Karnataka High Court
Smt. Swetha M vs The State Of Karnataka on 10 November, 2023
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
NC: 2023:KHC:40440
WP No. 23874 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.23874 OF 2023 (GM-POLICE)
BETWEEN:
1. SMT. SWETHA .M
W/O K. MANJUNATH
AGED ABOUT 37 YEARS
K.R. ENTERPRISES
GUNJUR ROAD, BALAGERE
BANGALORE-560087.
2. SRI. AYAPPA REDDY G
Digitally signed by S/O GOPALA REDDY
NARAYANAPPA
LAKSHMAMMA AGED ABOUT 46 YEARS
Location: HIGH COURT NO.312/1, LAKSHMI VENKATESHWARA NILAYA
OF KARNATAKA
KIRTI LAYOUT, CHANDAPURA
BANGALORE.
...PETITIONERS
(BY SRI. SATISH M. DODDAMANI, SR. COUNSEL A/W
SRI. SAGAR B.B. ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY
HOME DEPARTMENT
M.S.BUILDING, BENGALURU-560001.
2. THE DEPUTY COMMISSIONER
BANGALORE URBAN DISTRICT
OFFICE OF THE DEPUTY COMMISSIONER
K.G.ROAD
BANGALORE-560009.
3. THE INSPECTOR OF POLICE
VARTUR POLICE STATION
-2-
NC: 2023:KHC:40440
WP No. 23874 of 2023
VARTUR, WHITEFIELD DIVISION
BANGALORE-560066.
4. THE SUB INSPECTOR
VARTUR POLICE STATION
VARTUR, WHITEFIELD DIVISION
BANGALORE-560066.
5. THE TAHASILDAR
VARTHUR, BANGALORE-560087.
6. THE DEPUTY THASILDAR
VARTHUR, BANGALORE-560087.
...RESPONDENTS
(BY SRI. K.S. HARISH, GOVT. ADVOCATE FOR R1 TO R6
SRI. SHANTHI BHUSHAN H, DSGI FOR R7)
THIS W.P. IS FILED UNDER ARTICLE 226 & 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R3-6 NOT TO
INTERFERE WITH THE SALE OF FIRE CRACKERS BY THE
PETITIONERS AND PERMIT THEM TO CARRY ON THEIR TRADE AS
PER THE TERMS AND CONDITIONS MENTIONED IN THE LICENSE
ISSUED BY R2 VIDE ANNEXURE-A AND A1 RESPECTIVELY. DIRECT
THE R3-5 TO OPEN THE LOCK AND PERMIT THE PETITIONERS TO
CARRY ON SALE OF FIRE CRACKERS. GRANT AN INTERIM ORDER TO
ISSUE DIRECTIONS TO R3-6 TO UNLOCK OF THE PETITIONERS
PREMISES AND PERMIT THE PETITIONER TO CARRY ON THE SALE OF
FIRE CRACKERS AS PER THE TERMS AND CONDITIONS MENTIONED
IN LICENSE ISSUED BY R2 VIDE ANNEXURE-A AND A1
RESPECTIVELY.
THIS PETITION, COMING ON FOR FRESH MATTERS
LIST, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioners are before this Court seeking for the following reliefs:
i. Issue writ of Mandamus or any other appropriate writ or direction directing the respondents 3-6 not to interfere with the -3- NC: 2023:KHC:40440 WP No. 23874 of 2023 sale of fire crackers by the petitioners and permit them to carry on their trade as per the terms and conditions mentioned in the license issued by respondent No.2 vide Annexure A and A-1 respectively in the interest of justice and equity.
ii. Issue a appropriate direction directing the Respondent 3-5 to open the lock and permit the petitioners to carry on sale of fire crackers in the interest of justice and equity.
iii. Pass any other appropriate order or direction as this Honorable Court deems fit under the facts and circumstances of the case including the awarding of costs in the interest of justice and equity.
2. The grievance of the petitioners is though the petitioners have a valid Firecracker licence issued by the Deputy Commissioner, Bangalore District, Bangalore and that the petitioners have been carrying on business in terms of the said licence, the premises of the petitioners have been seized, locked, denying the petitioners an opportunity to conduct their lawful business. It is in that background that the petitioners are before this Court seeking for the aforesaid reliefs.
-4-
NC: 2023:KHC:40440 WP No. 23874 of 2023
3. Learned counsel for the petitioners submits that if there is any other obligation required to be fulfilled by the petitioners, the petitioners will so fulfill such obligations.
4. Sri.Shanthi Bhushan, learned Deputy Solicitor General of India has filed a memo dated 10.11.2023 enclosing an inspection report of the premises of the petitioners dated 8.11.2023 indicating certain non-compliances. He submits that if those compliances are made and if the petitioners were to restrict the sale to vend 600 kgs of firecrackers, then respondent No.7 will have no objections for the said business to be carried on, it is for the Deputy Commissioner to take a decision.
5. Learned AGA submits that insofar as the licence is concerned, the validity or otherwise has not been examined as such, it would also be examined. If the petitioners were to comply with the inspection report, he would be so permitted to carry on the business in terms of the order passed by Co-ordinate Bench of this Court in -5- NC: 2023:KHC:40440 WP No. 23874 of 2023 the case of M/s Cracker Bazaar -vs- Commissioner of Police and others1.
6. In that view of the matter, I pass the following:
ORDER i. The petitioners in this petition shall conduct their respective businesses strictly in consonance with the observations made in the inspection report dated 8.11.2023. ii. Only after such corrective measures are implemented as is indicated in the inspection report, the same shall be informed to the jurisdictional Deputy Commissioner of Police by the petitioners.
iii. Any deviation from the observations made or if necessary corrective measures are not undertaken by the petitioners, they would become open for suspension of the business, in accordance with the law.
iv. In the light of the aforesaid directions, the premises that are locked shall be unlocked forthwith and the petitioners be directed to implement those precautionary measures, as observed in the inspection report.
1 NC:2023:KHC:38666 WP. No.23397/2023 and connected matters -6- NC: 2023:KHC:40440 WP No. 23874 of 2023 v. Learned counsel for the petitioners submits that the compliance will be made by the end of day tomorrow i.e. 10.11.2023.
vi. Sri.Shanthi Bhushan, learned DSCI submits that since the quantity of firecrackers is less than 600 kgs, there will be no requirement for respondent No.7 to verify the compliance of the Explosive Rules and it will be left for the Deputy Commissioner. Hence, the Deputy Commissioner is directed to inspect and take necessary action if compliances are made by the end of the day tomorrow, i.e. 11.11.2023.
vii. To enable compliance, the respondents are directed to unlock the premises of the petitioners. It is however made clear that the petitioners shall not carry on its business until so permitted by the Deputy Commissioner.
7. In view of there being an issue raised as regards the validity of the licence, in future the Deputy Commissioner is directed to sign each and every page of the licence if it is physically signed or e-sign the said licence.
8. In the event of respondent No.2 disputing the issuance of licence, the original of the licence along with admitted signature of Sri.K.Srinivas, Deputy Commissioner and District Magistrate, Bangalore District, Bangalore, would -7- NC: 2023:KHC:40440 WP No. 23874 of 2023 be sent to the Forensic Science Laboratory for verification as to whether the said signature is that of the Deputy Commissioner or not and if the signature is found to be as that of the Deputy Commissioner after denial, then the Chief Secretary to take necessary disciplinary action.
9. With the above observations, the writ petition stands disposed.
Sd/-
JUDGE LN List No.: 2 Sl No.: 23