HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 24061 OF 2025 (LB-RES)

C/W WRIT PETITION NO. 24173 OF 2025 (LB-RES)

IN WP No. 24061/2025:

BETWEEN:

A. VENKATARAYA NAYAK AGED 50 YEARS S/O KODANDARAMA NAYAK M/S A. KODANDARAMA NAYAK

10-1-235, RATHABEEDI, CARSTREET, UDUPI-576101 …PETITIONER (BY SRI. CHANDRASHEKAR S., ADVOCATE FOR SRI. VIVEK HOLLA, ADVOCATE)

Digitally AND:

signed by SUMA THE ENVIRONMENT ENGINEER Location:

HIGH CITY MUNICIPAL COUNCIL, COURT OF KAVI MUDDANNA ROAD, KARNATAKA UDUPI-576101. …RESPONDENT (BY SRI. PRASAD HEGDE, ADVOCATE)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT BEARING A11.CR.992/2024 - 25 DATED 15.01.2025 (ANNEXURE-T)

PASSED BY RESPONDENT AND ETC.

HC-KAR IN WP NO. 24173/2025 BETWEEN:

A. VENKATARAYA NAYAK AGED 50 YEARS S/O KODANDARAMA NAYAK

7-1-5b1, 78, BADAGUBETTU VILLAGE, UDUPI DISTRICT-576101 ...PETITIONER (BY SRI. CHANDRASHEKAR S., ADVOCATE FOR SRI. VIVEK HOLLA, ADVOCATE)

AND:

THE ENVIRONMENT ENGINEER CITY MUNICIPAL COUNCIL, KAVI MUDDANNA ROAD, UDUPI-576101. ...RESPONDENT (BY SRI. PRASAD HEGDE K.B., ADVOCATE)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT BEARING A11.CR.993/2024-25 DATED 15.01.2025 (ANNEXURE-M)

PASSED BY RESPONDENT.

THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R. NATARAJ HC-KAR

ORAL ORDER

The petitioner in WP No.24061/2025 has challenged an endorsement bearing No.A11.CR.992/2024-25 dated 15.01.2025 issued by the respondent. He has also sought for writ in the nature of mandamus to direct the renewal of the trade license of the petitioner as per the letter dated 22.10.2024.

2. The petitioner in WP No.24173/2025 has challenged an endorsement bearing No.A11.CR.993/2024-25 dated 15.01.2025 issued by the respondent. He has also sought for writ in the nature of mandamus to direct the renewal of the trade license No.E/SC/KA/24/117(E20877) of the petitioner as per the letter dated 15.05.2024.

Facts as pleaded in WP No.24061/2025

3. The petitioner is the owner of the shop bearing No.

10-1-235 in Carstreet, Udupi. His father had a fireworks licence from the department of explosives on 02.07.1979. He was authorized to possess and sell fireworks not exceeding 100 kgs of class - VII of Division - I and crackers upto 1000 kgs of Class - VII, Division - II. He has also obtained a no-objection certificate (henceforth referred to as 'NOC' for short) Assistant District Magistrate as per Explosives Rules, 1983. The licence so granted HC-KAR was renewed from time to time. Petitioner claims that he is carrying on business in metals and pooja items throughout the year and during festivals, he sells firecrackers exclusively for a week. He claims that a licence is issued by the respondent permitting the petitioner to carry on the trade of sale of fireworks. The trade licence issued previously was valid upto 31.03.2024. The petitioner paid the renewal fee on 15.05.2024 and got a computer generated renewed trade licence which is valid till 31.03.2028. He contends that the hard copy of the trade licence was not issued with a hologram and therefore, he met the Chief Officer and requested him to issue a hard copy of the trade licence. The Junior Health Inspector issued a reply dated 01.06.2024 directing the petitioner to submit an NOC from the Fire Department, failing which the trade licence would be cancelled. The petitioner then replied stating that there was no requirement in law to obtain a NOC and hence, requested him to renew the licence. The Chief Officer of the respondent then sent a letter dated 09.07.2024 to the Fire department and the Tahsildar, Udupi, seeking their opinion. The petitioner again escalated the issue before the Chief Officer on 22.10.2024 and stated that NOC was not required as per the order of this Court in W.P.No.25099/2023.