Karnataka High Court
V. Vijayakumar vs The Chief Executive Officer on 28 July, 2023
Author: R Devdas
Bench: R Devdas
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NC: 2023:KHC:26447
WP No. 15591 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 15591 OF 2023 (LB-RES)
BETWEEN:
V. VIJAYAKUMAR
AGED ABOUT 48 YEARS,
S/O VENKATAPPA,
PROPRIETOR,
CHAMUNDESHWARI BAR AND RESTAURANT,
HOMMARAGALLY VILLAGE,
HAMPAPAURA HOBLI,
H.D. KOTE TAULK-571114
MYSORE DISTRICT.
...PETITIONER
(BY SRI. VIVEKANANDA T P., ADVOCATE)
AND:
Digitally signed
by JUANITA
THEJESWINI 1. THE CHIEF EXECUTIVE OFFICER
Location: HIGH ZILLA PANCHAYATH,
COURT OF
KARNATAKA MYSORE DISTRICT,
MYSORE-570001.
2. THE EXECUTIVE OFFICER
TALUK PANCHAYATH,
H.D.KOTE-57114
MYSORE DISTRICT.
3. HOMMARAGALLI GRAM PANCHAYATH
HOMMARAGALLI VILLAGE,
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NC: 2023:KHC:26447
WP No. 15591 of 2023
H.D.KOTE TALUK-571114
MYSORE DISTRICT
REPRESENTED BY ITS SECRETARY/
PANCHAYATH DEVELOPMENT OFFICER.
...RESPONDENTS
(BY SRI. B.J. SOMAYAJI., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THAT
PORTION OF THE COMMUNICATION BEARING
NO.TP.HDK/2023/24/697 DATED 26/04/2023 ISSUED BY THE
R2 AT ANNEXURE-Y AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
The petitioner who had approached the third respondent-Gram Panchayat, seeking renewal of trade licence is faced with a problem, inasmuch as the petitioner has been given a written communication dated 01.07.2023 at Annexure 'AD' stating that the process of renewal of trade licence is online enabled and in terms of the said requirement of the online process, the petitioner is required to furnish certain information as stated in the communication. Learned Counsel for the petitioner submits that the property in question is situated on a well -3- NC: 2023:KHC:26447 WP No. 15591 of 2023 developed commercial road and there are various commercial establishments on the road. However, the petitioner has been told that unless any one of the five requirements as stated in the impugned communication is complied, the licence cannot be renewed. Learned Counsel submits that although the petitioner is insisting that the property in question is situated within the limits of the Gramatana, nevertheless the concerned official of the Gram Panchayat is not ready to accept the submission of the petitioner.
2. Per contra Sri B.J.Somayaji, appearing for the respondent-Gram Panchayat submits that the problem has arosen because of the compulsion now on the Gram Panchayats that the application for renewal of trade licence is to be considered online and the system has been put in place which has raised a challenge not only to persons like the petitioner but also to the officials of the Gram Panchayat.
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NC: 2023:KHC:26447 WP No. 15591 of 2023
3. Having regard to the predicament of the petitioner, this Court is of the considered opinion that the Panchayat Development Officer or the concerned official of the Gram Panchayat is required to accept the fact that the property in question is situated on a well developed commercial road. If the application of the petitioner seeking renewal of trade licence is rejected for any reason, the commercial establishments on the road in question may also face the same problem. Therefore, it would be advisable for the Panchayat Development Officer and the concerned officials of the Gram Panchayat to accept the statement made by the petitioner that the property is situated within the limits of the Gramatana and if that is ticked in the online portal, then there should not be any problem for acceptance of the application made by the petitioner. The concerned officials of the Gram Panchayat have to bear in mind that if the application of the petitioner is rejected for some technical reason, then the same problem will be faced by the other commercial establishments on the road in question. Therefore, the -5- NC: 2023:KHC:26447 WP No. 15591 of 2023 concerned officials are required to enable acceptance of the application filed by the petitioner.
4. Consequently, the writ petition stands disposed of with a specific direction to the Panchayat Development Officer-respondent No.3 and the concerned officials of the third respondent-Gram Panchayat to consider the application of the petitioner seeking renewal of the trade licence and process the same in the light of the observations made hereinabove. It need not be over-emphasized that the officials have to accept the application of the petitioner on the ground that the property falls within the limits of gramatana. The entire exercise shall be completed as expeditiously as possible and at any rate within a period of 15 days from the date of receipt of a copy of this order.
Ordered accordingly.
Sd/-
JUDGE JT/-