IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 7774 OF 2019 (GM-RES)

BETWEEN:

A. RAJKUMAR @ BABU S/O LATE ANNAIYAPPA, AGED ABOUT 37 YEARS, NO.09,OPP.FIRE STATION, KAINKONDRAHALLI, SARJAPUR ROAD, BANGALORE-560 035 …PETITIONER (BY SRI. S KALYAN BASAVARAJ., ADVOCATE)

AND:

1. STATE OF KARNATAKA DEPARTMENT OF HOME, VIDHANA SOUDHA, Digitally signed by BANGALORE-560 001, SHARADAVANI B BY ITS PRINCIPAL SECRETARY.

Location: High Court of Karnataka

2. THE DEPUTY DIRECTOR DEPARTMENT OF FIRE AND EMERGENCY SERVICES, GOVERNMENT OF KARNATAKA, BANGALORE-560 001.

…RESPONDENTS (BY SMT. B. SUKANYA BALIGA., AGA FOR R1 & R2)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO-QUASH THE NOTICE DTD. 18.12.2018 PASSED BY THE R-2, (PRODUCED AT ANNX-A) PURPORTEDLY EXERCISING THE POWER UNDER THE NOTIFICATION DTD. 07.07.2011.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

Short grievance of the petitioner is that Respondent No.2, by a notice dated 18.12.2018 issued in furtherance to a notification dated 07.07.2011, published by the Home Department Government of Karnataka, has alleged that the petitioner has not obtained 'No Objection Certificate' from his office and has thereby called upon and directed the petitioner to comply with the provisions of fire safety norms within 30 days.

2. Learned counsel for the petitioner referring to the permission letter produced at Annexure-C to the writ petition, submits that the permission was obtained from the Doddakannalli Panchaythi on 14.11.2006 valid upto 13.04.2007. The impugned notice has been issued pursuant to the notification purportedly issued by the Home Department on 07.07.2011. Therefore, he submits that the said notification is sought to be applied retrospectively, which is impermissible. He also relies upon the order of the Co- ordinate Bench of this Court dated 03.03.2023 passed in WP.No.40490/2018 and submits that under similar facts, this Court had quashed the impugned notice and had remitted the matter to the respondent No.2 for consideration of the reply of the petitioner. If similar order is passed the purpose of petition will be served.

3. Learned AGA on instruction submits that if petitioner submits a reply, the same will be considered in accordance with law.

4. Submission is placed on record. Petition is disposed of

5. Petitioner shall submit his reply along with necessary documents to the notice at Annexure-A, to respondent No.2 within 15 days from the date of receipt of copy of this order. The respondent No.2 shall pass appropriate order within 30 days thereafter after affording sufficient opportunity to the petitioner.

6. The Respondent Authority shall not precipitate the matter in any manner until consideration of the reply of the petitioner by the respondent No.2.

Sd/-

(M.G.S. KAMAL)

JUDGE LDC List No.: 1 Sl No.:14.2