Allowed

Mr. K. Balakrishna v. the Commissioner

Karnataka HC10 Mar 2022WP/51899/2016

Case brief

AI extract

What is this about?

A Lok Adalat order allowed a writ petition under Articles 226 and 227 of the Constitution, directing the Bruhat Bengaluru Mahanagara Palike Commissioner and Health Officer to consider the petitioner's trade licence application and open the shop premises within eight weeks.

What did the court decide?

Direction to consider trade licence application and open shop premises within eight weeks.

Mr. K. Balakrishna Vs the Commissioner — Constitutional and Fundamental Rights | Karnataka HC (2022)

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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^th DAY OF MARCH, 2022

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CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE B. VEERAPPA

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SRI. M.N. UMASHANKAR, MEMBER

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W.P. No. 51899/2016 (LB-BMP) (Lok Adalat No. 87/2022)

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BETWEEN

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Mr. K. Balakrishna S/o Mr. Krishnappa, Aged about 54 years, R/at 1/6-3, Rangamma Garden, PKS Naidu Layout, Doddigunta, Fraser Town, Bengaluru-560 005. ...PETITIONER

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(By Sri. : B. Roopesha, Advocate)

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AND

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1 . The Commissioner, Bhruhat Bengaluru Mahanagara Palike, N.R. Square, Kittoor Rani Chennamma Circle, Old Hudson Circle, Bengaluru – 560 001.

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Health Officer, BBMP, Ward No.27, Sarvagna Nagar, Banaswadi, Bengaluru – 560 005. RESPONDENTS

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(By Sri. V. Srinidhi, Advocate for R-1 and R-2)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSITUTION OF INDIA, PRAYING FOR A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE APPLICATION OF THE PETITIONER FOR GRANT OF TRADE LICENCE DATED 16.09.2016 IN APPLICATION NO.N16171609530266 VIDE ANNEXURE ‘E’ AND FURTHER DIRECT THE RESPONDENTS TO OPEN THE SHOP PREMISES FOR CARRYING BUSINESS.

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THIS PETITION COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED:

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CONCILIATION ORDER

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The petitioner has filed the present writ petition sought for a writ of mandamus directing the respondents to consider the application of the petitioner for grant of trade licence dated 16.09.2016 in Application No. N16171609530266 vide Annexure ‘E’ and further direct the respondents to

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open the shop premises for carrying business in accordance with law.

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The respondents have not filed any objections. Though the matter is of the year 2016 and there is no impediment for this Authority to issue a

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mandamus directing the respondents to consider the prayer sought by the petitioner.

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In view of the above, we pass the following :

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ORDER

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The Writ Petition is allowed and a writ of mandamus is issued directing the respondents to consider the application of the petitioner for grant of Trade Licence dated 16.09.2016 vide Annexure ‘E’ and further directing the respondents to open the shop premises for carrying business by the petitioner, in accordance with law within a period of eight weeks from the date of receipt

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of copy of this order without giving room for further proceedings.

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Sd/JUDGE

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Sd/MEMBER

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Rbv

Mr. K. Balakrishna v. the Commissioner

Case brief

What is this about?

What did the court decide?

Mr. K. Balakrishna v. the Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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