Remanded

Manpho Convention Centre v. the Commissioner Bruhat Bengaluru Mahanagara Palike

Karnataka HC21 Feb 2022WP/2395/2022

Case brief

AI extract

What is this about?

In four writ petitions filed under Article 226, petitioners sought mandamus directing the BBMP to issue trade license renewal certificates for 2021-22 by adjusting paid fees. The court directed the immediate disposal of applications and restrained coercive steps pending such disposal.

What did the court decide?

Directed respondent No.4 to dispose of applications within two weeks; authorities restrained from coercive steps pending consideration; liberty to renew for 2022-23.

Manpho Convention Centre Vs the Commissioner… — Writ and Judicial Review | Karnataka HC (2022)

¶1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF FEBRUARY, 2022

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BEFORE

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THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION NO.2626 OF 2022 (LB-BMP) C/W WRIT PETITION NO.2395 OF 2022 (LB-BMP)

¶6

WRIT PETITION NO.2316 OF 2022 (LB-BMP) WRIT PETITION NO.2577 OF 2022 (LB-BMP)

¶7

IN WRIT PETITION NO.2626 OF 2022 (LB-BMP)

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BETWEEN:

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MANPHO CONVENTION CENTRE MANPHO BELL, GUBBI THOTTAADAPPA ROAD, BENGALURU 56009.

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REPRESENTED BY ITS G P A HOLDER,

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ARVIND PAREKH, S/O.LATE MANGILAL, AGED ABOUT 53 YEARS, RESIDING AT NO.20, 3RD CROSS, GANDHINAGAR, BENGALURU-560009. ... PETITIONER (BY SRI.RAVI.H.K, ADVOCATE)

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AND:

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THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.CIRCLE, BENGALURU-560002.

¶14

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THE SPECIAL COMMISSIONER/CHIEF HEALTH OFFICER SAMPIGE ROAD, JAI BHEEM NAGAR, MALLESHWARAM,

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BENGALURU-560003.

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THE MEDICAL OFFICER BRUHAT BENGALURU MAHANAGARA PALIKE, BYATARAYANAPURA, BELLARY ROAD,

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BENGALURU-560092.

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THE OFFICER OF HEALTH OFFICE OF THE MEDICAL OFFICER OF HEALTH, BRUHAT BENGALURU MAHANAGARA PALIKE, BYATARAYANAPURA MOH, AMRUTAHALLI,

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BENGALURU-560092. ... RESPONDENTS

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(BY SRI. PRASHANTH CHANDRA, ADVOCATE FOR R1 TO R4)

¶22

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ISSUE THE TRADE LICENSE RENEWAL CERTIFICATE FOR THE YEAR 2021-22 I.E, FROM 1ST APRIL 2021 TO 31.03.2022 TO THE PETITIONER BY THE ADJUSTING THE PAYMENT OF RS.2,50,000/- MADE BY THE PETITIONER ON 25.02.2021 VIDE TRANSACTION NO.VSB19780468802CHF9221113 TO THE BBMP ACCOUNT NO.3199602162096 VIDE ANNEXURE-C TOWARDS THE FEE FOR RENEWAL OF TRADE LICENSE FOR THE YEAR 2021-22 I.E., FROM 1 ST APRIL 2021 TO 31.03.2022 AND ETC.

¶23

IN WRIT PETITION NO.2395 OF 2022 (LB-BMP)

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BETWEEN:

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MANPHO CONVENTION CENTRE NO.91/4, 103/3 VEERANNAPALYA NAGAVARA RING ROAD OPP. BEL CORPORATE OFFICE BENGALURU-560045

¶26

¶27

REPRESENTED BY ITS GPA HOLDER ARVIND PAREKH S/O LATE MANGILAL AGED ABOUT 53 YEARS, R/AT NO.20 3RD CROSS GANDHINAGAR BENGALURU-560009

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... PETITIONER

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(BY SRI.RAVI.H.K, ADVOCATE)

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AND:

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THE COMMISSIONER BRUHAT

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BENGALURU MAHANAGARA PALIKE N R CIRCLE

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BENGALURU-560002

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THE SPECIAL COMMISSIONER/

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CHIEF HEALTH OFFICER

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SAMPIGE ROAD JAI BHEEM NAGAR

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MALLESHWARAM

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BENGALURU-560003

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THE MEDICAL OFFICER BRUHAT BENGALURU MAHANAGARA PALIKE BYATARAYANAPURA

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BELLARY ROAD

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BENGALURU-560092

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THE OFFICER OF HEALTH OFFICE OF THE MEDICAL OFFICER OF HEALTH

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BRUHAT BENGALURU MAHANAGARA PALIKE

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BYATARAYANAPURA MOH AMRUTAHALLI

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BENGALURU-560092

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... RESPONDENTS

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(BY SRI.PRASHANTH CHANDRA ADVOCATE FOR R1 TO R4)

¶48

¶49

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS ISSUE THE TRADE LICENSE RENEWAL CERTIFICATE FOR THE YEAR 2021-22 I.E., FROM 1ST APRIL 2021 TO 31.03.2022 TO THE PETITIONER BY ADJUSTING THE PAYMENT OF RS.80,500/- MADE BY THE PETITIONER ON 25.02.2021 TO THE BBMP ACCOUNT NO.3199599162096 VIDE ANNEXURE-C TOWARDS THE FEE FOR RENEWAL OF TRADE LICENSE FOR THE YEAR 2021-22 I.E., FROM 1ST APRIL 2021 TO 31.03.2022 BY ISSUING A WRIT OF MANDAMUS AND ETC.

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IN WRIT PETITION NO.2316 OF 2022 (LB-BMP)

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BETWEEN:

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M/S EVENT-X NO.90 VEERANNAPALYA NAGAVARA RING ROAD BENGALURU -560045

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A PARTNERSHIP FIRM REPRESENTED BY ITS PARTNER

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SHIKAR PAREKH S/O ARVIND KUMAR PAREKH AGED ABOUT 29 YEARS, RESIDING AT NO.20 3RD CROSS, GANDHINAGAR BENGALURU-560009

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... PETITIONER

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(BY SRI.RAVI.H.K, ADVOCATE)

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AND:

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THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N R CIRCLE

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BENGALURU-560002

¶60

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THE SPECIAL COMMISSIONER/ CHIEF HEALTH OFFICER

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SAMPIGE ROAD, JAI BHEEM NAGAR MALLESHWARAM

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BENGALURU-560003

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THE MEDICAL OFFICER BRUHAT BENGALURU MAHANAGARA PALIKE

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BYATARAYANAPURA BELLARY ROAD

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BENGALURU-560092

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THE OFFICER OF HEALTH OFFICE OF THE MEDICAL OFFICER OF HEALTH

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BRUHAT BENGALURU MAHANAGARAPALIKE BYATARAYANAPURA MOH AMRUTAHALLI

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BENGALURU-560092

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... RESPONDENTS

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(BY SRI.PRASHANTH CHANDRA ADVOCATE FOR R1 TO R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO THE RESPONDENTS TO ISSUE THE TRADE LICENSE RENEWAL CERTIFICATE FOR THE YEAR 2021-22 I.E., FROM 1ST APRIL 2021 TO 31.03.2022 TO THE PETITIONER BY ADJUSTING THE PAYMENT OF RS.3,500/- MADE BY THE PETITIONER ON 25.02.2021 VIDE TRANSACTION NO.VSB19780316577CHF9213876 TO THE B.B.M.P. ACCOUNT NO.3199603162095 VIDE ANNEXURE-C TOWARDS THE FEE FOR RENEWAL OF TRADE LICENSE FOR THE YEAR 2021-22 I.E., FROM 1ST APRIL 2021 TO 31.03.2022 BY ISSUING A WRIT OF MANDAMUS AND ETC.

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IN WRIT PETITION NO.2577 OF 2022 (LB-BMP)

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BETWEEN:

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M/S MANPHO EXPORTS VEERANNAPLAYA

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NAGAVARA RING ROAD BENGALURU 560045

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A PARTNERSHIP FIRM REPRESENTED BY ITS PARTNER ARVIND KUMAR PAREKH S/O LATE MANGILAL AGED ABOUT 53 YEARS RESIDING AT NO 20 3RD CROSS GANDHINAGAR BENGALURU 560009 ... PETITIONER (BY SRI.RAVI.H.K, ADVOCATE)

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AND:

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THE COMMISSIONER BRUHAT BENGALURU MAHANGARA PALIKE

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N R CIRCLE

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BENGALURU 560002

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THE SPECIAL COMMISSIONER / CHIEF HEALTH OFFICER

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SAMPIGE ROAD

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JAI BHEEM NAGAR MALLESHWARAM

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BENGALURU 560003

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THE MEDICAL OFFICER BRUHAT BENGALURU MAHANAGARA PALIKE BYATARAYANAPURA

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BELLARY ROAD

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BENGALURU 560092

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THE OFFICER OF HEALTH OFFICE OF THE MEDICAL OFFICER OF HEALTH

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BRUHAT BENGALURU MAHANAGARA PALIKE

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BYATARAYANAPURA MOH

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AMRUTHAHALLI

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BENGALURU 560092

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... RESPONDENTS

¶96

(BY SRI.PRASHANTH CHANDRA ADVOCATE FOR R1 TO R4)

¶97

¶98

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ISSUE THE TRADE LICENSE RENEWAL CERTIFICATE FOR THE YEAR 2021-22 I.E., FROM 1ST APRIL 2021 TO 31.03.2022 TO THE PETITIONER BY ADJUSTING THE PAYMENT OF RS.45,500/- MADE BY THE PETITIONER ON 25.02.2021 TO THE BBMP ACCOUNT NO.3199601162097 VIDE ANNEXURE -C TOWARDS THE FEE FOR RENEWAL OF TRADE LICENSE FOR THE YEAR 2021-22 FROM 1ST APRIL 2021 TO 31.03.2022 BY ISSUING A WRIT OF MANDAMUS AND ETC.

¶99

THIESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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In all these writ petitions, the petitioners have sought for writ of mandamus directing the respondent-BBMP to issue trade license/renewal certificate for the year 2021-22 i.e., from 1st April 2021 to 31.03.2022 to the petitioners by adjusting the payment of Rs. 2,50,500/-.

¶102

The petitioner grievance is that the respondent-BBMP without considering the application submitted by the petitioner for renewal of trade license are trying to interfering with the business run by petitioner.

¶103

Learned counsel for the respondent-BBMP submits that the application submitted by the petitioner will be considered in accordance with law if reasonable time is granted.

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¶105

Therefore, it is expedient to dispose of the writ petition directing the respondent No.4 to dispose of the application dated 27.09.2021 submitted by the petitioner at annexure D in all these writ petitions and pass appropriate order in accordance with law within a period of two weeks from the date of receipt of certified copy of this order.

¶106

The applications dated 25.02.2021 submitted by the petitioners shall be considered and appropriate order be passed within a period of two weeks. Till consideration of the application submitted by the petitioner, the respondentBBMP, if not already considered, the application submitted by petitioner, the respondent-BBMP is hereby restrained from taking any coercive steps against the petitioner.

¶107

Petitioners are also at liberty to submit the applications

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for grant of renewal of trade license in their favour for the period 2022 to 2023 in accordance with law.

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Sd/JUDGE

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Manpho Convention Centre v. the Commissioner Bruhat Bengaluru Mahanagara Palike

Case brief

What is this about?

What did the court decide?

Manpho Convention Centre v. the Commissioner Bruhat Bengaluru Mahanagara Palike

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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