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2025 Supreme(Online)(Kar) 441057

THE HIGH COURT OF KARNATAKA
M.NAGAPRASANNA
MOHMMED MD ABDUL LATEEF – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 109338/2025



IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

DATED THIS THE 8TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

WRIT PETITION NO. 109338 OF 2025 (GM-POLICE)

BETWEEN:

MOHMMED MD. ABDUL LATEEF

AGE: 34 YEARS, OCC: BUSINESS,

OWNER OF EMPERORZ CHICK N MART LOCATED AT 14TH CROSS NAVANAGAR

HUBLI 580031

AND ONE MORE BRANCH AT OPP. BHARAT PETROL BUNK

SHIRUR PARK VIDYA NAGAR,

HUBBALLI 5800001

R/O 13TH WARD ISLAMPURA GANGAWATI,

KOPPAL (RURAL), KOPPAL 583 227.

…PETITIONER

(BY SRI. SANTOSH BIRANAGI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA

REP BY ITS SECRETARY, DEPARTMENT OF HOME,

RAKESH

VIDHANA SOUDHA

S

BENGALURU 560 001.

HARIHAR

Digitally signed

by RAKESH S 2. THE COMMISSIONER OF POLICE,

HARIHAR

HUBLI- DHARWAD, DHARWAD DISTRICT

Date: 2025.12.11

16:39:23 +0530 DHARWAD 580 001.

3. POLICE SUB INSPECTOR,

GOKUL ROAD POLICE STATION,

GOKUL ROAD, HUBBALLI 580 023. 4. THE POLICE SUB INSPECTOR,

APMC NAVANAGAR, POLICE STATION,

NAVANAGAR, HUBBALLI 580025.

…RESPONDENTS

(BY SRI.T. HANUMAREDDY, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO 4 NOT TO INTERFERE WITH DAY TODAY BUSINESS OF THE PETITIONER AND PERMIT THE PETITIONER TO RUN THE BUSINESS TILL 1.00 AM AS PER THE NOTIFICATION/OFFICIAL MEMORANDUM DATED 19.09.2024 PRODUCED AT ANNEXURE-A AND ALSO AS PER THE DIRECTIONS ISSUED BY THIS HONBLE COURT IN SIMILAR W.P.NO.101889/2025 DATED 22.04.2025 VIDE ANNEXURE-D IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1. The petitioner is before this Court seeking for the following prayer:

A. Issue a Writ of Mandamus directing the respondent No.2 to 4 not to interfere with day today business of the petitioner and permit the petitioner to run the business till 1.00 am as per the Notification/official Memorandum dated 19.09.2024 produced at Annexure-A and also as per the directions issued by this Hon’ble Court in similar W.P.No.101889/2025 dated 22.04.2025 vide Annexure-D in the interest of justice and equity.

B. Issue any other orders/directions as deemed fit by this Hon’ble Court.

2. Heard the learned counsel Sri.Santosh Biranagi appearing for the petitioner and the learned AGA Sri.T.Hanumareddy for the respondents.

3. The learned counsel appearing for the petitioner would submit that, the issue in the lis stands covered by the judgment rendered by the Co-ordinate Bench of this Court in Writ Petition No.101889/2025, disposed off on 22nd April 2025, wherein it is held as follows:

“Sri.Rohit L.Sheelvant., counsel for the petitioner and Sri.Praveen K.Uppar., AGA for the respondents have appeared in person.

2. The captioned Writ Petition is filed seeking a Writ of Mandamus directing the respondents not to interfere with day today business of the petitioner i.e., Janata Fruits Juice Centre, at Akshay Colony, 2nd Phase, Near Nalanda College, Tolanakere Main Road, Hubballi and permit the petitioner to run the business till 1:00 a.m., as per the Notification/ Official Memorandum dated:19.09.2024 vide Annexure-E and also as per the directions issued by this Hon'ble Court in W.P.No.106364/2024 (GM-Police), vide Annexure-D.

3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care.

4. The short controversy is about the interference by the Police Authorities in day today business of the petitioner. Suffice it to note that a Notification was issued on 19.09.2024 by extending the time limit for business hours till 1:00 a.m. Because of the extension of the business hours, the Police Authorities shall not interfere with the day today business of the petitioner. Needless to say, the petitioner and the Police Authorities must adhere to the time limit as prescribed under the Notification. Resultantly, the Writ Petition is disposed of.”

4. In the light of the issue standing covered by the

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