- 1 - HC-KAR NC: 2025:KHC:53452 WP No. 8363 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 8363 OF 2020 (L-RES) BETWEEN: 1. SMT. P.R.NAGAVENI, W/O LATE P.V.RADHAKRISHNA GUPTA, AGED ABOUT 73 YEARS, EX-PARTNER OF M/S BALAJI AGARBATHI COMPANY, HAVING ITS REGISTERED OFFICE AT KAGGALIPURA COLONY, KANAKAPURA MAIN ROAD, BENGALURU-560082. 2. SRI P.R.BALAJI, S/O LATE P.V.RADHAKRISHNA GUPTA AGED ABOUT 49 YEARS EX-PARTNER OF M/S BALAJI AGARBATHI COMPANY, HAVING ITS REGISTERED OFFICE AT KAGGALIPURA COLONY, KANAKAPURA MAIN ROAD, BENGALURU-560082. 3. SRI P.R.BHASKAR, S/O LATE P.V.RADHAKRISHNA GUPTA AGED ABOUT 47 YEARS EX-PARTNER OF M/S BALAJI AGARBATHI COMPANY, HAVING ITS REGISTERED OFFICE AT KAGGALIPURA COLONY, KANAKAPURA MAIN ROAD, BENGALURU-560082. Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53452 WP No. 8363 of 2020 AND ALL ARE R/O NO.88/77, SHIVARAMAKARANTH ROAD, CHIKKALASANDRA, PADMANABHANAGAR, BENGALURU-560061. …PETITIONERS (BY SRI. AVINASH B.C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SENIOR LABOUR INSPECTOR, 28TH CIRCLE, DEPARTMENT OF LABOUR KARMIKA BHAVAN, DAIRY CIRCLE, BENGALURU-560029. 2. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, BENGALURU-560001. …RESPONDENTS (BY SRI. RAJENDRA K.R., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.B.C.Avinash, counsel for the petitioner and AGA for the respondents, appeared in person. - 3 - HC-KAR NC: 2025:KHC:53452 WP No. 8363 of 2020 2. The captioned writ petition is filed seeking a writ of certiorari to quash the order dated 03.08.2016 vide Annexure-G, to set aside/quash the notice dated 03.12.2018 vide Annexure-J, and to set aside/quash the notice dated 27.03.2019 vide Annexure-M. 3. Counsel for the respective parties urged several contentions. Counsel for the petitioners in presenting his argument strenuously urged that the petitioners have not violated the provisions of the Child Labour (Prohibition and Regulation) Act, 1986. He argued that the proceedings in respect of the child labour were quashed by this Court. Hence, he submits that the writ petition may be allowed. 4. AGA justified the action on the part of the respondents and submits that the writ petition may be dismissed. 5. Heard the arguments and perused the papers with care. - 4 - HC-KAR NC: 2025:KHC:53452 WP No. 8363 of 2020 6. The issue falls within a narrow compass and relates to the alleged violation of the provisions of the Child Labour (Prohibition and Regulation) Act, 1986, by the petitioners. "Child labour is the practice of having children engage in economic activity on a part-time or full-time basis. The practice deprives children of their childhood and is harmful to their physical and mental development. Poverty, inadequate access to quality schools, and the growth of the informal economy are considered key causes of child labour in India". 7. The Labour Officer passed an on 03.08.2016, stating that the petitioners had violated the provisions of the Child Labour Act. It is noted that the petitioners were directed to deposit Rs.20.000/- per child. However, the proceedings in respect of the child labour were quashed by this Court, as is evident from Annexure-E. Notwithstanding the quashed proceedings, notices were still issued. In other words, even though the proceedings were set aside/quashed, notices were subsequently issued. Upon the quashing of the proceedings, all subsequent/consequential notices issued in furtherance thereof become void, inoperative, and are without jurisdiction. - 5 - HC-KAR NC: 2025:KHC:53452 WP No. 8363 of 2020 8. For the reasons stated above, the petition for writ of certiorari is granted. The order dated 03.08.2016 vide Annexure-G, the notice dated 03.12.2018 vide Annexure-J, and the notice dated 27.03.2019 vide Annexure-M are quashed. 9. The writ petition is allowed. SD/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 23