- 1 - HC-KAR NC: 2026:KHC:13578 WP No. 32837 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.32837 OF 2024 (LB-RES) BETWEEN: 1. P.J. ABU SALI S/O. LATE P.J. HASANABBA, AGED ABOUT 49 YEARS R/AT BOGODI HOUSE, PANE MANGALURU POST AND VILLAGE, BANTWAL TALUK, D.K. DISTRICT - 574 231. …PETITIONER (BY SRI. LETHIF B., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT, MANGALURU-575 001. 2. THE CHIEF OFFICER BANTWALA TOWN MUNICIPALITY, BANTWAL, D.K. DISTRICT-574 211. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP., FOR R.1; SRI. M. SUDHAKAR PAI, ADVOCATE FOR R.2.) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13578 WP No. 32837 of 2024 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS NO.1 AND 2 TO CONSIDER THE REPRESENTATION AT ANNEXURES-A AND B DATED 19.08.2024 AND 07.10.2024 RESPECTIVELY AND CONSEQUENTLY DIRECTED THE RESPONDENT NO.2 TO REMOVE THE ILLEGAL STRUCTURES AND VACATE THE ILLEGAL BUSINESS WITHIN THE JURISDICTION OF RESPONDENT NO.2 FORTHWITH IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. Petitioner was granted permission to run a business of selling hen "fêÀAvÀ PÉÆý ªÀiÁgÁl". On the ground that he was selling chicken illegally, action was initiated against him. It is submitted that presently the petitioner has closed his business. 2. The petitioner has no grievance about his business being closed and the action initiated by the respondents against him. His grievance is that there were several shops located around the shop of the petitioner who were carrying on similar businesses illegally without obtaining the necessary permission and that the respondents have issued notices to them. - 3 - HC-KAR NC: 2026:KHC:13578 WP No. 32837 of 2024 However, no action has been taken by the respondents against those persons. Hence, he has filed the present petition with the following prayers: "a. Issue Writ of Mandamus/order directing the respondent No.1 and 2 to consider the representation at Annexure-A and B dated: 19.08.2024 and 07.10.2024 respectively and consequently directed the 2nd respondent to remove the illegal structures and vacate the illegal business within the jurisdiction of 2nd respondent forthwith in the interest of justice. b. Issue any other order or directions which this Hon'ble Court deems fit and proper under the circumstances of this in the interest of justice and equity." 3. However, the petitioner has not impleaded those third parties against whom he has sought action from the respondents herein as parties to the proceedings. Further, the averments made in the writ petition do not disclose as to how any of the rights of the petitioner is violated and this is not a public interest petition. 4. No doubt, the respondents/authorities are duty bound to take action against illegal businesses that are operating within - 4 - HC-KAR NC: 2026:KHC:13578 WP No. 32837 of 2024 its jurisdiction. However, when the right of the petitioner has not been violated and the persons against whom he is requesting action to be initiated have not been made parties to the proceedings, the prayer sought by the petitioner cannot be granted. Hence, the writ petition is hereby dismissed. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 86