IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.27271 OF 2018 (GM-POLICE) BETWEEN:
M/s. City Centaur International Private Limited, G.T.Road, Near Shanthala Circle, Bengaluru-560 023, Represented by its Director Sri.H.M.Nataraj, S/o. Late Mallikarjunaiah, Aged about 56 years. ….Petitioner (By Sri. R.P.Somashekharaiah, Advocate) AND:
1. State of Karnataka, Rep. by its Secretary, Home Department, M.S.Building, Bengaluru-560 001.
2. The Commissioner of Police, Infentry Road, Bengaluru-560 001.
3. The Dy.Commissioner of Police, West Division, Upparpet, Bengaluru-560 009.
4. Asst. Commissioner of Police, Upparpet, Bengaluru-560 009.
5. Inspector of Police, Cottonpet Police Station, Bengaluru-560 009. …Respondents (By Sri.Vijay Kumar A.Patil, AGA) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the closure notice dated 11.06.2018 vide Annexure-E issued by the respondents and etc.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri.R.P.Somashekharaiah, learned counsel for the petitioner.
Sri.Vijay Kumar A. Patil, learned AGA accepts notice for respondents.
The petition is admitted for hearing. With the consent of both parties, the same is heard finally.
2. In this petition, the petitioner has prayed for the following reliefs:
“a) To issue writ in the nature of certiorari and quash the closure notice dated 11.06.2018 in No.43/MAG/COP/2018/103 under Annexure-E issued by the respondents and b) Issue such other order or direction as may be deemed fit to grant in the circumstances of the case.”
3. When the matter was taken up today, learned counsel for the petitioner submitted that the case of the petitioner is not covered under the Licensing and Controlling of Places of Public Entertainment (Bangalore City) Order, 2005 (hereinafter referred to as ‘2005 Order’ for short).
4. On the other hand, learned AGA submits that in case the petitioner files a reply to the aforesaid notice, the Commissioner of Police, Bengaluru City, after affording an opportunity of hearing to the petitioner shall decide the same by a speaking order within such time as may be fixed by this Court.
5. In view of the aforesaid submissions and in the facts of the case, the petition is disposed of with liberty to the petitioner that in case he files a reply to the notice dated 11.06.2018 issued by the Commissioner of Police, Bengaluru City within a period of one week from the date of receipt of the certified copy of the order passed today pointing out to him that the activities of the petitioner do not fall within the purview of 2005 Order, the aforesaid authority after affording an opportunity of hearing to the petitioner shall decide the same by a speaking order within a period of two weeks from the date of such reply.
With the aforesaid observations, the writ petition is disposed of.
Sd/- JUDGE dn/-