- 1 - HC-KAR NC: 2026:KHC:6649 WP No. 31953 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RDDAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 31953 OF 2018 (LB-RES) BETWEEN: KUMARA KOTIAN S/O VENKAPPA AGED ABOUT 61 YEARS R/AT NO.5-14/12, ALAPE, PADIL MAROLI ROAD MANGALORE-575001, D.K. …PETITIONER (BY SRI. KRISHNAMOORTHY D.,ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT M S BUILDING BANGALORE-560001 REP. BY ITS SECRETARY. 2. THE MANGALORE CITY CORPORATION LALBAGH OFFICE MANGALORE DAKSHINA KANNADA-575001 REP. BY ITS COMMISSIONER. 3. THE HEALTH OFFICER MANGALORE CITY CORPORATION LALBAGH OFFICE, MANGALORE DAKSHINA KANNADA-575001. 4. HARINARAYANA BHAT AGED ABOUT 62 YEARS R/AT NO.5-14/13 NAMMI NIVASA MAROLI PADIL ROA Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6649 WP No. 31953 of 2018 MANGALORE-575001, D.K. …RESPONDENTS (BY SRI. CHANDINI SINGH, HCGP FOR R1; SRI. AJAY J. NANDALIKE, ADVOCATE FOR R2 AND R3; R4 – SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS, QUASH THE ORDER IMPUGNED PASSED BY THE 3RD RESPONDENT/HEALTH OFFICER, MANGALORE CITY CORPORATION DATED 11.07.2018 PRODUCED AT ANNEXURE-D AND ALLOWS THE WRIT PETITION AND ETC. 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. The petitioner is before this Court seeking for the following reliefs: a) “Issue a Writ of certiorari quashing the order impugned passed by the 3rd respondent/Health Officer, Mangalore City Corporation dated 11-07- 2018 bearing No MaNaPa/MA/Kam/CR.288/14- 15/H2 produced at ANNEXURE-D and allows the Writ petition in the interest of justice and equity. b) Issue a Writ of certiorari quashing the order impugned passed by the passed by the 2nd respondent/ Commissioner, Mangalore City Corporation bearing No.H4/CR/371/2017-18 dated 28-06-2018 produced at Annexure-C and allow the Writ petition in the interest of justice and equity. - 3 - HC-KAR NC: 2026:KHC:6649 WP No. 31953 of 2018 c) Issue any other writ, order or direction as this Hon'ble court Deems fit in the facts and circumstances of the case in the interest of justice and equity.” 2. The petitioner is aggrieved by the order dated 11.07.2018 of respondent No.3, cancelling the trade licence of the petitioner. The said cancellation has been occasioned on account of multiple complaints filed by respondent No.4. 3. Learned counsel for the petitioner submits that the issue has already been decided by a Co-ordinate Bench of this Court vide its order dated 23.06.2010 in W.P.No.29775/2009, wherein it has been directed that the petitioner shall carry on the business activity between 09.00 a.m. and 05.00 p.m. on each working day. 4. His submission is that once a Co-ordinate Bench of this Court had permitted the petitioner to carry on business in that time line, respondents cannot cancel - 4 - HC-KAR NC: 2026:KHC:6649 WP No. 31953 of 2018 the trade license which had been issued to the petitioner. 5. Learned counsel for the respondents submits that the respondents would abide by the aforesaid order dated 23.06.2010 in W.P.No.29775/2009 and issue a new trade license with the specific endorsement that the operation of the petitioner's business shall be carried on only between 09.00 a.m. to 05.00 p.m., which would have to be affixed in the premises for general public viewing. 6. The submission of learned counsel for the petitioner is borne out by Annexure B being the aforesaid order, where it has been clearly indicated that the petitioner can carry on business activity between 09.00 a.m. and 05.00 p.m. The very same allegation, which had been made against the petitioner, having been considered in the said writ petition. - 5 - HC-KAR NC: 2026:KHC:6649 WP No. 31953 of 2018 7. Respondent No.4 herein being respondent No.4 therein, I am of the considered opinion that the lis having been already decided, Respondent No.3 could not have cancelled the trade licence issued in favour of the petitioner. 8. In that view of the matter, I pass the following: ORDER i) Writ petition is partly allowed. ii) A certiorari is issued, the impugned order dated 11.07.2018 passed by respondent No.3 at Annexure–D and the impugned order dated 28.06.2018 passed by respondent No.2 at Annexure–C are quashed. iii) Respondent No.3 is directed to issue a trade licence to the petitioner, indicating the working time of the petitioner as 09.00 a.m. to 05.00 p.m. within 30 days of the receipt of a copy of this order. The petitioner shall display the said trade licence at the premises in question. - 6 - HC-KAR NC: 2026:KHC:6649 WP No. 31953 of 2018 iv) The petitioner is restrained from carrying on any business activity prior to 09.00 a.m. or post 05.00 p.m. Sd/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 4