed. 9. Pending applications, if any, stand disposed of. SD/- (VIBHU BAKHRU) CHIEF JUSTICE SD/- (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 9