Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:28811 WP No. 17598 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 17598 OF 2026 (LB-BMP) BETWEEN:
1.
SMT. LAKSHMI WIFE OF SRI MANJUNATH, AGED ABOUT 42 YEARS, PROPRIETRIX, M/S ALL SCRAP TENDERS, NO. 11, G.K.W. LAYOUT, 1ST CROSS 1ST MAIN NEAR PEENYA 2ND STAGE, LAGGERE MAIN ROAD, BENGALURU - 560091.
2.
SRI MANJUNATH AGED ABOUT 48 YEARS, MANAGER, M/S ALL SCRAP TENDERS, NO. 11, G.K.W. LAYOUT, 1ST CROSS-EXAMINATION 1ST MAIN NEAR PEENYA 2ND STAGE, LAGGERE MAIN ROAD, BENGALURU 560091 …PETITIONERS (BY SRI. GIRISHKUMAR R., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BENGALURU 560001.
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:28811 WP No. 17598 of 2026
REPRESENTED BY ITS PRINCIPAL SECRETARY
2.
THE CHIEF COMMISSIONER GREATER BENGALURU AREA (GBA) / BBMP, N.R. SQUARE, HUDSON CIRCLE, BENGALURU 560002
3.
THE COMMISSIONER BENGALURU WEST CITY CORPORATION 16TH CROSS ROAD VYALIKAVAL, KODANDARAMPURA, MALLESWARAM BENGALURU 560003
4.
THE JOINT COMMISSIONER (DASARAHALLI) BENGALURU WEST CITY CORPORATION HESARAGHATTA MAIN ROAD, BAGALAGUNTE, BENGALURU - 560073.
5.
THE HEALTH OFFICER / HEALTH MEDICAL OFFICER DASARAHALLI DIVISION, GBA / BBMP, HESARAGHATTA MAIN ROAD, BAGALAGUNTE, BENGALURU - 560073. …RESPONDENTS (BY SRI. KENCHEGOWDA, AGA FOR R1;
SRI. PAWAN KUMAR, ADVOCATE FOR R2 TO R5)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT,
ORDER, OR DIRECTION, QUASHING THE IMPUGNED NOTICE BEARING NO. DATED 18/05/2026 VIDE NO.
BBMP/DAVA/A.VAI/PR/37/24-25 ISSUED BY THE 5TH RESPONDENT VIDE ANNEXURE A AND ETC.,
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HC-KAR NC: 2026:KHC:28811 WP No. 17598 of 2026
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners are engaged in trading in steel and iron scrap, and they have been issued with impugned Notices dated 18.05.2024 and 08.06.2026 [Annexures-A and B]. The fifth respondent has issued these Notices informing the petitioners that because of possible fire accidents in the locality they must relocate their business to an alternative premises. Sri Girish Kumar R, the learned counsel for the petitioner, Sri Kenche Gowda, a learned Additional Government Advocate who accepts notice for the first respondent, and Sri Pawan Kumar, a learned standing counsel for the second to fifth respondents who accepts notice for these respondents, are heard for final disposal of the petition.
Sri Girish Kumar R submits [a] that though the impugned annexures are styled as ‘Notices’, these are
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HC-KAR NC: 2026:KHC:28811 WP No. 17598 of 2026
in fact directions to the petitioners to re-locate within five days, [b] that this decision is taken without even due notice to the petitioners to offer a just cause against such decision, [c] that the petitioners’ premises is in an industrial area surrounded by industries, [d] that the petitioners have got necessary consent from the Pollution Control Board, and [d] that the petitioners, in law, must be extended an opportunity if certain measures have to be taken to prevent accidents before the petitioners are called upon to relocate.
This Court is of the considered view that these impugned annexures styled as “Notices” must only be read as notices with opportunity to the petitioners to file response and the fifth respondent, subject to the jurisdiction in law, must decide on the cause shown before there is a specific direction. In the light of the afore, the following.
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HC-KAR NC: 2026:KHC:28811 WP No. 17598 of 2026
ORDER
The petition stands disposed of reserving liberty to the petitioners to file their response to the impugned Notices dated 18.05.2024 and 08.06.2026 [Annexures-A and B] by 06.07.2026 calling upon the fifth respondent to first examine the jurisdiction and then pass orders while clarifying that if the fifth respondent is not vested with the jurisdiction, the Officer shall file a Report with the jurisdictional Officer for a just decision.
Sd/- (B M SHYAM PRASAD) JUDGE
AN/-