IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 262 OF 2025 (LB-RES)

BETWEEN:

THE COMMISSIONER SHIVAMOGGA CITY CORPORATION, OPPOSITE GANDHI PARK, SHIVAMOGGA - 577 201.

…APPELLANT (BY SRI. ASHOK HARANAHALLI, SENIOR ADVOCATE FOR SRI. BALAGANGADHAR G S, ADVOCATE)

AND:

Digitally 1. SRI ZABIUALLA signed by S/O RIYAZ AHMED, NIRMALA AGED ABOUT 39 YEARS, DEVI NO 52, 2ND CROSS LEFT SIDE Location:

MASJID TIPPU NAGAR, HIGH COURT OF SHIVAMOGGA 577202 KARNATAKA

2. SRI RAFIZ AHMED KHAN S/O LATE H A MOHAMMED KHAN, AGED ABOUT 74 YEARS, No. 481/ALEMAN STREET, LASHKARMOHALLA, SHIVAMOGGA 577201

3. SRI AHMMED SHARIFF S/O MOHAMMED AGED ABOUT 54 YEARS, R/AT 1ST CROSS, BYPASS ROAD, SVALPALYA, NEW MANDLI, SHIVAMOGGA 577202

4. SRI MOHAMMED ZABIULLA S/O LATE MOHAMMED, AGED ABOUT 36 YEARS, R/AT BYPASS ROAD, SVALPALYA, NEW MANDLI, SHIVAMOGGA 577202 5. SRI ABBAS KHAN S/O AHAMED KHAN, AGED ABOUT 78 YEARS, R/AT 2ND CROSS, LEFT SIDE TIPPUNAGAR, SHIVAMOGGA 577201

6. SRI SYED SALMAN S/O SYED GAFFAR, AGED ABOUT 36 YEARS, R/AT No. 2/45, TUNGA NAGAR, NORTH SIDE STREET, GOPALA EXTENSION, SHIVAMOGGA 577205

7. SRI USMAN ALI C/O ABDUL RAZAQSAHED, AGED ABOUT 50 YEARS, R/AT 1ST CROSS ,BYPASS ROAD, , NEW MANDLI SHIVAMOGGA 577202

8. THE STATE OF KARNATAKA REP BY ADDL CHIEF SECRETARY URBAN DEVELOPMENT DEPARTMENT R. No. 436, VIKASA SOUDHA DR B R AMBEDKAR VEEDHI, BENGALURU 560001

9. THE DIRECTOR DIRECTORATE OF MUNICIPAL ADMINISTRATOR, 9TH AND 10TH FLOOR, VISHVESHWARAIAH TOWER DR B R AMBEDKAR VEEDHI, BENGALURU 560001

10. THE DEPUTY COMMISSIONER SHIVAMOGGA CITY CORPORATION, OPPOSITE GANDHI PARK, SHIVAMOGGA 577201 …RESPONDENTS (BY PROFF. RAVI VERMA KUMAR, SENIOR ADVOCATE FOR SRI. BELLE R, ADVOCATE FOR R7 R1 -R2 SERVED R3-R4 DISPENSED WITH VIDE ORDER DATED 24.06.2025 R5-R6 SERVED SRI. K.S. HARISH, GA FOR R8 R9-R10 SERVED)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR RECORDS FROM THE FILE OF THIS HONBLE COURT PERTAINING TO WRIT PETITION NO.19824/2023 DATED 08/12/2023, SET ASIDE THE ORDERS PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT IN WP NO.19824/2023 DATED 08/12/2023, AS THE SAME IS IMPUGNED, PERVERSE, CAPRICIOUS AND LIABLE TO BE SET ASIDE AND ETC.

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

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

ORAL JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. For the reasons stated in the application ‒ I.A No.1/2025, the same is allowed and the delay in filing the appeal is condoned.

2. The present appeal is filed, inter alia, impugning an order dated 08.12.2023 passed by the learned Single Judge of this Court, whereby the writ petition filed by the respondents being Writ Petition No.19824/2023 (LB-RES), was allowed. By virtue of the said order, the court directed the appellant to consider the applications filed by the respondents and to grant trade licences by imposing such conditions as may be necessary to safeguard the interests of consumers and stakeholders within a period of 30 days. 3. Sri Haranahalli, learned Senior Counsel appearing for the appellant submits that insofar as the direction for considering the applications for trade licences is concerned, the appellant has no grievance. However, the directions to grant licences by imposing conditions cannot be sustained as the said direction assumes that the said licences are required to be granted. He submits that the applications filed by the respondents for trade licence have been rejected on, essentially, two grounds. First, that the area where the shops are proposed to be established to carry on the trade in buffalo meat, are in residential areas. Establishing such shops at the given address is contrary to the Zonal Plans. Second, he submits that the product [meat] is required to be procured from a licenced s