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High Court of Karnataka · body

2026 DAILYLAW 9208 (KAR)

SRINIVASA H, v. GREATER BENGALURU AUTHORITY

WP/11403/2026 · 2026-04-09

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:19809 WP No. 11403 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.11403 OF 2026 (LB-BMP) BETWEEN: 1. SRINIVASA H, S/O LATE HANUMANTHAPPA, AGED ABOUT 73 YEARS, NO.3, BETHEL, FIRST FLOOR, ASHA TOWNSHIP, 10TH B CROSS, DODDAGUBBI, BANGALORE-560 077. 2. JAIHIND S/O MR. KANTHRAJ, AGED ABOUT 37 YEARS, PROPRIETOR OF M/S CREATIVE COLOR POWDER COATING, ARABIC COLLAGE ROAD NAGAVARA, BANGALORE-560 043. 3. ABDUL FAROOQ, S/O MR. IMAMSAB, AGED ABOUT 41 YEARS, PROPRIETOR OF M/S SANGAM BEDDING HOUSE, ARABIC COLLEGE ROAD NAGAVARA, BANGALORE - 560 043. 4. ABDUL NAYAZ, S/O MR. ABDUL NASEER, AGED ABOUT 48 YEARS, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19809 WP No. 11403 of 2026 PROPRIETOR OF M/S. N.H. FURITURE, ARABIC COLLEGE ROAD NAGAVARA, BANGALORE - 560 043. …PETITIONERS (BY SRI. VISHNU HEGDE, ADVOCATE) AND: 1. GREATER BENGALURU AUTHORITY (FORMERLY BBMP), REP BY THE CHIEF COMMISSIONER, HAVING OFFICE AT HUDSON CIRCLE, N.R. SQUARE, BENGALURU - 560 002. 2. THE COMMISSIONER, GREATER BENGALURU NORTH CITY CORPORATION, BELLARY ROAD, AMRUTHAHALLI MAIN ROAD, BYATARAYANAPURA, BENGALURU - 560 092. 3. THE MEDICAL OFFICER OF HEALTH (GBA), SARVAGNANAGAR RANGE, GREATER BENGALURU NORTH CITY CORPORATION, BENGALURU - 560 005. 4. SRI. CHANDRASHEKHAR @ H. MUNISWAMY, S/O. LATE A. HANUMANTHAPPA, AGED ABOUT 67 YEAR, R/ AT NO. 40/1, 2ND FLOOR, STANDAGE TOWN, RAZER TOWN, BENGALURU - 560 005. …RESPONDENTS - 3 - HC-KAR NC: 2026:KHC:19809 WP No. 11403 of 2026 (BY SRI. CHANDRASHEKAR H., ADVOCATE FOR C/R.4; SRI. PAWAN KUMAR, ADVOCATE FOR R.1 TO R.3.) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH AND SET ASIDE THE IMPUGNED FINAL NOTICE DATED 04.04.2026 VIDE NO.MOH(SAR)PR/238/2025-26 ISSUED BY THE RESPONDENT NO.3 TO PETITIONER NO.1; CLOSURE NOTICE DATED 06.04.2026 MOH(SAR)PR/ /2025-26 ISSUED BY RESPONDENT NO.3 TO PETITIONER NO.2, CLOSURE NOTICE DATED 06.04.2026 MOH(SAR)PR/ /2025-26 ISSUED BY RESPONDENT NO.3 TO PETITIONER NO.3; CLOSURE NOTICE DATED 06.04.2026 MOH(SAR)PR/ /2025-26 ISSUED BY RESPONDENT NO.3 TO PETITIONER NO.4, ALL ARE MARKED AS ANNEXURE NOS.A, B, C AND D, ETC. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 4 - HC-KAR NC: 2026:KHC:19809 WP No. 11403 of 2026 ORAL ORDER 1. Petitioners in the instant petition have challenged the final notice and closure notices of their businesses in the writ petition schedule property. The said notices are issued by respondent No.3. 2. The case of the petitioners is that they are running their businesses in accordance with law. However, respondent No.3 has issued the said notices without giving an opportunity of hearing to them. It is further submitted, if an opportunity of hearing is granted to them, they would produce all the relevant records and show how they are entitled to run their businesses in the property concerned. 3. Learned counsel for respondent Nos.1 to 3, though justifies the notices issued to the petitioners, candidly admits that no opportunity of hearing was granted to them before issuance of the said notices directing them to close down their respective businesses. 4. As no opportunity of hearing has been granted to the petitioners before issuance of the impugned notices, the - 5 - HC-KAR NC: 2026:KHC:19809 WP No. 11403 of 2026 impugned notices vide Annexures-A to D to the writ petition shall be treated as show cause notices and the petitioners are hereby granted time till 30.04.2026 to submit the necessary reply. Thereafter, respondent no.3 shall consider the reply submitted by the petitioners along with objections, if any, filed by respondent no.4, which shall also be submitted on or before 30.04.2026 and pass appropriate orders in accordance with law. The said exercise shall be completed within a period of one month thereafter. Till such time, no precipitative action shall be taken against the petitioners. The writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 95