Smt. Charvi C. Reddy Vs Bruhat Bengaluru Mahanagara Palike

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTIION OF INDIA PRAYING TO QUASH THE FINAL NOTICE / ORDER BEARING NO.BBMP/MP/HO/PR/79/2024 DATED 01.08.2024 ISSUED BY RESPONDENT NO.3 (ANNEXURE-M) AS THE SAME IS ILLEGAL, ARBITRARY AND CONTRARY TO THE JUDGMENT OF THIS COURT IN W.P.NO.16721/2023 AS PER ANNEXURE-H AND NOTICE ISSUED BY RESPONDENT NO.2 ON 31.07.2024 AS PER ANNEXURE-L AND ALSO IN VIOLATION OF THE PRINCIPLES OF NATURAL JUSTICE AND ETC.

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

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CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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The petitioner is before this Court, seeking for the following reliefs:

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"a. Issue Writ of certiorari or any other appropriate writ, order quashing the Final Notice/order bearing No.BBMP/MP/HO/PR/79/2024 dated: 01.08.2024 issued by the 3^rd respondent (Annexure-M) as the same is illegal, arbitrary and contrary to the judgment of this Court in W.P.No.16721/2023 as per

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HC-KAR

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Annexure-H and Notice issued by the 2^nd respondent on 31.07.2024 as per Annexure-L and also in violation of the principles of natural justice.

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b. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 1 and 2 not to interfere with the Petitioner's Swapping Station in terms of the division bench orders of this Court in W.A.No.1609/2023 as per Annexure-N and the order passed in W.P.No.16721/2023d as per Annexure-H and grant all the consequential benefits consequent upon quashing the Final Notice/order dated: 01.08.2024 issued by the 3^rd respondent at Annexure-M.

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c. Direct the contesting respondents to pay the costs of these proceedings and grant such other relief or reliefs as this Hon'ble Tribunal deems fit to grant in the circumstances of the case, in the interest of justice."

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The grievance of the petitioner is that a notice, which is in fact an order dated 01.08.2024, has been issued by respondent No.3-Health Officer at Annexure-M, calling upon the petitioner to close down his battery swapping business on the ground that no trade license has been obtained by the petitioner.

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Respondent No.3-Health Officer having sought adjournments on several occasions. Today, a letter dated 18.02.2026 has been filed, which reads as under:

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HC-KAR

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"With respect of W.P.No.21463/2024, it is hereby submitted that a lithium battery charging warehouse does not fall under the licensing purview of the provisions of the Bruhat Bengaluru Mahanagara Palike Act, 2020, and therefore no trade licence is required from BBMP for such activity per se.

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Further, battery swapping stations and related electrical infrastructure are governed primarily by the regulations and approvals of Bangalore Electricity Supply Company Limited (BESCOM), Central Government guidelines, and applicable safety and electrical compliance norms.

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In the present case, since the activity is stated to be intended for residential use and does not qualify as a commercial trade activity requiring licensing under the BBMP Udyam Paramanike (Trade Licence) framework, no trade licence has been issued by BBMP.

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The submission is made for kind consideration and appropriate orders."

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In view of the said categorical submission that the business of the petitioner does not require a trade license, the question of respondent No.3-Health Officer having issued a notice/order dated 01.08.2024 is not sustainable.

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Apparently, these kind of notices are being issued not only in this matter but also in several matters wherever any business is being carried out by a citizen on the assumption that for any business a

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HC-KAR

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trade license is required from the BBMP. A trade license would only be required in terms of the items which have been scheduled under Schedules I and II of the Municipal Corporation Act, 1976 (for short, 'the Act'). In terms of Section 353 thereof, it is only the trades and businesses which are scheduled thereunder that would require a trade license and not those which are not so scheduled.

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If at all, there is a requirement for introducing any other businesses into the said schedules, necessary steps would have to be taken in that regard, which would provide jurisdiction to the Health Officer without a particular trade or business being included in Schedules I and II of the Act, no action can be taken by the Health Officer.

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