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THE HIGH COURT OF KARNATAKA
MR. SURAJ GOVINDARAJ, J
M/S. KESARI ENTERPRISES A PROPRIETORSHIP CONCERN, SMT. JYOTHI MOHAN HEBBAR – Appellant
Versus
CHIEF OFFICER CITY MUNICIPAL COUNCIL – Respondent
| Table of Content |
|---|
| 1. relief sought for quashing notice requiring trade license. (Para 1 , 2) |
| 2. contention regarding municipal regulation authority. (Para 3 , 4) |
| 3. discussion on compliance of municipal powers with business operations. (Para 5 , 6) |
| 4. analysis of legislation and scope of regulatory compliance. (Para 8 , 9 , 10) |
| 5. decision to quash the notice for lack of statutory foundation. (Para 21 , 30) |
ORAL ORDER
1. Petitioners are before this Court seeking for the following reliefs:
"Issue a writ of certiorari or any other writ, order or direction, quashing the impugned Notice issued by respondent No.1, bearing No.Na.Sa.Chi/Aa.Sa/ C.R/123/2023-24. dated 9.12.2024 (produced at Annexure 'D'), allow this writ petition with costs and grant such other reliefs as this Hon'ble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity."
2. The petitioners have called in question the legality and validity of the Notice dated 09.12.2024 issued by Respondent No.1, whereby they have been directed to obtain a trade licence under Section 256 of the Karnataka Municipalities Act, 1964 (hereinafter referred to as “the Act”). By way of the present writ petition, th
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