- 1 - HC-KAR NC: 2026:KHC:28779 WP No. 25882 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 25882 OF 2022 (GM-RES) BETWEEN: M/S SUMUKA HATCHERIES A PARTNERSHIP FIRM REPRESENTED BY ITS PARTNER SMT. MANU P. KUMAR W/O PREETHAM KUMAR D.N. AGED ABOUT 58 YEARS R/O SINCHANA MAIN PARELLEL ROAD NEAR MANDARA SCHOOL BASAVANAGUDI SHIVAMOGGA - 577 201. …PETITIONER (BY SRI. HARISH KUMAR M.S., ADVOCATE) AND: THE TAHASILDAR SHIVAMOGGA TALUK SHIVAMOGGA - 577 201. …RESPONDENT (BY SRI. MAHANTESH SHETTAR, ADVOCATE SRI. H.B. RUDRESH, ADVOCATE FOR IMPLEADING ON IA.1/24) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT / ORDER ISSUED BY THE RESPONDENT VIDE NO.M.A.G.C.R 28/2022-23 DATED 28.06.2022 VIDE ANNEXURE-H AND ETC. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:28779 WP No. 25882 of 2022 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner who is stated to be running poultry shed on the property bearing Sy.No.90/2 and 90/3, pursuant to the permission granted on 21.01.2012, is before this Court being aggrieved by a Notice dated 28.06.2022 in and by which, respondent has sought to cancel the permission granted in favour of the petitioner on the premise of the complaint, being received from the public on account of purported inconvenience being caused to them in petitioner maintaining the poultry farm. 2. Learned counsel for the petitioner taking this Court through the record submits that, though the impugned order at Annexure-H is described as a notice, it is in the form of an order passed without even affording an opportunity to the petitioner of being heard. He submits that no inspection was carried out and petitioner was not - 3 - HC-KAR NC: 2026:KHC:28779 WP No. 25882 of 2022 even given opportunity to submit his response to the alleged complaints received from the public. Hence, Annexure-'H' is arbitrarily unsustainable. 3. Learned Additional Government Advocate submits that, if given some time and if the petitioner submits his response, necessary orders will be passed in accordance with law. 4. Submission is placed on record. 5. In view of aforesaid submissions, petition is disposed of with the following directions: (a) The order at Annexure-'H' shall be treated as a notice and the petitioner shall submit his response within a period of fifteen days from the date of receipt of certified copy of this order. (b) On submission of such a response, respondent shall pass appropriate order after affording opportunity of hearing including - 4 - HC-KAR NC: 2026:KHC:28779 WP No. 25882 of 2022 inspecting the spot, if required, and communicate the said order to the petitioner. Sd/- (M.G.S. KAMAL) JUDGE PSJ List No.: 1 Sl No.: 21