Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:13028 WP No. 4281 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 4281 OF 2026 (LB-BMP) BETWEEN:
1.
M/S LEGEND SPORTS WEAR NO.3, 1ST FLOOR, SUGGAPPA LAYOUT, 50 FEET ROAD, LAGGERE, BENGALURU - 560 058 REP. BY ITS PROP.
M.SHUNDARA LINGAM
2.
M/S DECOR COMPANY BY RAM, NO.51 AND 52, 2ND MAIN ROAD, MUNESHWARA LAYOUT, LAGGERE, BENGALURU-560 058.
REP. BY ITS PROP. G.MANESHA. &PETITIONERS (BY SRI. HAREESH BHANDARY T., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT VIDHANA SOUDHA BENGALURU-560 001 Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:13028 WP No. 4281 of 2026
2.
THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE/GBA N.R.SQUARES, BENGALURU-560 001.
3.
THE HEALTH OFFICER DIVISION-1, WEST CITY CORPORATION, RR NAGRA, BENGALURU- 560 098. &RESPONDENTS (BY SMT. SPOORTHI.V., HCGP FOR R1;
SRI. B.S.KARTHIKEYAN., ADVOCATE FOR R2 AND R3;)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER ANNEXURE-A ISSUED BY RESPONDENT NO.3 ENQUIRY
ORDER NO.AA.Y.BBMP/PR/78/2025-26 DATED 27.11.2025 ISSUED TO PETITIONERS AND ANNEXURE-B ISSUED TO PETITONER NO.1 THE OFFICE
ORDER DATED 23/01/2026 BEARING NO.AA.A(P)/PR/683/7/2025-26 ISSUED BY RESPONDENT NO.3 DIRECTING THE PETITIONERS TO CLOSE OR SHIFT THEIR RESPECTIVE BUSINESS PLACES.
THIS PETITION, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
- 3 -
HC-KAR NC: 2026:KHC:13028 WP No. 4281 of 2026 ORAL ORDER Aggrieved by the order passed by respondent No.3 directing the petitioners to shift their business activity to an appropriate place, the present writ petition is filed.
2. The case of the petitioners is that they have not received the notices issued by respondent No.3 because of which, they have not been able to give proper justification for establishing their business at the present location. However, learned counsel for the respondents submits that due notices have been issued to the petitioners and in spite of service of notice, they have failed to appear before the authority concerned and hence, the impugned
order has been passed in their absence.
3. What the petitioners are praying is an opportunity of being heard by respondent No.3. Though the notices issued by respondent No.3 were served on the petitioners, they were unable to submit their explanation
- 4 -
HC-KAR NC: 2026:KHC:13028 WP No. 4281 of 2026 before respondent No.3 within the stipulated time.
4. Under the given peculiar
facts and circumstances of the case, interest of justice would be met if an opportunity of hearing is granted to the petitioners by directing respondent No.3, to take action in accordance with law and pass appropriate orders thereafter. Hence, the following:
ORDER i. The Writ Petition is hereby disposed of. ii. The petitioners shall appear before respondent No.3 on 17.03.2026 at 11.00 a.m. without further notice and make their representations/submissions. iii. Respondent No.3, thereafter shall pass appropriate orders in accordance with law.
- 5 -
HC-KAR NC: 2026:KHC:13028 WP No. 4281 of 2026 iv. Till such decision is taken, no precipitative action shall be initiated against the petitioners and the impugned orders shall be kept in abeyance. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 40