Karnataka High Court
Sri Nilesh Shah vs Chief Commissioner on 29 April, 2026
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NC: 2026:KHC:23898
WP No. 14020 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.I.ARUN
WRIT PETITION NO. 14020 OF 2026 (LB-BMP)
BETWEEN:
1. SRI. NILESH SHAH
S/O LATE S.T.SHAH
AGED ABOUT 65 YEARS
MANAGING PARTNER
SHAH CYCLE TRADING COMPANY
NO.223, ABHAY TOWER
3RD MAIN ROAD, CHAMARAJPET
BENGALURU-560 018.
...PETITIONER
(BY SRI. JAGADEESH D.C., ADVOCATE)
AND:
1. THE CHIEF COMMISSIONER
Digitally GREATER BENGALURU AUTHORITY (GBA)
signed by
GEETHA P G HEAD OFFICES, N.R.SQUARE
Location: BENGALURU-560 002.
HIGH
COURT OF 2. THE COMMISSIONER
KARNATAKA
BENGALURU CENTRAL CITY
CORPORATION (BCCC)
CHAMARAJPET DIVISION
AZADNAGAR MATERNITY
HOSPITAL PREMISES
KASTURIBANAGAR
BENGALURU-560 026.
3. THE MEDICAL OFFICER OF HEALTH
CHAMARAJPET DIVISION
AZADNAGAR MATERNITY
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NC: 2026:KHC:23898
WP No. 14020 of 2026
HC-KAR
HOSPITAL PREMISES
KASTURIBANAGAR
BENGALURU-560 026.
...RESPONDENTS
(BY SRI. PAWAN KUMAR, ADVOCATE)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED
NOTICE BEARING NO.Aa Vy (Cha.Pe) P R/21/2025-2026,
DATED 21.04.2026, VIDE ANNEXURE-E, ISSUED BY THE 3RD
RESPONDENT AS THE SAME IS ILLEGAL AND WITHOUT THE
AUTHORITY OF LAW AND ETC.
THIS PETITION COMING ON FOR ORDERS, THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER
1. The petitioner is running a cycle trading shop in the premises which is the subject matter of the writ petition. Notice has been issued to him by respondent no.3 alleging that he is not permitted to run such a business in the said premises and he has been asked to close his shop and also give necessary explanation. Aggrieved by the same, the present petition is filed.
2. The case of the petitioner is that he is permitted to run such a shop in accordance with law in the said premises. -3-
NC: 2026:KHC:23898 WP No. 14020 of 2026 HC-KAR
3. On the contrary, learned counsel for respondents upon instructions submits that, the petitioner is not entitled to run such a shop. However, he submits, the authorities have no objection to hear the petitioner and thereafter initiate appropriate action in accordance with law.
4. Under the circumstances, interest of justice would be met if the impugned final notice vide Annexure-E to the writ petition is treated as the show cause notice, liberty is granted to the petitioner to submit a reply to the same and thereafter respondent no.3 is directed to pass appropriate orders in accordance with law.
5. Hence, the following:
ORDER
(i) The impugned notice dated 21.04.2026 vide Annexure-E to the writ petition issued by respondent no.3 shall be treated as a show cause notice to the petitioner;
(ii) The petitioner is granted 15 days time from today to submit his reply to the said show cause notice to respondent no.3; -4-
NC: 2026:KHC:23898 WP No. 14020 of 2026 HC-KAR
(iii) If such a reply is filed, the same shall be considered and appropriate orders will be passed by respondent no.3 thereafter;
(iv) The writ petition stands disposed of accordingly.
Sd/-
(M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 24