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2026 DAILYLAW 45776 (KAR)

S. P. BOPANNA v. BRUHATH BANGALORE MAHANAGARA PALIKE

WP/5401/2019 · 2026-01-29

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:4974 WP No. 5401 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 5401 OF 2019 (LB-BMP) BETWEEN: S. P. BOPANNA S/O POONACHA S.D, AGED 28 YEARS, PROPRIETOR, WASH 2 WEAR, 24TH MAIN ROAD, 6TH PHASE, J.P.NAGAR BENGALURU -560 078. …PETITIONER (BY SRI. S.P.BOPANNA.,ADVOCATE (ABSENT)) AND: 1. BRUHATH BANGALORE MAHANAGARA PALIKE N.R.SQUARE, BENGALURU -560 002. REP. BY ITS COMMISSIONER. 2. THE HEALTH OFFICER BRUHATH BANGALORE MAHANAGARA PALIKE, BOMMANAHALLI, BEGUR MAIN ROAD, BENGALURU -560 028. 3. THE DESIGNATED OFFICER SENIOR ENVIRONMENTAL OFFICER, BENGALURU CITY, KARNATAKA STATE POLLUTION BOARD, NISARGA BHAVANA, THIMMAIAH ROAD, 7TH D MAIN ROAD, SHIVANAGAR, BENGALURU-560 010 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4974 WP No. 5401 of 2019 4. SMT SULATHA GOPINATH W/O K.M.GOPINATH, AGED 63 YEARS, R/AT NO.108, RAINBOW RESIDENCY, JUNNASANDRA, OPP TO WIPRO OFFICE, SARJAPUR ROAD, BENGALURU 562 125. …RESPONDENTS (BY SRI. SUNDARAM K., ADVOCATE FOR C/R4; SMT.ASHWINI S.HALADY., ADVOCATE FOR R-1 & R-2; SRI.GURURAJ JOSHI., ADVOCATE FOR R-3) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT/INTIMATION DATED 14.01.2019 HEREWITH PRODUCED AS ANNEXURE-K ISSUED BY R2. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reasons: a) a writ in the nature of certiorari quashing the impugned endorsement/intimation dt: 14- 01-2019 bearing No.AR/BOM.W/ P.R/143/ 2018-19 and herewith produced as Annexure- K issued by the 2nd respondent. b) A writ of mandamus directing the respondents to permit the petitioner to - 3 - HC-KAR NC: 2026:KHC:4974 WP No. 5401 of 2019 pursue his avocation as his fundamental right to transact business in accordance with law in the justice and equity. c) Issue such other writ or directions as this court deems fit in the circumstances of the case and d) Direct the respondents to pay costs of the petition to the petitioner. 2. Memo of retirement has been filed enclosing the notice issued by the counsel for the petitioner to the petitioner dated 14.01.2025 alongwith the returned postal cover. The returned postal cover bears the Endorsement that there is 'no such person' at the address indicated. 3. In that view of the matter, the memo of retirement is accepted and Sri Raghu Prasad, learned counsel is discharged from the case. 4. Since the notice issued by the counsel itself has returned with the Endorsement 'no such person', there would be no purpose in issuing a Court notice to the petitioner. As such, the petition is dismissed for non- prosecution. - 4 - HC-KAR NC: 2026:KHC:4974 WP No. 5401 of 2019 5. The submission of learned counsel for respondent No.3 that the petitioner has vacated the shop is placed on record. SD/- (SURAJ GOVINDARAJ) JUDGE GSS List No.: 1 Sl No.: 36