Sri.Shaik Roshan Suhail Vs the Commissioner — Writ and Judicial Review | Karnataka HC (2026)

Sri.Shaik Roshan Suhail Vs the Commissioner — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Petition dismissed; respondents directed to open the sealed shop so the petitioner may remove all articles within a week (no business to be carried on meanwhile); respondent no. 2 directed to inspect surrounding properties for unpermitted commercial establishments in the residential zone and take necessary action; matter re-listed on 23.02.2026 for filing of respondent No. 2's report.

Issue for consideration

Whether Respondent No. 2 ought to consider the petitioner's representation dated 25-11-2025 and grant the required trade licence for carrying on business at the petitioner's premises. +1 more

Court's answer

On perusal of the zonal map filed by the petitioner, the property is located in a residential area and, in terms of that zoning, the petitioner cannot carry out any commercial activity in that Zone; the trade licence was rightly rejected by Respondent No. 2 and the petitioner cannot have any grievance.

Ratio / Principle

The respondents are directed to open the sealed shop to enable the petitioner to remove all his articles; the petitioner is granted a week's time to do so, and shall not carry on any business during that time.

Key takeaways

Insofar as the petitioner alone was alleged to have been targeted, respondent no. 2 is directed to cause inspection of the properties in and around the petitioner's property to ascertain whether any shops or commercial establishments are established in the residential zoning area without permission and, if so, to take necessary action in relation thereto.ratio¶39

Detailed headnote1 paragraphs

Writ Petition No. 1826 of 2026 (LB-BMP) under Articles 226 and 227 of the Constitution of India, filed by the operator of a food vending shop at Shop No. 3 & 4, Sy. No. 198, HBR Layout, Bengaluru, whose shops were seized and sealed by the Greater Bengaluru Authority on the ground that they were set up in a residential area, and whose representation dated 25-11-2025 seeking a trade licence went unconsidered. On the zonal map filed by the petitioner, the Court found the property located in a residential zone wherein no commercial activity is permissible, and held that the trade licence had been rightly rejected by Respondent No. 2. The Court directed the respondents to open the shop to enable removal of the petitioner's articles within a week (with no business to be carried on meanwhile), and directed respondent no. 2 (Medical Officer of Health, Sarvagnanagar) to inspect properties in and around the petitioner's premises for shops or commercial establishments existing in the residential zone without permission and to take necessary action. Petition dismissed, but re-listed on 23.02.2026 for respondent No. 2's report. By Suraj Govindaraj, J. (oral order, single judge).

NC: 2026:KHC:5971 WP No. 1826 of 2026

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 1826 OF 2026 (LB-BMP)

BETWEEN:

SRI. SHAIK ROSHAN SUHAIL S/O. SHABEER AHMED, AGED ABOUT 33 YEARS, R/AT NO.69, 14TH CROSS, AL KAREEM MASJID, GOVINDAPURA MAIN ROAD, ARABIC COLLEGE, BENGALURU - 560 045.

…PETITIONER

(BY SRI. TEJAS N., ADVOCATE)

AND:

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

THE COMMISSIONER GREATER BENGALURU AUTHORITY (GBA), N.R. SQUARE, HUDSON CIRCLE, NEAR CORPORATION, B.B.M.P., BENGALURU - 560 002.

MEDICAL OFFICER OF HEALTH, GREATER BENGALURU AUTHORITY, SARVAGNANAGAR, COX TOWN, BENGALURU - 560 008.

…RESPONDENTS

(BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 AND R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO CONSIDER THE

2 - NC: 2026:KHC:5971 WP No. 1826 of 2026

HC-KAR

REPRESENTATION DATED 25-11-2025 AS PER THE ANNEXURE -B ETC.,

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

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

Petitioner is before this court seeking for the following

reliefs:

i) Issue an appropriate writ, order or directions, directing the respondent No.2 to consider the representation dated 25-11-2025 as per the ANNEXURE-'B' in the interest of justice and equity.

ii) Issue an appropriate writ, order or directions directing the Respondent No.2 to consider and grant the required Trade License in favor of the petitioner for carrying on the said business at the mentioned premises, in the interest of justice and equity.

iii) Issue direction to respondent No.1 to initiate appropriate action against the Respondent No.2, Medical Officer of Health, Greater Bengaluru Authority, Sarvagnanagar, Cox Town, Bengaluru - 560 008, for not following due procedure of law as contemplated under the Act.

iv) Grant such other relief or reliefs as this Hon'ble Court deems fit to grant to the

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NC: 2026:KHC:5971 WP No. 1826 of 2026

HC-KAR

Petitioner in the facts and circumstances of the Case, in the interest of justice and equity.

The petitioner, having entered into a rental agreement dated 04.10.2025, has set up a food vending shop in the premises bearing number Shop No. 3 & 4, situated at Site Nos. 2 & 4, Sy. No.198, 5th Block, 1st Stage, 1st Main, HBR Layout, Bangalore 560 043. The respondents having seized and sealed the said shops on the ground that it has been set up in a residential area, the petitioner is before this Court.

The submission of learned counsel for the petitioner is that though there are several similar shops located nearby, the petitioner has been targeted and only action has been taken against the petitioner. His submission is also that since the petitioner is making payment of the taxes on commercial basis, the petitioner ought to have been granted a trade license to run the shop. In that background, the petitioner was called upon to verify and make a submission as regards the zoning of the property in question and the road width in front of the property.

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Today, learned counsel for the petitioner has filed a memo enclosing the coloured photocopy of the relevant zonal map. A perusal of the said zonal map would indicate that the property of the petitioner is located in residential area and as such in terms of the said zoning, the petitioner cannot carry out any commercial activity in the said Zone. The trade license has been rightly rejected by Respondent No. 2 as regards which the petitioner cannot have any grievance.

The respondents are directed to open the shop to enable the petitioner to remove all their articles from the said shop. The petitioner is granted a week's time to do so. It is however made clear that the petitioner shall not carry on any business during that time.

Insofar as the petitioner alone has been targeted, respondent no. 2 is directed to cause the inspection of the properties in and around the property of the petitioner to ascertain if there are any shops or commercial establishments established in the said

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NC: 2026:KHC:5971 WP No. 1826 of 2026

HC-KAR

residential zoning area without permission and if so, to take necessary action in relation thereto.

Though the petition is dismissed, for filing of report of respondent No.2 in respect of the above directions, re-list

on 23.02.2026 .

SD/(SURAJ GOVINDARAJ) JUDGE

GSS List No.: 2 Sl No.: 11