- 1 - HC-KAR NC: 2026:KHC:991 WP No. 26664 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 26664 OF 2023 (LB-RES) BETWEEN: 1. SMT VINEETHA P S W/O SANTHOSH KUMAR P.R AGED ABOUT 30 YEARS, 2. SRI SANTOSH KUMAR P R S/O RAMESH BABU, AGED ABOUT 35 YEARS, BOTH ARE R/AT NO. 101, 19TH WARD, GEETHA MANDIR ROAD, BAGEPALLI-561207 CHIKKABALLAPUR DISTRICT. …PETITIONERS (BY SRI. SRINIVASA K R.,ADVOCATE) AND: 1. THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL, BAGEPALLI TALUK, BAGEPALLI-561207 CHIKKABALLAPUR DISTRICT. 2. THE PROJECT DIRECTOR DISTRICT URBAN DEVELOPMENT CELL, OFFICE OF THE DEPUTY COMMISSIONER, CHIKKABALLAPUR DISTRICT-562101. 3. THE ENVIRONMENTAL OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD, REGIONAL OFFICE, CHIKKABALLAPUR, CHIKKABALLAPUR DISTRICT-562101. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:991 WP No. 26664 of 2023 4. THE STATION HOUSE OFFICER BAGEPALLI POLICE STATION, BAGEPALLI-561207 CHIKKABALLAPUR DISTRICT. 5. SRI SACHIDANANDA GIRI S/O LATE NARAYANA, AGED ABOUT 83 YEARS, R/AT 19TH WARD, GEETHA MANDIR ROAD, BAGEPALLI-561207 CHIKKABALLAPUR DISTRICT. …RESPONDENTS (BY SRI. CHETHAN A C., ADVOCATE FOR R1; V/O DATED 2.1.2024 R2 TO R4 D/W; SRI. GOUTHAM MOHAN., ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENTS 1 TO 4 TO TAKE IMMEDIATE LEGAL ACTION AGAINST THE R-5 TO PREVENT HIM FROM CONTINUING THE COMMERCIAL ACTIVITIES IN HIS RESIDENTIAL PROPERTY 19TH WARD, BAGEPALLI PURA, BAGEPALLI, ASSMENT NO. 250 CHIKKABALLAPURA DISTRICT AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs; a. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the Respondents 1 to 4 to take immediate legal action against Respondent No.5 to prevent him from continuing the commercial activities in his residential - 3 - HC-KAR NC: 2026:KHC:991 WP No. 26664 of 2023 property 19th ward, Bagepalli Pura, Bagepalli Assessment No. 250, Chikkaballapura District. b. Grant such other relief or reliefs as may deem fit to grant in the facts and circumstances of the case. 2. The petitioners claim that they are the residents of house No.101, Ward No.19, Geetha Mandir Road, Bagepalli, Chikkaballapura District. Respondent No.5 resides in a house opposite the house of the petitioner and had started yoga classes 3-4 years ago, as regards which the petitioner initially did not have any objection, considering that the same was in the interest of the local residents. 3. Subsequently, respondent No.5 stated having started organising meetings and functions as well as letting out the said house of respondent No.5 for conducting various functions. When several persons who are guests of the said function parked their vehicles in front of the house of the petitioner. Apart therefrom in the said property, mikes and loudspeakers are installed, which cause severe harm, injury to the petitioner on account of noise pollution etc., - 4 - HC-KAR NC: 2026:KHC:991 WP No. 26664 of 2023 4. It is further contended that, since the premises are being used for conducting such functions, the food waste, garbage, etc., are thrown around the property and not properly removed, resulting in foul smell and further injury to the environment of the petitioners. It is in that background that the petitioner had approached respondent No.1, respondent No.1 having not taken any action, the petitioner approached this Court seeking for the aforesaid reliefs. 5. Sri.Chethan.A.C., learned counsel for respondent No.1, submits that; 5.1. Initially, when there were no houses that had been constructed in the area, respondent No.1 had issued a license to respondent No.5 to conduct a mini function hall. Subsequently, once the houses were constructed in and around the place, respondent No.1 has not - 5 - HC-KAR NC: 2026:KHC:991 WP No. 26664 of 2023 renewed the license; the said license has expired in the year 2023-24. 5.2. His submission is that respondent No.5 has filed an application now, to again issue a licence for conducting small functions in the premises. His submission is that orders would be passed on the said application as per the directions of this Court. 6. Sri.Goutham Mohan., learned counsel for respondent No.5 would submit that; 6.1. The construction which has been put up by the petitioner was much earlier than the residential houses that have been constructed. The respondent No.5, having no other means of livelihood, is required to make use of the premises to let it out for conducting functions. 6.2. As such, he submits that this Court may direct respondent No.1 to consider the application submitted by respondent No.5 favourably. - 6 - HC-KAR NC: 2026:KHC:991 WP No. 26664 of 2023 7. Heard Sri.Srinivasa.K.R., learned counsel appearing for the petitioner, Sri.Chethan.A.C., learned counsel appearing for respondent No.1 and Sri.Goutham Mohan., learned counsel appearing for respondent No.5. perused papers. 8. It is not in dispute that the property of the petitioner and respondent No.5 are situated in a residential area and have been designated for residential purposes, though not permitted, respondent No.1 apparently had issued a license to respondent No.5 to make use of residential premises for commercial purposes in terms of permitting the conduct of small functions. 9. Though the submission of learned counsel for respondent No.1 and respondent No.5 is that small functions are being conducted, the fact remains that those functions are being conducted in residential premises and the functions are so conducted by third parties who are not residents of the said building but - 7 - HC-KAR NC: 2026:KHC:991 WP No. 26664 of 2023 by persons who hired the said premises, which is a commercial activity. 10. A person house is a castle for himself and any person or a family once they build a house, they expect peace and quiet in their house and not to be troubled by any of these kinds of functions and/or loudspeakers which are used in and around the residence of that person. Merely because respondent No.5 is an 85-year-old and has no other avocation would not entitle respondent No.5 to make use of residential premises for commercial purposes, nor would it empower respondent No.1 to issue such a license to respondent No.5 in a residential area. 11. The submission made by learned counsel for respondent No.1 is that the licence had been issued at a time when there were no other constructions in and around the area is no excuse for the conduct of respondent No.1 inasmuch as respondent No.1 being aware of the fact that said area is residential area - 8 - HC-KAR NC: 2026:KHC:991 WP No. 26664 of 2023 could not have issued such a license, merely because there were no other construction. It is that action on the part of respondent No.1 which has now emboldened respondent No.5 to seek further license, contending that till now respondent No.5 has been conducting such functions. 12. The Director, Municipal Administration, is therefore directed to take such action as may be necessary against such officers of respondent No.1 who had issued such a license to respondent No.5 and as also instruct all concerned that no such license can be issued by the Town Municipal Councils merely because there is no other construction in a residential area. 13. In view of my above finding and reasoning it is clear that respondent No.5 had been carrying out commercial activity in a residential area, the license now having expired in the year 2023-24, respondent No.5 cannot carry out any such functions in the said - 9 - HC-KAR NC: 2026:KHC:991 WP No. 26664 of 2023 premises. The application filed by respondent No.5 would have to be rejected by respondent No.1 in view of the above findings, as such, I pass the following; ORDER i. The writ petition is allowed. ii. A mandamus is issued, directing respondent No.1 to ensure that respondent No.5 does not in future carry out any commercial activity in his residential property situated in House No.101 Ward No.19, Geetha Mandir Road, Bagepalli, Chikkaballapura District. iii. In view of disposal of the main petition, pending IA's does not survive for consideration. Hence, IA stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 68