- 1 - HC-KAR NC: 2026:KHC:5971 WP No. 1826 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 1826 OF 2026 (LB-BMP) BETWEEN: SRI. SHAIK ROSHAN SUHAIL S/O. SHABEER AHMED, AGED ABOUT 33 YEARS, R/AT NO.69, 14TH CROSS, AL KAREEM MASJID, GOVINDAPURA MAIN ROAD, ARABIC COLLEGE, BENGALURU - 560 045. …PETITIONER (BY SRI. TEJAS N., ADVOCATE) AND: 1. THE COMMISSIONER GREATER BENGALURU AUTHORITY (GBA), N.R. SQUARE, HUDSON CIRCLE, NEAR CORPORATION, B.B.M.P., BENGALURU - 560 002. 2. MEDICAL OFFICER OF HEALTH, GREATER BENGALURU AUTHORITY, SARVAGNANAGAR, COX TOWN, BENGALURU - 560 008. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO CONSIDER THE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5971 WP No. 1826 of 2026 REPRESENTATION DATED 25-11-2025 AS PER THE ANNEXURE -B ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 reliefs: i) Issue an appropriate writ, order or directions, directing the respondent No.2 to consider the representation dated 25-11-2025 as per the ANNEXURE-'B' in the interest of justice and equity. ii) Issue an appropriate writ, order or directions directing the Respondent No.2 to consider and grant the required Trade License in favor of the petitioner for carrying on the said business at the mentioned premises, in the interest of justice and equity. iii) Issue direction to respondent No.1 to initiate appropriate action against the Respondent No.2, Medical Officer of Health, Greater Bengaluru Authority, Sarvagnanagar, Cox Town, Bengaluru - 560 008, for not following due procedure of law as contemplated under the Act. iv) Grant such other relief or reliefs as this Hon'ble Court deems fit to grant to the - 3 - HC-KAR NC: 2026:KHC:5971 WP No. 1826 of 2026 Petitioner in the facts and circumstances of the Case, in the interest of justice and equity. 2. The petitioner, having entered into a rental agreement dated 04.10.2025, has set up a food vending shop in the premises bearing number Shop No. 3 & 4, situated at Site Nos. 2 & 4, Sy. No.198, 5th Block, 1st Stage, 1st Main, HBR Layout, Bangalore 560 043. The respondents having seized and sealed the said shops on the ground that it has been set up in a residential area, the petitioner is before this Court. 3. The submission of learned counsel for the petitioner is that though there are several similar shops located nearby, the petitioner has been targeted and only action has been taken against the petitioner. His submission is also that since the petitioner is making payment of the taxes on commercial basis, the petitioner ought to have been granted a trade license to run the shop. In that background, the petitioner was called upon to verify and make a submission as regards the zoning of the property in question and the road width in front of the property. - 4 - HC-KAR NC: 2026:KHC:5971 WP No. 1826 of 2026 4. Today, learned counsel for the petitioner has filed a memo enclosing the coloured photocopy of the relevant zonal map. A perusal of the said zonal map would indicate that the property of the petitioner is located in residential area and as such in terms of the said zoning, the petitioner cannot carry out any commercial activity in the said Zone. The trade license has been rightly rejected by Respondent No. 2 as regards which the petitioner cannot have any grievance. 5. The respondents are directed to open the shop to enable the petitioner to remove all their articles from the said shop. The petitioner is granted a week's time to do so. It is however made clear that the petitioner shall not carry on any business during that time. 6. Insofar as the petitioner alone has been targeted, respondent no. 2 is directed to cause the inspection of the properties in and around the property of the petitioner to ascertain if there are any shops or commercial establishments established in the said - 5 - HC-KAR NC: 2026:KHC:5971 WP No. 1826 of 2026 residential zoning area without permission and if so, to take necessary action in relation thereto. 7. Though the petition is dismissed, for filing of report of respondent No.2 in respect of the above directions, re-list on 23.02.2026. SD/- (SURAJ GOVINDARAJ) JUDGE GSS List No.: 2 Sl No.: 11