Disposed¶37

Shree Kanaka Enterprises v. the City Municipality Council

Karnataka HC26 Mar 2026WP/33156/2025

Case brief

AI extract

What is this about?

Karnataka HC (Bengaluru), WP No. 33156 of 2025 (LB-RES), decided 26.03.2026 by M.I. Arun, J. Trade licence of boarding/lodging with bar and restaurant cancelled by City Municipality Council Hebbagodi without hearing after nuisance complaints; natural justice/audi alteram partem violation conceded; certiorari under Articles 226 & 227 against endorsements in No.HeNaSa/Aa.Ni./CR/19/2025-26 (Annexures C and E); endorsements set aside, liberty to proceed after hearing; petition disposed of.

What did the court decide?

Impugned endorsements dated 26.09.2025 (Annexure-C) and 24.10.2025 (Annexure-E) set aside; liberty reserved to the respondent to proceed against the petitioner after affording an opportunity of hearing. ¶37

Shree Kanaka Enterprises Vs the City Municipality… — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:17207 WP No. 33156 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 33156 OF 2025 (LB-RES)

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BETWEEN:

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SHREE KANAKA ENTERPRISES BOARDING AND LODGING AND HOTEL AND FAMILY RESTAURANT NO.143/3, R.NARASIMHA REDDY BUILDING GOLLAHALLI ROAD, HEBBAGODI BENGALURU URBAN DISTRICT-560 099. REPRESENTED BY ITS PARTNER KEERTHI KUMAR S/O RAMACHANDRA B.S. AGED ABOUT 35 YEARS. REGISTERED UNDER PARTNERSHIP ACT, 1932.

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…PETITIONER

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Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA

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(BY SRI. MOHAN BHAT, ADVOCATE)

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AND:

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THE CITY MUNICIPALITY COUNCIL HEBBAGODI, AMBEDKAR ROAD AANEKAL TALUK BENGALURU URBAN DISTRICT-560 099. REP. BY ITS MUNICIPAL COMMISSIONER.

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…RESPONDENT

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(BY SRI. THIPPESWAMY T., ADVOCATE)

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NC: 2026:KHC:17207 WP No. 33156 of 2025

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HC-KAR

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THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION QUASHING THE IMPUGNED ENDORSEMENT DATED 26.09.2025 IN NO.HeNaSa/Aa.Ni./CR/19/2025-26 MARKED AT ANNEXURE-C AND ENDORSEMENT DATED 24.10.2025 IN NO.HeNaSa/Aa.Ni./CR/19/2025-26 MARKED AT ANNEXURE-E AND ETC.

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

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CORAM: HON'BLE MR. JUSTICE M.I.ARUN

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ORAL ORDER

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The petitioner was granted the trade license to run a hotel and restaurant. After obtaining the necessary excise license, petitioner has been running a business of boarding and lodging attached with bar and restaurant. However, on the ground that a nuisance is being caused by the petitioner by running the bar, certain persons from the public have complained against the petitioner to the respondent. The respondent without hearing the petitioner has unilaterally

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NC: 2026:KHC:17207 WP No. 33156 of 2025

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HC-KAR

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cancelled the trade license. Aggrieved by the same, the present writ petition is filed.

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The fact that trade license of the petitioner has been cancelled without affording an opportunity of hearing to the petitioner is not disputed by the respondent.

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It is essential on part of the respondent before canceling the trade license to give an opportunity of hearing to the petitioner.

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Hence, the following:

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ORDER

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(i) The impugned endorsement dated 26.09.2025 passed by the respondent vide Annexure-C to the writ petition and the impugned endorsement dated 24.10.2025 passed by the respondent vide Annexure-E to the writ petition are hereby set aside;

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