- 1 - HC-KAR NC: 2026:KHC:18407 WP No. 10308 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.10308 OF 2026 (LB-BMP) BETWEEN: 1. ASHARAF KUTTIKKANDY S/O KUTTIKANDIYIL KUNHIMOOSA AGED ABOUT 48 YEARS 2. JALAJA S. D/O R. SRINIVAS AGED ABOUT 41 YEARS 3. MOHAMMAD ASLAM N.P. S/O ABDULLA N. AGED ABOUT 40 YEARS 4. SHIVAIAH @ UPPALA SHIVAIAH S/O UPPALA NARAYANA AGED ABOUT 40 YEARS 5. SHIVA SHANKAR S. S/O N. SOMASHEKAR AGED ABOUT 39 YEARS ALL ARE R/AT NO.200-A SFS-208, DAIRY CIRCLE YELAHANKA NEW TOWN BENGALURU-560 064. &PETITIONERS (BY SRI. R.S.RAVI, SR. COUNSEL FOR SRI. V. CHANDRAPPA, ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18407 WP No. 10308 of 2026 AND: 1. THE MEDICAL OFFICER OF HEALTH YELAHANKA SUB-DIVISION, ZONE-2 BENGALURU NORTH CITY CORPORATION BENGALURU-560 064. &RESPONDENT (BY SRI. B.S. KARTHIKEYAN, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED NOTICES DATED 10.02.2026 VIDE DOC NO.¨ÉA.G.£À.¥Á./D/ªÉÊ/AiÀÄ.ªÀ/¦Dgï/241A/2025-26 ISSUED BY THE RESPONDENT AS PER ANNEXURES 'B', 'B.1' TO 'B.4' AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. Petitioner no.1 is said to have obtained a trade license to establish a condiment shop at property bearing No.200-A, SFS- 208, Diary Circle, Yalahanka New Town, Bengaluru and is said to have been running a business. On the allegation that petitioner no.1 is conducting his business by encroaching upon a portion of the footpath by placing a board displaying his - 3 - HC-KAR NC: 2026:KHC:18407 WP No. 10308 of 2026 shop's name and also keeping certain articles for sale on the footpath and thereby obstructing the smooth movement of the pedestrians on the footpath and also because of pendency of W.P.No.33671/2025, a notice has been issued to petitioner no.1 calling upon him to close the business. Aggrieved by the same, the present writ petition is filed. 2. No person is entitled to conduct a business by encroaching upon the footpath or creating nuisance to the pedestrians or the neighbors. The business has to be conducted in accordance with law. If the same is violated, respondent authorities are at liberty to take necessary action. 3. In the course of arguments, petitioner no.1 undertakes to conduct the business in accordance with law and to remove the name board and the articles kept on the footpath. 4. With regard to other petitioners, they are having their independent shops and notices have been issued to them (vide Annexures-B1 to B4 to the writ petition) alleging that they are conducting business illegally without obtaining necessary trade licence. - 4 - HC-KAR NC: 2026:KHC:18407 WP No. 10308 of 2026 5. Petitioner nos.2 to 5, in the course of the arguments, submit that the prayer made by them in the writ petition may be dismissed as withdrawn. 6. As already noted above, no one has a right to conduct business in violation of the law. However, they are at liberty to conduct their business in accordance with law. The purpose of the administrative action by the authorities concerned is to regulate the conduct of the business in accordance with law and not to rob the livelihood of a particular person to conduct a business. Under the circumstances, when petitioner no.1 is agreeable to conduct his business in accordance with law there is no harm in allowing the writ petition to that extent subjecting him to comply with the law strictly and also subject to the result of the proceedings in W.P.No.33671/2025. 7. Hence, the following: ORDER The final notice dated 10.02.2026 issued by the respondent (vide Annexure-B to the writ petition) to petitioner no.1 stands quashed subject to petitioner no.1's undertaking to conduct his business in accordance with law without - 5 - HC-KAR NC: 2026:KHC:18407 WP No. 10308 of 2026 encroaching upon the footpath and causing nuisance to the pedestrians or the neighbors. The writ petition filed by petitioner no.1 stands disposed of accordingly. The writ petition filed by petitioner nos.2 to 5 stands dismissed. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 7