IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE T.M.NADAF WRIT APPEAL NO.505 OF 2024 (LB-BMP)

BETWEEN:

1. M/S ANUGRAHA HOSPITALITY SERVICES OFFICE AT #228/A, 9^TH MAIN 10^TH CROSS, KSRTC LAYOUT, JP NAGAR 2^ND PHASE BENGALURU – 560 078 REPRESENTED BY ITS PARTNER SRI UDAY KUMAR M SHETTY, S/O SRI MARIYANNA SHETTY, AGED ABOUT 56 YEARS Digitally signed by MADHUSHREE 2. M/S SHRI HEGDEKERE ENTERPRISES H OFFICE AT 316/2(7), FIRST G CROSS, Location: High Court of SUBBANNA GARDEN, VIJAYANAGAR, Karnataka BENGALURU NORTH, BENGALURU – 560 040 REPRESENTED BY ITS PARTNER, SMT SUBEDA U SHETTY, D/O KORAGAYYA SHETTY, AGED ABOUT 47 YEARS …APPELLANTS (BY SRI. RAMESH CHANDRA, ADVOCATE)

AND:

1. THE COMMISSIONER BBMP N.R.ROAD, BENGALURU – 560 002

2. JOINT COMMISSIONER BBMP RAJARAJESHWARI NAGAR, SUB DIVISION, BENGALURU – 560 098

3. MEDICAL HEALTH OFFICER RAJARAJESHWARI NAGAR RANGE BBMP, BENGALURU – 560 098 …RESPONDENTS (BY SRI.B.S.SATYANAND, ADVOCATE FOR C/R1;

R2 & R3 SERVED AND REPRESENTED)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE IN WP NO.28108/2023 DATED 28/02/2023 AND ALLOW THE WRIT APPEAL IN THE INTEREST OF JUSTICE.

THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO and HON'BLE MR JUSTICE T.M.NADAF

ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE T.M.NADAF)

Assailing the order dated 28.02.2024, passed by the learned Single Judge in Writ Petition No.28108/2024, the petitioners / appellants are before this Court, seeking for the following reliefs:

“Wherefore, the appellant prays that this Hon’ble Court be pleased to allow the appeal and set-aside order of the Learned Single Judge in W.P. 28108 of 2023 dated 28.02.2024 (wrongly mentioned as ‘2023’) and allow the writ appeal in the interest of justice.”

2. The parties are referred to as per their rankings before the learned Single Judge for easy reference.

3. Succinctly, the facts leading to the present appeal are as follows:

The petitioners No.1 and 2 claim to be tenants of premises bearing No.1221, in Survey No.37/1, B-Block, Uttarahalli Hobli, Channasandra Village, Bangalore South Taluk. Petitioner No.1 claimed to be running a Restaurant in the ground floor of the said building and petitioner No.2 claimed to be running a Pub on the 1^st floor of the said building after having obtained trade licenses in respect of the aforesaid business.

4. The petitioners approached the learned Single Judge in writ petition seeking to quash Annexures-A, A1 and A2, dated 06.12.2023 and 22.11.2023 respectively, where under the petitioners were directed by the respondents to close down the restaurant and pub on the ground that the petitioners are using a residentially sanctioned building for commercial purpose.

5. The case of the petitioners before the learned Single Judge was that since the plan, which has been sanctioned by the respondents is for commercial purpose, in view of the same, there is no embargo to be imposed on the petitioners for using the property for commercial purpose. Further, the respondents having already issued a trade licenses to run a restaurant and pub, are now estopped from contending otherwise.

6. On the other hand, the case of the respondents put forth before the learned Single Judge was that the entire building was not sanctioned for commercial purpose. It is only to an extent of 46.96 sq.mtr., that usage for commercial purpose is allowed, leaving the remaining space of the building for usage for residential purpose i.e., hostel. Therefore, the petitioner no.1 is entitled to use only to an extent of 46.96 sq.mtr., i.e., a small portion on the ground floor for commercial purpose. On the contrary, petitioner no.1 used the entire ground floor for running a restaurant. Likewise, petitioner no.2 has used the entire first floor fo