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2026 DAILYLAW 17109 (KAR)

SRI. SRINIVASALU. P. G. v. THE COMMISSIONER

WP/21037/2025 · 2026-04-15

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:20300 WP No. 21037 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 21037 OF 2025 (LB-BMP) BETWEEN: 1. SRI. SRINIVASALU P.G. S/O P.M.GOPAL AGED ABOUT 58 YEARS R/AT MATHRUSHREE RESIDENCY PROPERTY NO.22, 3RD FLOOR THURAHALLI MAIN ROAD VEERANJANEYA LAYOUT BENGALURU-560 061. …PETITIONER (BY SRI. SHARATH S.GOWDA, ADVOCATE) AND: 1. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BENGALURU-560 002. 2. THE JOINT COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE BENGALURU SOUTH ZONE 8, 9TH CROSS RD, 2ND BLOCK JAYA NAGAR EAST, JAYANAGAR BENGALURU-560 011. 3. THE ZONAL COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE BENGALURU SOUTH ZONE Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20300 WP No. 21037 of 2025 9TH CROSS, 9TH MAIN, 2ND BLOCK JAYANAGAR, BENGALURU-560 011. 4. THE ASSISTANT EXECUTIVE ENGINEER BRUHATH BENGALURU MAHANAGARA PALIKE BENGALURU SOUTH ZONE, WARD NO.184 BENGALURU-560 061. 5. THE HEALTH INSPECTOR BRUHATH BENGALURU MAHANAGARA PALIKE BENGALURU SOUTH ZONE, 1ST MAIN ROAD ROYAL COUNTY PARK, J.P.NAGAR 8TH BLOCK, BENGALURU-560 083. 6. SUDHA SAVANUR W/O VIJAY SAVANUR AGED ABOUT 45 YEARS R/AT NO.90, MRUTHIKA 4TH MAIN ROAD, HILL VIEW GARDEN THURAHALLI, SUBRAMANYAPURA POST BENGALURU-560 061. …RESPONDENTS (BY SRI. MONESH KUMAR K.B., ADVOCATE FOR R1 TO R5; SRI. DILIP KUMAR I.S., ADVOCATE FOR R6) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 10.07.2025 BEARING IN NO.AA.Y (BEN DHA)/P.R/130/25-26 BY RESPONDENT NO.5 (HEALTH INSPECTOR) VIDE ANNEXURE-A AND ETC. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:20300 WP No. 21037 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. An order at Annexure-A to the writ petition is issued by respondent no.5 to the petitioner directing him to close the non-residential activities being conducted on the premises which is the subject matter of the writ petition. It is seen that the said order is issued in accordance with law and no fault can be attributed to respondent no.5 in this regard. Aggrieved by the action of respondent no.5, the present writ petition is filed with a prayer to set aside the said order. 2. However, in the course of the proceedings, learned counsel for the petitioner submits that he is not carrying out the activities in majority of the premises to which the impugned order is made applicable. However, it is further submitted that after obtaining the necessary conversion order and after obtaining the necessary permissions, he may be permitted to continue non-residential activities in accordance to the law in a portion of the writ petition schedule property. - 4 - HC-KAR NC: 2026:KHC:20300 WP No. 21037 of 2025 3. Learned counsel for respondent nos.1 to 5 upon instructions submits that, if the petitioner were to make a necessary representation for conversion of the property for non-residential purposes and thereafter for permission to carry on commercial activities including issuance of trade licenses, the same would to be considered in accordance with law and appropriate orders would be passed. 4. Learned counsel for the petitioner has no objection for the same. 5. Hence, the writ petition stands disposed of in terms of the statement made by learned counsel for respondent nos.1 to 5 as referred to in paragraph no.3 supra. Pending I.As., if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 34