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2022 Supreme(Online)(Kar) 54962

MISS NAVYA P ACHARYA – Appellant
Versus
MUNICIPAL COMMISSIONER – Respondent


The petitioner submitted an application with Respondent

No.1 for grant of Trade License for the purpose of starting a

Dosa Canteen. Respondent No.1 after conducting spot

inspection rejected the application of the petitioner by issuing

the impugned endorsements, at Annexures-A, B and C for the

following reasons: (i) there is no provision for discharge of

sewage water; (ii) the premises in which the petitioner

intends to carry on Dosa Canteen measures 127 sq.ft. and the

same is insufficient to carry on the Dosa Canteen; (iii) there

are no proper facilities provided by the petitioner to run the

Dosa Canteen.

Learned counsel for the petitioner submits that the

petitioner has provided the facilities for discharge of sewage

3

water, which is evident from the representation submitted to

the first respondent at Annexure-L dated 11.11.2021. He

further submits that the reasons assigned for rejecting the

application submitted by the petitioner is contrary to the

provisions contained in the Karnataka Municipalities Act, 1964

(for short, KMA Act). He further submits that Respondent

No.1 has granted Trade Licenses in respect of the similarly

situated persons. Hence, the impugned endorsement

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