PRESENT THE HON'BLE MR N v. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE K. V. ARAVIND WRIT PETITIO
Case Details
- 1 - NC: 2025:KHC:13092-DB WP No. 8783 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE K. V. ARAVIND WRIT PETITION NO. 8783 OF 2025 (GM-RES-PIL) BETWEEN: 1. MR. SABEER S/O. AZEEZ ULLAH AGED ABOUT 45 YEARS, RESIDING AT NO.1, SULTANJI GUNTA ROAD SHIVAJINAGAR, HKP ROAD BANGALORE - 560 051.
Legal Reasoning
2. MR. SYED NASEER AHMED S/O. SYED NAZEER AHMED, No.37, 2ND MAIN, 1ST CROSS, DINNUR MAIN ROAD, R. T. NAGAR, BANGALORE - 560 032. 3. MRS. FAIZUNNISA W/O. M.S. FAROOQ RESIDING AT NO.21/2, LAL MASJID, UBU STREET, BROADWAY, H.K.P. ROAD, SHIVAJINAGAR, BANGALORE - 560 051. 4. MR. AYUB SHARIFF S/O. AHMED SHARIFF RESIDING AT NO.E499/3, GOVINDAPURA, YELAHANKA, BANGALORE - 560 045. Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - NC: 2025:KHC:13092-DB WP No. 8783 of 2025 5. MRS. SHAKHEELA KHANUM W/O. NAYAZ KHAN RESIDING AT NO.73, 5TH CROSS, ANJANADRI LAYOUT, THANISANDRA, DR. SHIVARAMA KARANATH NAGAR POST, BANGALORE - 560 077. 6. B.R. NOORUDDIN QURESHI S/O. B. A. ABDUL RAZZACK QURESHI, AGED ABOUT 35 YEARS, RESIDING AT NO.21M NO. 4TH STREET, SLAUGHTER HOUSE ROAD, SHIVAJINAGAR, BANGALORE - 560 051. 7. CHOWDHARY IMTIAZ AHMED S/O. ABDUL WAHAB, AGED ABOUT 50 YEARS, RESIDING AT NO.6, 3RD STREET. NEW MARKET ROAD, SHIVAJINAGAR BANGALORE - 560 051. 8. ELAHI BAKSH S/O. MOHAMMED ALI, AGED ABOUT 42 YEARS, RESIDING AT NO.15, 1ST CROSS, SHIVAJINAGAR, BANGALORE - 560 051. 9. ALI BABU S/O. ALI BASHA AGED ABOUT 45 YEARS RESIDING AT NO.14A, COOKS ROAD STREET, NEHRUPURAM, SHIVAJINAGAR BANGALORE - 560 001. 10. ABEDA BEGUM No.2, 1ST STREET, SHIVAJINAGAR BANGALORE NORTH, K.P. ROAD, BENGALURU - 560 051. (BY SRI ABDUL MAJID, ADVOCATE) …PETITIONERS - 3 - NC: 2025:KHC:13092-DB WP No. 8783 of 2025 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP), (BBMP ADDRESS), BENGALURU - 560 001. 3. THE POLICE COMMISSIONER, BENGALURU CITY POLICE, (POLICE COMMISSIONER ADDRESS), BENGALURU - 560 001. 4. PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT AROGYA SOUDHA, 6TH FLOOR MAGADI ROAD, BENGALURU - 560 023. 5. BBMP HEALTH DEPARTMENT NR SQUARE, BENGALURU, KARNATAKA - 560 002. 6. THE ASSISTANT EXECUTIVE ENGINEER OF BESCOM OFFICE, SAS ROAD, PEENYA, BENGALURU, KARNATAKA - 560 058. 7. BESCOM ASSISTANT ENGINEER NEAR DEVEGOWDA PETROL BUNK, 30TH MAIN ROAD, BANASHANKARI STAGE 2, BENGALURU, KARNATAKA - 560 070. 8. BHARTINAGAR POLICE STATION ST. JOHN'S CHURCH ROAD, NEAR MARK CIRCLE, THOMAS CAFE, OPPOSITE ST. XAVIER CHURCH, BHARATHI NAGAR, BANGALORE - 560 005. - 4 - NC: 2025:KHC:13092-DB WP No. 8783 of 2025 9. SHIVAJI NAGAR POLICE STATION XJQ3+4FJ, SULTHANGUNTA, SHIVAJI NAGAR, BENGALURU - 560 051. NO.1/A, INFANTRY ROAD, (NEAR LADIES CLUB), BANGALORE - 560 001. NO.1, CID ANNEXE BUILDING, CARLTON HOUSE, PALACE ROAD, BANGALORE - 560 001. 10. MEDICAL HEALTH OFFICER BBMP, OPP. SHIVAJI NAGAR POLICE STATION BANGALORE - 560 051, KARNATAKA. 11. COMMERCIAL STREET PS NO.67, COMMERCIAL STREET, TASKER TOWN, SHIVAJI NAGAR, BENGALURU, KARNATAKA - 560 001. 12. KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVAN, 49, CHURCH STREET, HARIDEVPUR, SHANTANA NAGAR, ASHOK NAGAR, BENGALURU, KARNATAKA - 560 001. 13. RAVI KUMAR TRAFFIC CIRCLE INSPECTOR LOCATED AT CUBBON PARK TRAFFIC POLICE STATION RUSSELL MARKET, 99, BROADWAY RD, BHARATI NAGAR, SHIVAJI NAGAR, BENGALURU, KARNATAKA 560 051. 14. SRI RIZWAN ARSHAD OFFICE OF MLA SHIVAJINAGAR ASSEMBLY CONSTITUENCY. (BY SMT. NILOUFER AKBAR, AGA) …RESPONDENTS - 5 - NC: 2025:KHC:13092-DB WP No. 8783 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION DIRECTING THE RESPONDENT No-2 TO 13 AND TO TAKE IMMEDIATE AND EFFECTIVE STEPS TO REMOVE ALL UNAUTHORIZED ROADSIDE VENDORS AND A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, RESTRAINING THE RESPONDENTS No-1 TO 13 AND ANY OTHER UNAUTHORIZED ROADSIDE VENDORS FROM CONDUCTING THEIR BUSINESS ON THE FOOTPATHS AND ROADSIDE OF BHARTINAGAR SHIVAJINAGAR COMMERCIAL STREET, BROADWAY AND ETC,. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The petitioners, in all ten in number, claiming to be public spirited citizens further claiming that they have established an unregistered association for the welfare of the people of the area called Shivajinagar, have filed this petition raising some grievance about encroachment in the public spaces in certain areas of the city of Bengaluru. - 6 - NC: 2025:KHC:13092-DB WP No. 8783 of 2025 2. It was submitted by learned advocate Mr. Abdul Majid for the petitioners that due to congestion, ambulances do not have the free movement and there is total lack of regulation on part of the authorities. It was submitted that the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 are also not complied with. 3. In course of the submissions, it was orally submitted by learned advocate for the petitioners that congestion on the footpaths and on road sides of the Bhartinagar, Shivajinagar, Commercial Street and other areas would become even more congested especially in the month of festival of Ramzan which is currently going on. 4. It was urged that the officials of the corporation and the police personnel should ensure enforcement of the provisions of the Karnataka Municipal Corporations Act, 1976 and the Karnataka Police Act, 1963. 5. The petition is too general in its details to be countenanced for any specific order. In addition thereto, the pleadings are less than sufficient, although the general allegations are made about - 7 - NC: 2025:KHC:13092-DB WP No. 8783 of 2025 encroachment and congestion in the public spaces. In respect of such a vague petition, the court is not inclined to invoke its public interest jurisdiction. 6. However, the oral submission about congestion in traffic movement during the ongoing festival is taken note of. In that context, it is observed that the authorities of the corporation, the municipal authorities, respondent No.3-the Police Commissioner and all other authorities concerned during the Ramzan festival and on all such festive occasions, shall ensure the smooth movement of traffic on the road and on the footpath so as not to adversely affect the vehicular, pedestrian and public movement.
Decision
7. With such limited observation, the writ petition is disposed of as not entertained. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 95