- 1 - HC-KAR NC: 2026:KHC:5247 WP No. 33302 of 2025 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. 33302 OF 2025 (LB) BETWEEN: 1. SRI.VIPIN PRAKASH S/O. K S PRAKASH KUMAR, AGED ABOUT 41 YEARS, R/AT. JAYANAGAR CROSS ROAD, MAROLI, ADUMAROLI, KULSHEKAR, MANGALORE- 575005. …PETITIONER (BY SRI. DHANANJAY KUMAR., ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY. CHIEF SECRETARY, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BANGALORE. 575001. 2. THE COMISSIONER, MANAGLORE CITY CORPORATION, MANAGLORE, D.K-575001. …RESPONDENTS (BY SRI.BELLIYAPPA BOPPANNA, AGA FOR R1; SRI. K.N.NITHISH, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO - DIRECTING THE R-2 I.E THE COMMISSIONER TO RENEW, RESTORE AND REINSTATE THE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5247 WP No. 33302 of 2025 PETITIONERS TRADE LICENSE NO.2025T388688 THEREBY PERMITTING THE PETITIONER TO CONTINUE THE BUSINESS OF VYBZ UNISEX SALON AND WELLNESS CENTRE AT BALMATTA ROAD MANGALORE VIDE ANX-C AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING '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 releifs: (a) Issue a Writ of Mandamus or any other appropriate Writ, Order, or Direction directing the Respondent No.2. i.e., the Commissioner to renew, restore and reinstate the petitioners Trade License No.2025t388688, thereby permitting the petitioner to continue the business of Vybz Unisex Salon & Wellness Centre at Balmatta Road, Mangalore vide Annexure-C. (b) Direct the respondent to remove the entry made in the said license or any related record indicating (c) Issue any other writ or order or direction that deems fit to grants in the circumstances of the case in the interest of justice and equity. 2. The petitioner claims to be the proprietor of a beauty salon and wellness center operating under the name and style of Vybz Unisex Saloon and Wellness Center situated at Crystal Arc Building, Balmatta Road, Mangalore, after obtaining a trade license from the respondent No.2, - 3 - HC-KAR NC: 2026:KHC:5247 WP No. 33302 of 2025 Mangalore City Corporation on 01.04.2025, which is valid until 31.03.2026. 3. The petitioner is before this Court aggrieved by the cancellation of the said trade license on 09.08.2025. The submission of learned counsel for the petitioner is that before such cancellation there was no notice which had been issued to the petitioner, nor was a reasoned order passed as to why the trade license had been cancelled. 4. Notice having been issued, respondent No.2 has entered appearance. 5. Sri. K.N.Nitish, learned counsel for respondent No.2 submits that there is a FIR in crime No.89/2025 filed against the petitioner and the manager of the saloon making allegations as regards offences under Sections 74, 75, 76, 115 (2), 352, 126(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. In pursuance of which the SHO/Investigating Officer had written to respondent No.2 informing about the said FIR and calling upon the respondents to take action. - 4 - HC-KAR NC: 2026:KHC:5247 WP No. 33302 of 2025 6. His submission is that it is in pursuance of the said correspondence of the Investigating Officer that the trade license has been cancelled and as such, no fault can be found. 7. Heard Sri. Dhananjay Kumar, learned counsel for the petitioner and Sri K.N.Nitish, learned counsel for respondent No.2, perused papers. 8. The short question that would arise for consideration in the present matter is whether respondent No.2 could have acted on a correspondence issue by the investigating officer and cancel the trade license issued to the petitioner. 9. There is substance in the submission of learned counsel for respondent No.2 that there are serious allegations which have been made against the petitioner in the FIR and in Crime No.89/2025, which has been registered. The Investigating Officer has informed the same to respondent No.2 and called upon respondent No.2 to take action in accordance with law. The same would not mean that respondent No.2 cancels the trade license without - 5 - HC-KAR NC: 2026:KHC:5247 WP No. 33302 of 2025 following the due process of law inasmuch as for the purpose of cancellation of any license issued by respondent No.2. It is required that a show cause notice is issued, the say of the noticee be considered, and thereafter, orders be passed by following the principles of natural justice and the procedure contemplated under the Karnataka Municipal Corporation Act, 1976. None of these having been done, I am of the considered opinion that however good the reasons may be, the decision making process which is required to follow the applicable law and procedure which has not been so followed. As such, I pass the following: ORDER i) Writ petition is allowed. ii) A certiorari is issued. The cancellation of the trade license bearing No.2025T388688 is quashed. iii) Liberty is reserved to respondent No.2 to initiate appropriate proceedings in accordance with law. Sd/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 2 Sl No.: 9