IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.2010-11 OF 2018 (GM-RES) BETWEEN:
1. NASIMA KHANUM W/O MOHAMMED IBRAHIM AGED ABOUT 49 YEARS OWNER OF LUCKY HOTEL.
2. K ANWAR BASHA S/O KHADER SAB AGED ABOUT 55 YEARS OWNER OF LUCKY HOTEL.
BOTH ARE R/AT OLD POST OFFICE ROAD CHIKKAPETE, SORABA - 577429 SHIVAMOGGA DISTRICT.
… PETITIONERS (By Mr. NATARAJ C.D. ADV. FOR Mr. PRUTHVI WODEYAR, ADV.,) AND:
1. DISTRICT LEGAL SERVICES AUTHORITY COURT COMPLEX, ANNEXURE BUILDING 3RD FLOOR, SHIVAMOGGA - 577201 REP. BY ITS SECRETARY.
2. TALUK LEGAL SERVICES AUTHORITY COURT COMPLEX SORABA - 577429 SHIVAMOGGA DISTRICT REP. BY ITS SECRETARY.
3. POLICE CIRCLE INSPECTOR SORABA CIRCLE SORABA - 577429 SHIVAMOGGA DISTRICT.
4. CHIEF OFFICER TOWN MUNICIPAL COUNCIL SORABA - 577429 SHIVAMOGGA DISTRICT.
5. M S VENKATESH GUDIGAR, MAJOR OLD POST OFFICE ROAD OPPOSITE TO GOVERNMENT URDU SCHOOL CHIKKAPETE, SORABA - 577429 SHIVAMOGGA DISTRICT.
6. PRESIDENT S D M C GOVERNMENT URDU HIGHER PRIMARY SCHOOL CHIKKAPETE, SORABA - 577429 SHIVAMOGGA DISTRICT.
… RESPONDENTS (By Mr. P.D. SUBRAHMANYA, ADV., FOR R1, 2, 5 & 6 Mr. Y.D. HARSHA, AGA FOR R3 Mr. M.R. PATIL, ADV., FOR R4) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE COPY OF THE ORDER / NOTICE DATED 3.1.2018 ISSUED BY R-3 AT ANNEX-G. QUASH THE COPY OF THE ORDER / NOTICE DATED 5.1.2018 ISSUED BY R-4 AT ANNEX-H. QUASH THE ENTIRE PROCEEDINGS INITIATED BY R-2 IN CASE NO. PLC 08/2017 , PENDING BEFORE CIVIL JUDGE (SR. DIVISION) JMFC COURT, SORABA VIDE ANNEX-J & ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Nataraj C.D. for Mr.Pruthvi Wodeyar, learned counsel for the petitioners.
Mr.P.D.Subrahmanya, learned counsel for respondent Nos.1, 2, 5 & 6.
Mr.Y.D.Harsha, learned Additional Government Advocate for respondent No.3 Mr.M.R.Patil, learned counsel for respondent No.4.
2. The writ petitions are admitted for hearing.
With consent of the parties, the same are heard finally.
3. In these petitions under Article 226 of the Constitution of India, the petitioners have assailed the validity of the order/notice dated 03.01.2018 as well as the notice dated 05.01.2018 issued by respondent No.3 and respondent No.4 respectively.
4. When the matters were taken up today, learned counsel for the petitioners submitted that the petitioners after obtaining the necessary licence and permission from the statutory authority are running a non-veg hotel in Soraba Town, Chikkapet, Old Post Office Road, Shivamogga. However, by notice dated 05.01.2018, the petitioners have been asked to close down the hotel and shift the same.
5. Learned counsel for the petitioners further submits that they have the licence to run the hotel and all statutory permissions. On the other hand, learned counsel for respondent No.4 submits that the petitioners may produce all such documents before respondent No.4 and the aforesaid authority shall consider the documents, which may be produced by the petitioners and shall pass an order in accordance with law.
6. In view of the aforesaid submissions and in the facts of case, the petitions are disposed of with a direction that in case the petitioners file a reply to the notice dated 05.01.2015 within a period of three weeks from the date of receipt of the certified copy of the order passed today along with all necessary documents to the competent authority-respondent No.4, he shall consider the reply submitted by the petitioners and shall pass a speaking order in accordance with law within a period of four weeks form the date of receipt of such representation. Till the representation submitted by the petitioners is decided, no coercive action against the petitioners shall be taken.
Accordingly, the petitions are disposed of.
Sd/- JUDGE SS