Mr Sanjib K R Deori Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Mr Sanjib K R Deori Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

NC: 2025:KHC:16602 WP No. 11160 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22^ND DAY OF APRIL, 2025

BEFORE

THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 11160 OF 2025 (GM-POLICE)

BETWEEN:

MR.SANJIB K.R. DEORI S/O SARAT KUMAR DEORI AGED ABOUT 35 YEARS PROPRIETOR OF NEERA THAI SPA, OFFICE AT: 1/25, 1^ST CROSS, 20^TH MAIN, MARUTHI NAGAR MAIN ROAD, BTM 1^ST STAGE, BTM LAYOUT, BENGALURU – 560 029.

…PETITIONER

(BY SRI RAVINDRA PRASAD B., ADVOCATE)

AND:

Digitally signed by NAGAVENI Location: High Court of Karnataka

THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME VIDHNA SOUDHA, AMBEDKAR VEEDHI, BENGALURU – 560 001.

THE COMMISSIONER OF POLICE INFANTRY ROAD, BENGALURU CITY, BENGALURU – 560 001.

THE DEPUTY COMMISSIONER OF POLICE,

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SOUTH END ROAD, NEAR SREE CHARAN BANK, GUPTA LAYOUT, JAYANAGARA, BENGALURU – 560 070.

THE JOINT COMMISSIONER OF POLICE CENTRAL CRIME BRANCH, COTTONPETE MAIN ROAD, SULTANPETE, BAKSHI GARDEN, CHIKPET, BENGALURU – 560 053.

THE ASSISTANT COMMISSIONER OF POLICE, SOUTH END ROAD, NEAR SREE CHARAN BANK, GUPTA LAYOUT, JAYANAGARA, BENGALURU – 560 070.

THE POLICE INSPECTOR, PUTTENAHALLI POLICE STATION, NO. 126, K.R. LAYOUT, J.P. NAGAR, PHASE-6, J.P. NAGAR, BENGALURU – 560 078.

…RESPONDENTS

(BY SRI RAHUL CARIAPPA K.S., AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1. DECLARE THAT THE ACTION OF THE RESPONDENTS HEREIN IN INTERFERING IN THE BUSINESS ACTIVITIES OF THE PETITIONER HEREIN AS ILLEGAL, UNCONSTITUTIONAL AND ARBITRARY. 2. TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NOT TO INTERFERE WITH THE BUSINESS ACTIVITIES PETITIONER'S SHOP AT NO. 745/AB, 5^TH FLOOR, ABOVE MCDONALDS, PUTTENAHALLI, 6^TH PHASE, JP NAGARA, BENGALURU- 560 078 UNDER THE NAME AND STYLE AS “NIRA THAI SPA INTERNATIONAL GOLD CLASS”

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NC: 2025:KHC:16602 WP No. 11160 of 2025

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

ORAL ORDER

Petitioner is before this Court seeking the following

prayer:

i. “To, declare that the action of the Respondents herein in interfering in the business activities of the Petitioner herein as illegal, unconstitutional and arbitrary.

ii. To, issue a Writ in the nature of mandamus directing the Respondents not to interfere with the business activities Petitioner’s Shop at No.745/AB, 5^th Floor, above MCDonalds, Puttenahalli, 6^th Phase, JP Nagara, Bengaluru – 560 078 under the name and style as “Nira Thai Spa International Gold class.

iii. To, pass such other order/s or relief/s and issue such other Writ that this Hon’ble Court deems fit under the facts and circumstances of the present Writ Petition, in the interest of Justice and Equity.”

Heard Sri Ravindra Prasad B, learned counsel appearing for petitioner and Sri Rahul Cariappa, learned Additional Government Advocate appearing for respondents.

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NC: 2025:KHC:16602 WP No. 11160 of 2025

The learned counsel appearing for petitioner submits

that in identical circumstances, the coordinate bench of this

Court in W.P.No.20572 of 2022 disposed on 06-10-2023

has passed the following order:

“The petitioner who claims to be the Proprietor of “Neera Thai Spa”, running the business in J.P.Nagar, Bengaluru, is before this Court with a prayer to direct the respondent-police not to interfere in the business activities of the petitioner.

Learned Counsel for the petitioner submits that the petition is carrying on the business in terms of the Trade License issued by the competent authority and the respondent-police have been constantly harassing the petitioner in the guise of complaints being received by the neighbors. Learned Counsel submits that the petitioner has been carrying on the business in accordance with law and no illegal activity is carried on in the premises and in order to substantiate his contention, it is submitted that a CCTV camera has been installed in the premises and no such untoward incident has happened and no such complaint has been received from any neighbor.

In the considered opinion of this Court if the petitioner is carrying on the legitimate business in terms of the Trade License, there is no cause for the respondent-police to unnecessarily interfere in the business of the petitioner. If any credible information is received by the police that any unlawful activity is carried on in the premises, then with necessary proof the petitioner may be confronted. Action can also be taken by the respondent-police in accordance with law. However, in the guise of there being complaints received by the police, they cannot go on harassing the petitioner. If necessary, the respondent-police can also require the petitioner to give the footages of the CCTV camera to establish any unlawful or doubtful activity being carried on by the petitioner.

NC: 2025:KHC:16602 WP No. 11160 of 2025

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With these observations, the writ petition stands disposed of.

Pending I.As., if any, stand disposed of.”

The learned Additional Government Advocate would clarify that there is no surveillance on the petitioner Spa. The policemen are guarding the construction activity going on, on the road in which the Spa is situated.

The submission is placed on record.

The Writ Petition stands disposed, in terms of the afore-

quoted judgment of the coordinate bench of this Court.

Sd/(M.NAGAPRASANNA) JUDGE

BKP List No.: 1 Sl No.: 58