- 1 - HC-KAR NC: 2026:KHC-D:1133 WP No. 100091 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.100091 OF 2026 (GM-POLICE) BETWEEN: SHRI. AMANULLA S/O. JAMILAHMED WAPRE, AGE. 45 YEARS, OCC. BUSINESS, OWNER OF HOTEL FARZAN FAMILY RESTAURANT AND PARCEL POINT NEAR ESI HOSPITAL, ARVIND NAGAR, KARWAR ROAD, HUBBALLI-580024. …PETITIONER (BY SRI. ROHIT L.SHEELVANT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU-560001. 2. THE COMMISSIONER OF POLICE, HUBLI-DHARWAD, DHARWAD DISTRICT, DHARWAD-580001. 3. CIRCLE POLICE INSPECTOR, OLD HUBLI POLICE STATION, HUBBALLI-23. …RESPONDENTS (BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADVOCATE) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:1133 WP No. 100091 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO I) ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTIONS DIRECTING THE RESPONDENTS NO.2 AND 3 NOT TO INTERFERE WITH DAY TODAY BUSINESS OF THE PETITIONER I.E. HOTEL FARZAN FAMILY RESTAURANT AND PARCEL POINT, NEAR ESI HOSPITAL, ARVIND NAGAR, KARWAD ROAD, HUBBALLI-24 AND PERMIT THE PETITIONERS TO RUN THE BUSINESS TILL 1:00 AM AS PER THE NOTIFICATION /OFFICIAL MEMORANDUM DATED 19.09.2024 BEARING NO.1514271/// /208/2024 PRODUCED AT ANNEXURE-F AND ALSO AS PER THE DIRECTIONS ISSUED BY THIS HON’BLE COURT IN WP NO.106364/2024 (GM-POLICE), WP NO.101889/2025 (GM-POLICE) AND WP NO.104334/2025 (GM- POLICE) PRODUCED AT ANNEXURE-E, E1 AND E2, IN THE INTEREST OF JUSTICE AND EQUITY. II) GRANT SUCH OTHER RELIEF’S AS THIS HON’BLE COURT DEEMED FIT IN CIRCUMSTANCES OF THE CASE. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC-D:1133 WP No. 100091 of 2026 ORAL ORDER The present writ petition is filed seeking the following prayers: “ i) Issue a writ in the nature of mandamus or any other appropriate writ, order of directions directing the respondent Nos.2 and 3 not to interfere with the day-to-day business of the petitioner i.e., Hotel Farzan Family Restaurant and Parcel Point, Near ESI Hospital, Arvind Nagar, Karwar Road, Hubballi-24, and permit the petitioners to run the business till 1 a.m. as per Notification/Official Memorandum bearing No.1514271/DMA/DEV/Etc/208/2024 dated 19.09.2024 produced at Annexure-F and also, as per directions issued by this Court in WP No.106364/2025(GM-Police) and WP No.104334/2025 (GM-Police) produced at Annexure-E, E1 and E2 in the interest of justice and equity. ii) Grant such other relief as this Hon’ble Court deems fit in the circumstances of the case.” 2. It is the case of the petitioner that he is carrying on business of Hotel/Restaurant in the name and style “Hotel Farzan Family Restaurant & Parcel Point”, for which he had taken the Trade License and the same is renewed from time to time and is valid upto 31.03.2027. The petitioner's shop has been registered under the Karnataka Shops and Commercial Establishments Act, - 4 - HC-KAR NC: 2026:KHC-D:1133 WP No. 100091 of 2026 1961 and also under the Food Safety and Standards Authority of India. 3. It is the grievance of the petitioner that repeatedly during the last week of November, 2025 and first week of December 2025, the officers of respondent No.3 visited the hotel of the petitioner and started abusing them in the presence of customers and also warned the petitioner to close their shop at 10 p.m., otherwise they would register a case and also informed that they have instructions from the higher officers to take up action. He submitted that when the respondents have insisted to close the restaurant, the similarly placed people have filed WP No.106364 of 2024 and connected matters. The said petitions were allowed by order dated 20.11.2024 and directions were issued to the respondent/Authorities not to restrict the business hours of the petitioner therein till 01.00 a.m. as per the Official Memorandum/Notification dated 19.09.2024 issued by the State Government. It is submitted that the respondents are not adhering to the said Notification that is issued by the government and also several orders that are passed by Co- ordinate Benches of this Court from time to time. - 5 - HC-KAR NC: 2026:KHC-D:1133 WP No. 100091 of 2026 4. Learned AGA appearing on behalf of the respondents submits that as per his instructions, they are not interfering with the business of the petitioner. However, it is submitted that even as per the order, which the petitioner is relying upon, if any illegal activities are carried out by the petitioner, the respondents are always at liberty to visit the premises and take action in accordance with law. 5. Having heard the learned counsels on either side, perused the material on record. The grievance of the petitioner is that they are interfering with the business of the petitioner and they are insisting him to close the business by 10 p.m. and as per the notification issued by the government, they can keep it open till 01.00 a.m. Learned AGA submits that they are not interfering with the business of the petitioner. Considering all these submissions, this Court is passing the following order: ORDER i) The respondents shall not interfere with the business hours of the petitioner and as per the notification issued by the government dated 19.09.2024, the petitioner can carryon the business till 01.00 a.m. - 6 - HC-KAR NC: 2026:KHC-D:1133 WP No. 100091 of 2026 ii) The respondents/authorities are always at liberty to visit the premises of the petitioner/hotel, if any illegal activities are carried out by the petitioner. iii) The respondents shall follow the due process of law. iv) Accordingly, the writ petition is disposed of. v) All I.A.s. in this writ petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI JTR CT: UMD List No.: 1 Sl No.: 26