IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.18147 OF 2019 (GM-POLICE) BETWEEN:
MR.ABDUL SATHAR, AGED ABOUT 45 YEARS, S/O.LATE BABAJAN, NO.191, 4TH A MAIN ROAD, SAINT JOSEPH CONVENT, BANNIMANTAPA A LAYOUT, MYSURU-570015.
(BY SRI.SHANKAR.H.S, ADVOCATE) AND:
... PETITIONER 1. M/S.ARMANI CAFÉ, INSIDE THE NALPAD HOTEL COMPOUND, MYSURU HIGHWAY CIRCLE, BANNIMANTAPPA A LAYOUT, MYSURU-570015, REPRESENTED BY ITS PROPRIETOR.
2. THE COMMISSIONER OF POLICE, MIRZA ROAD, NEAR GANDHIVANA PARK, NAZARBAD, MYSURU-570010.
3. THE INSPECTOR OF POLICE, NARASIMHARAJA POLICE STATION, N.R.MOHALLA, MYSURU-570007.
4. THE COMMISSIONER, MYSURU MAHANAGARA PALIKE, NEW SAYYAJIRAO ROAD, MYSURU-570007.
5. THE DEPUTY COMMISSIONER, MYSURU DISTRICT, MYSURU-570007.
... RESPONDENTS (BY SRI.B.BALAKRISHNA, AGA FOR R2 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 TO 4 TO TAKE ACTION AGAINST THE ILLEGAL BUSINESS CARRIED ON BY THE R-1 "ARMANI CAFÉ” SITUATED AT INSIDE THE NALPAD HOTEL COMPOUND, MYSURU HIGHWAY CIRCLE, BANNIMANTAPA A LAYOUT, MYSURU, BY CONSIDERING THE REPRESENTATION OF THE PETITIONER AT ANNEXURES-A, B, C AND F.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Shankar H.S., learned counsel for the petitioner.
Sri.B.Balakrishna, learned Additional Government Advocate for respondent Nos.2 to 5.
2. Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondent No.1.
3. In this petition, the petitioner inter alia seeks for a direction to respondent Nos.2 to 4 to take action against the illegal business carried on by the respondent No.1 – ‘Armani Café’ situated inside the Nalpad Hotel compound, Mysuru Highway Circle, Bannimantapa A Layout, Mysuru by considering the representations of the petitioner at Annexures A, B, C and F.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition be disposed of with a direction to the respondent No.5 to consider and decide the representations submitted by the petitioner in accordance with law.
5. On the other hand, learned Additional Government Advocate submitted that suitable action shall be taken in accordance with law.
6. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a direction to respondent No.5 to consider and decide the representations submitted by the petitioner in accordance with law by a speaking order, after affording an opportunity of hearing to the petitioner and respondent No.1, within a period of two months from the date of receipt of certified copy of the order passed today.
7. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE dn/-