Allowed

Mr. Zabi Ulla v. the Commissioner

Karnataka HC11 Apr 2023WP/679/2023

Case brief

AI extract

What is this about?

In this writ petition filed under Articles 226 and 227 of the Constitution, petitioners challenged the respondents' inaction regarding their trade licence applications for buffalo meat business. The Court held that delaying consideration for two years deprived petitioners of their constitutional right to trade under Article 19 and directed the respondents to decide the pending applications within

What did the court decide?

Issued a writ of mandamus directing the respondents to consider the petitioners' applications and representations within twelve weeks.

Mr. Zabi Ulla Vs the Commissioner — Service and Employment | Karnataka HC (2023)

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1 - WP No. 679 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF APRIL, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 679 OF 2023 (LB-RES)

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BETWEEN:

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MR. ZABI ULLA AGED ABOUT 37 YEARS S/O RIYAZ AHMED 52, 2^ND CROSS LEFT SIDE MASJID TIPPU NAGAR SHIMOGA – 577202

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MR RAFIQ AHMED KHAN AGE ABOUT 72 YEARS S/O LATE H A MOHAMMED KHAN

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48/1 ALEMAN STREET, LASKAR MOHALLA

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SHIMOGA - 577201

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Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA

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MR AHMMED SHARIFF AGE ABOUT 52 YEARS S/O MOHAMMED 1ST CROSS BYPASS ROAD, SAVAI PALYA NEW MANDLI SHIMOGA – 577202

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MR MOHAMMED ZABIULLA AGED ABOUT 33 YEARS S/O LATE MOHAMMED BYPASS ROAD, NEW MANDLI SHIMOGGA – 577202

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MR ABBAS KHAN AGED ABOUT 76 YEARS S/O AHAMD KHAN 2ND CROSS LEFT SIDE TIPPUNAGARA SHIMOGA - 577201

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MR SYED SALMAN AGED ABOUT 34 YEARS S/O SYED GAFFAR

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WP No. 679 of 2023

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2/45 TUNGA NAGAR NORTH SIDE STREET GOPALA EXTENSION SHIMOGA – 577205

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MR USMAN ALI AGED ABOUT 48 YEARS C/O ABDUL RAZAQ SAHEB, BYPASS ROAD, 1^ST CROSS NEW MANDLI SHIMOGGA 577202

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…PETITIONERS

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(BY SRI. JAGADEESHA B N.,ADVOCATE)

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AND:

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THE COMMISSIONER SHIVAMOGGA CITY CORPORATION OPPOSITE GANDHI PARK SHIVAMOGGA- 577201

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THE DIRECTOR DIRECTORATE OF MUNICIPAL ADMINISTRATION 9^TH AND 10^TH FLOOR VISHVESWARIAH TOWER DR B R AMBEDKAR VEEDHI BANGALORE – 560001

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DEPUTY COMMISSIONER DEPUTY COMMISSIONER OFFICE SIR M V ROAD SAVALANGA ROAD SHIVAMOGGA- 577201

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THE STATE OF KARNATAKA REP BY ADDL CHIEF SECRETARY URBAN DEVELOPMENT DEPARTMENT R NO 436 VIKASA SOUDHA DR B R AMBEDKAR VEEDHI BENGALURU - 560001

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…RESPONDENTS

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(BY SRI. NITYANANDA K.R., AGA FOR R2 TO R4; SRI. GVIND BHARATH M.V., ADVOCATE FOR SRI. SHOWRI H R.,ADVOCATE FOR R1)

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WP No. 679 of 2023

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO ISSUE TRADE LICENCES AS SOUGHT BY THE PETITIONERS AT ANNEXURE-B1 TO B7 INDIVIDUAL APPLICATIONS OF THE PETITIONERS DATED 15.12.2021 TO CARRY ON THE TRADE OF BUFFALO MEAT AS PER THE RELEVANT LAWS AND ETC.

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners are before this Court seeking for the following reliefs:

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a. Issue a writ of mandamus directing the Respondent to issue trade licences as sought by the Petitioners at Annexure-B1 to B7 Individual applications of the Petitioners dated 15.12.2021 to carry on the trade of buffalo meat as per the relevant laws.

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b. Pass any other writ, directions or orders and further relief in the interest of justice and equity.

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The petitioners, residents of Shivamogga town had submitted representation on 15.12.2021, as also applications for grant of certain trade licence to conduct their trade despite the application having been submitted in the year 2021, no action was taken, in furtherance thereof the petitioners had submitted further representation on 3.08.2022,

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WP No. 679 of 2023

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9.08.2022 and 14.11.2022 which also remained

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unanswered by the respondents.

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Learned counsel for the respondents submits that there are grounds which enable the respondents to reject the said applications.

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Whenever any application for trade licence or the like is submitted to a statutory authority, same is required to be considered by the statutory authority and either accepted or rejected within a reasonable time. Merely because there are grounds for rejection does not entitle a statutory authority to sit on the file for long period of time, in this case two years depriving the petitioners of their constitutional right under Article 19 of the Constitution of India to practice their trade and profession.

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If at all the respondents have reasons to reject the applications, the respondents are free to do so by considering and passing reasoned order in

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WP No. 679 of 2023

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accordance with law, however by not sitting on the file. Hence, I pass the following:

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ORDER

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i. The writ petition is allowed. A mandamus is issued directing the respondents to consider the applications of the petitioners, as also the representations submitted by the petitioners within a period of twelve weeks from the date of receipt of copy of this order.

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Sd/JUDGE

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LN List No.: 1 Sl No.: 150

Mr. Zabi Ulla v. the Commissioner

Case brief

What is this about?

What did the court decide?

Mr. Zabi Ulla 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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