SHRI SHIVANNANDI MUSHROOM DONNE BIRIYANI HOTEL v. THE STATE OF KARNATAKA
WP/5992/2026 · 2026-03-24
M I Arun
body2026
DailyLaw.ai
[ 2026 DAILYLAW 6654 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 6654 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:16575 WP No. 5992 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 5992 OF 2026 (LB-BMP) BETWEEN:
SHRI SHIVANANDI MUSHROOM DONNE BIRIYANI HOTEL NO.3/87/1, 8TH MAIN ROAD 3RD STAGE, 3RD BLOCK SANEGURUVANAHALLI (BASAVESHWARANAGAR) BENGALURU- 560 079
REP. BY ITS PROPRIETOR MR. NAVEEN …PETITIONER (BY SRI. PRAKASH K A., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REVENUE DEPARTMENT, 3RD GATE, 5TH FLOOR M.S. BUILDING DR. AMBEDKAR VEEDI BENGALURU- 560 001 REP. BY ITS PRINCIPAL SECRETARY
2.
THE CHIEF COMMISSIONER GREATER BENGALURU AUTHORITY (EARLIER BRUHAT BENGALURU MAHANAGARA PALIKE)
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:16575 WP No. 5992 of 2026
N.R. SQUARE, BENGALURU- 560 002
3.
THE HEALTH OFFICER RAJAJINAGAR BLOCK BENGALURU WEST CITY CORPORATION GREATER BENGALURU AUTHORITY (EARLIER BRUHAT BENGALURU MAHANAGARA PALIKE) RAJAJINAGAR RTO COMPLEX BENGALURU- 560 010
4.
THE ASSISTANT EXECUTIVE ENGINEER BENGALURU WEST CITY CORPORATION GREATER BENGALURU AUTHORITY (EARLIER BRUHAT BENGALURU MAHANAGARA PALIKE) BASAVESHWARANAGAR SUB-DIVISION BENGALURU- 560 079
5.
MR. GAJENDRA. A.
S/O. MR. AMARNATH. H.N.
AGE MAJOR R/AT NO.250, 5TH 'E' MAIN ROAD BOVI COLONY, BASAVESHWARANAGAR BENGALURU- 560 079 …RESPONDENTS (BY SRI. B.BOPANNA, AGA FOR R1;
SRI. B.S.KARTHIKEYAN., ADVOCATE FOR R2 TO R4;
GOPAL SINGH, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION OR ORDER SETTING ASIDE THE IMPUGNED FINAL NOTICE BEARING NO. A.Y.(RA.NA)/P.R/192/A/25-56 DATED
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HC-KAR NC: 2026:KHC:16575 WP No. 5992 of 2026
03.02.2026 ISSUED BY RESPONDENT NO.3 HEREIN VIDE ANNEXURE - E., AND ETC.
THIS PETITION, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER
Aggrieved by the notice dated 03.02.2026 issued by respondent No.3, the petitioner has preferred this writ petition.
2. The petitioner is running a hotel at BasaveshwaraNagar in the name and style of 'Shri Shivanandi Mushroom Donne Biriyani'.
3. The impugned notice has been issued to the petitioner on the grounds that he is not maintaining hygiene, has encroached upon the footpath, and has established the hotel in a residential area, which is impermissible.
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HC-KAR NC: 2026:KHC:16575 WP No. 5992 of 2026
4. The
learned counsel appearing for the respondents submits that, against the impugned notice, the petitioner has an efficacious alternative remedy by way of an appeal before the Chief Commissioner of the Greater Bengaluru Authority (for short, ‘the GBA’) under Section 309 of the Greater Bengaluru Governance Act,
2024.
5. The petitioner is not in a position to contravene the availability of an alternative and efficacious remedy.
6. For the aforementioned reasons, the Writ Petition is hereby dismissed, reserving liberty to the petitioner to approach the Appellate Authority, in the manner known to law.
Sd/- (M.I.ARUN) JUDGE
CH List No.: 1 Sl No.: 50