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2026 DAILYLAW 52167 (KAR)

M/S TRUSTO DOORSTEP LOGISTICS PVT. LTD. v. THE COMMISSIONER

WP/38805/2025 · 2026-01-12

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:1683 WP No. 38805 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 38805 OF 2025 (LB-BMP) BETWEEN: M/S TRUSTO DOORSTEP LOGISTICS PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OPERATIONAL PREMISES AT NO. 1, 2, 3, RHBCS 2ND STAGE, B BLOCK, SRIGANDHADA KAVAL, ANNAPOORNESHWARI NAGAR, NAGARABHAVI, BENGALURU - 560072. REPRESENTED BY ITS DIRECTOR SRI. HEMANTH K …PETITIONER (BY SRI. VINOD KUMAR D T.,ADVOCATE) AND: 1. THE COMMISSIONER GRATER BENGALURU AUTHORITY (BRUHAT BENGALURU MAHANAGARA PALIKE) N.R. SQUARE, BENGALURU 560002 2. THE HEALTH OFFICER, BENGALURU WEST NAGARA PALIKE, GRATER BENGALURU AUTHORITY, IDEAL HOMES LAYOUT, RAJARAJESHWARI NAGARA, RANGE NO. 01 BENGALURU 560098 …RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE NOTICE DATED 04.11.2025 IN Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1683 WP No. 38805 of 2025 NO.AY/GBA/PR/227/2025-26 ISSUED BY RESPONDENT NO.2 (ANNEXURE-G) AND ALL COERCIVE ACTIONS ATTEMPTED BY THE RESPONDENTS, AS ILLEGAL, ARBITRARY, AND VIOLATIVE OF PRINCIPLES OF NATURAL JUSTICE AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, 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; i) Issue a writ of certiorari quashing the notice dated 04.11.2025 in No.AY/GBA/PR/227/2025-26 issued by Respondent No.2 (Annexure-G) and all coercive actions attempted by the respondents, as illegal, arbitrary, and violative of principles of natural justice; ii) Issue a writ of mandamus restraining the respondents from sealing, closing, or interfering with the petitioner's lawful business operations at the premises No.1,2,3, RHBCS 2nd Stage, B Block, Srigandhada Kaval, Annapoorneshwari Nagar, Bengaluru-560072, except in accordance with law; iii) Direct the respondents to consider the petitioner's reply dated 06.11.2025 (Annexure-H) and pass a reasoned order after providing full opportunity of hearing; iv) Pass such other orders as this Hon'ble Court deems fit in the interest of justice and equity. 2. The petitioner is aggrieved by the notice dated 04.11.2025 calling upon the petitioner to stop its commercial activities being conducted in premise - 3 - HC-KAR NC: 2026:KHC:1683 WP No. 38805 of 2025 No.1, 2, 3, RHBCS 2nd Stage ‘B’ Block, Srigandhada Kaval, Annapoorneshwari Nagar, Nagarabhavi, Bangalore-560 072 and vacate the premises. 3. The submission of Sri.Vinod Kumar.D.J., learned counsel for the petitioner is that; 3.1. The petitioner is operating under a valid trade license for the year 2025-26 issued on 24.07.2025 by the BBMP Health Department, Rajarajeshwari Nagar under which the petitioner has been permitted to carry out logistics business and hence his submission is that the petitioner having validly obtained a trade licence, he cannot be stoped from carrying on its business in the said premises. 3.2. On enquiry with learned counsel for the petitioner as regards the zoning of the property, he fairly submits that the property is located in the residential zone, however a trade license has been issued the petitioner is well - 4 - HC-KAR NC: 2026:KHC:1683 WP No. 38805 of 2025 within his right to carry on the commercial business though in a residential area. 4. I am unable to accept the submission of learned counsel for the petitioner inasmuch as zoning of properties is made under law for the purpose of regulating the activities in each zone. Residential zoning being made for the purpose of occupation and use of the properties in that zone for residential purposes, carrying out any commercial activity in residential zone impacts the other persons who are residing in the residential zone, who expect peace and quiet when they are in their residences. 5. The submission of learned counsel for the petitioner in this regard is that apart from the business of the petitioner there are several other businesses being carried out in around property of the petitioner. 6. Even, if that were to be so the petitioner cannot claim the benefit of Article 14 of the Constitution when the petitioner has acted contrary to the - 5 - HC-KAR NC: 2026:KHC:1683 WP No. 38805 of 2025 applicable law. In that view of the matter, I do not find any infirmity in the order passed by the respondent. 7. However, the fact still remains that a trade license has been granted by respondent No.2 which is contrary to the applicable law. In that view of the matter, the Principal Secretary Urban Development Department, the Chief Commissioner, Greater Bangalore Authority and the Commissioner, Bangalore West City Corporation are directed to look into the matter and take appropriate steps and ensure such disciplinary action against the officer who had issued a licence as is permissible under law. 8. There are also directed to cause a enquiries, if there any other commercial premises operating in and around premises of the petitioner under the similar trade license granted by the Health Officer and to ensure that those businesses/commercial activities - 6 - HC-KAR NC: 2026:KHC:1683 WP No. 38805 of 2025 are restrained/removed by following the applicable law. As such, the pass the following; ORDER i. The writ petition stands dismissed. ii. Though the above petition is dismissed, re-list on 16.02.2026 for reporting compliance with the above. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 5