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2026 DAILYLAW 5119 (KAR)

SRI SHANKARA PRASAD RAI K S v. THE STATE OF KARNATAKA

WP/14113/2026 · 2026-04-29

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:23892 WP No. 14113 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 14113 OF 2026 (LB-RES) BETWEEN: 1. SRI. SHANKARA PRASAD RAI K.S. AGED ABOUT 71 YEARS S/O LATE SUBBANNA RAI 2. SMT. PURSHPALATHA S. RAI AGED ABOUT 63 YEARS W/O SHANKAR PRASAD RAI K.S. BOTH ARE RESIDING AT NO. 3-103 SAMPAJE, SULLIA TALUK DAKSHINA KANNADA DISTRICT-574 234. …PETITIONERS (BY SRI. VIKRAM PHADKE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA DR. B.R. AMBEDKAR ROAD BENGALURU-560 001. REP. BY ITS CHIEF SECRETARY. 2. SAMPAJE GRAMA PANCHAYATH SAMPAJE, SULLIA TALUK Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23892 WP No. 14113 of 2026 DAKSHINA KANNADA DISTRICT-574 234. REPRESENTED BY ITS PANCHAYATH DEVELOPMENT OFFICER. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R1; SRI. K.SHARANJITH SHETTY, ADVOCATE FOR R2) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT / ORDER IN THE NATURE OF CERTIORARI OR ANY SUCH OTHER WRIT OR ORDER, QUASHING THE ORDER / LETTER NO. Gram Panchayath.Sampaje:318/2025-26 DATED 02.03.2026, AT ANNEXURE-K, ISSUED BY THE 2ND RESPONDENT 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. The petitioners have been running a cafe. They have been issued an endorsement dated 02.03.2026 vide Annexure- K to the writ petition by respondent no.2, wherein they have been directed to stop the operation of the cafe since the trade license has expired and not renewed. The case of the petitioners is that they have made necessary application for - 3 - HC-KAR NC: 2026:KHC:23892 WP No. 14113 of 2026 renewal of the same. They further submit, they have no objection for submitting all the required documents to show that they are entitled to run a cafe in the premises. But if they are forced to stop their operations before a decision is taken by the authorities concerned, they would be put to irreparable loss and injury. 2. However, it is seen that petitioners are having an alternative and efficacious remedy under Section 269 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, to challenge the impugned endorsement. 3. For the aforementioned reasons, without expressing any opinion on the merits of the case, the petition stands disposed of reserving the liberty to the petitioners to approach the appropriate appellate authority in the manner known to law. However respondent no.2 is directed not to precipitate the matter against the petitioners for a period of eight weeks from today. - 4 - HC-KAR NC: 2026:KHC:23892 WP No. 14113 of 2026 4. If an appeal were to be filed, the appellate authority shall decide the matter without being influenced by any of the observations made herein above. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 2