Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:39003 WP No. 26666 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 26666 OF 2025 (LB-RES) BETWEEN:
MR. U SADASHIVA SHETTY S/O. LATE TANIYAPPA SHETTY, AGED ABOUT 85 YEARS, R/AT NO.3-29-1. 'DURGA NILAYA', UJIRE VILLAGE AND POST, BELTHANGADY TALUK, D.K DISTRICT - 574 240 …PETITIONER (BY SRI. S.RAJASHEKAR., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, M.S.BUILDING.
DR.B.R AMBEDKAR VEEDHI, BENGALURU - 560 001.
2.
THE EXECUTIVE OFFICER, TALUK PANCHAYAT, BELTHANGADY TALUK, D.K DISTRICT-574 214. Digitally signed by CHAITHANYA K Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:39003 WP No. 26666 of 2025
3.
THE PANCHAYATH DEVELOPMENT OFFICER, UJIRE GRAMA PANCHAYATH, UJIRE, BELTHANGADY TALUK, D.K DISTRICT-574 240.
4.
THE PRESIDENT, UJIRE GRAMA PANCHAYATH, UJIRE, BELTHANGADY TALUK, D.K DISTRICT-574 240.
5.
THE STATION HOUSE OFFICER/ POLICER INSPECTOR, BELTHANGADY POLICE STATION, BELTHANGADY, D.K DISTRICT-574 214. …RESPONDENTS (BY SRI.BOPANNA BELLIAPPA, AGA FOR R1 & R5, SRI.SHARAJITH SHETTY.K., ADVOCATE FOR R2 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTILCES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ENDORSEMENT DATED 22.07.2025 BEARING NO.GRA.PAM. UJIRE/12/2025-26 ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE-A AND ALSO THE COMMUNICATION DATED 25.06.2025 ADDRESSED BY RESPONDENT NO.5 TO RESPONDENT NO.3 VIDE ANNEXURE-B 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
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HC-KAR NC: 2025:KHC:39003 WP No. 26666 of 2025 ORAL ORDER The petitioner is said to be the owner of a lodge, which is constructed on the writ petition schedule property. It is further submitted that the petitioner had leased the same in favour of the third party and the tenant was running the hotel business therein. On the ground that illegal activities were being carried out in the premises, criminal cases have been registered against the said tenant.
2. The case of the petitioner is that thereafter the said tenant vacated the property and the petitioner now intends to run the business afresh on his own. Hence, he has requested for issuance of a trade license in his name. The same has been rejected by the endorsement dated 22.07.2025 (vide Annexure-A to the writ petition) on the basis of the letter at Annexure-B. The petitioner submits that he has no objection for the authorities concerned to proceed against the previous tenant or such other individuals who were involved in committing the
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HC-KAR NC: 2025:KHC:39003 WP No. 26666 of 2025 illegal/criminal activity in the premises. His only contention is that it should not come in the way of the petitioner running his business legally.
3.
Learned counsel for the respondents fairly submits that the case of the petitioner will be considered in accordance with law and appropriate orders will be passed.
4. Hence, I proceed to pass the following:
ORDER i. The impugned endorsement dated 22.07.2025 issued by respondent No.3 is hereby set aside. ii. Respondents are directed to consider the request of the petitioner within a period of four (04) weeks from the date of receipt of certified copy of this order in accordance with law and pass appropriate orders.
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HC-KAR NC: 2025:KHC:39003 WP No. 26666 of 2025 iii. This order will not come in the way of the authorities concerned to continue/initiate appropriate action against any person who is alleged to have committed illegal or criminal activity in the property concerned. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 43