Karnataka High Court
M/S Control Engineers vs The Commissioner on 28 October, 2024
Author: B M Shyam Prasad
Bench: B M Shyam Prasad
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NC: 2024:KHC:43404
WP No. 13134 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 13134 OF 2024 (LB-BMP)
BETWEEN:
M/S CONTROL ENGINEERS
REPRESENTED BY ITS PROPRIETOR,
T S PAUSKAR,
S/O MR S V PAUSHKAR,
AGED ABOUT 57 YEARS,
NO. 7TH CROSS,
AGRAHARA DASARAHALLI,
BANGALORE-560079.
...PETITIONER
(BY SMT. SUMANGALA A SWAMY.,ADVOCATE)
AND:
1. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE,
Digitally
signed by HEAD OFFICE, N R SQUARE,
ANAND N
BANGALORE-560001.
Location:
HIGH
COURT OF 2. THE MEDICAL OFFICER (WEST)
KARNATAKA
GOVINDARAJNAGAR RANGE,
PALIKE SOUDHA, 14TH CROSS,
CHANDRA LAYOUT, BBMP,
BANGALORE-560040.
3. THE ASSISTANT EXECUTIVE ENGINEER
BESCOM N3 SUB DIVISION,
BASAVESHWARANAGAR,
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NC: 2024:KHC:43404
WP No. 13134 of 2024
BANGALORE-560079.
...RESPONDENTS
(BY SRI. KARTHIKEYAN B S., ADVOCATE FOR R1 AND
R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSITUTION OF INDIA PRAYING TO-
a) QUASHING THE ORDER DATED 06.02.2023 BERING
NO. A a (pa) pi R 624/2022-2023 PASSED BY THE 2ND
RESPONDENT CANCELLING THE TRADE LICENSE OF
THE PETITIONER PRODUCED AT ANNEXURE -G.
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner, who assertedly runs a Testing Unit in property No.10, 7th Cross, Agrahara, Dasarahalli, Bengaluru - 560 079, is issued with a Trade Licence on 31.03.2024 and the petitioner is aggrieved by the second respondent's Office Order dated 06.02.2023 [Annexure-G]. The second respondent by this order has cancelled the petitioner's trade licence after writing to the BESCOM -3- NC: 2024:KHC:43404 WP No. 13134 of 2024 for cancellation of the electricity essentially on the ground that he is not permitted to conduct his business in a property within the residential zone that abuts only 20 feet wide road. The second respondent has also referred to noise emissions.
The petitioner contends that he only attends to testing and repairing electrical gadgets and has availed one HP power supply and that this would be a permissible activity in a residential zone. The Impugned Order is issued without reference to the actual nature of the petitioner's business and without reference to the permitted use according to the RMP 2015 and the relevant Zonal Regulations. Therefore, this Court is of the considered view that the petition must succeed but with liberty to the respondents to take appropriate action after verifying the actual nature of the petitioner's business and due compliance thereof with the Zonal Regulations. Hence, the following:
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NC: 2024:KHC:43404 WP No. 13134 of 2024 ORDER The petition is allowed quashing the Office Order dated 06.02.2023 [Annexure-
G] issued by the second respondent but with liberty to take action after due verification. The petitioner consequentially shall be entitled for renewal of trade licence subject to further proceedings and orders.
Sd/-
(B M SHYAM PRASAD) JUDGE SA ct:sr