M/S Bella Ciao Partnershi Firm vs The Secretary
2023 Latest Caselaw 5139 Kant

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                                                     NC: 2023:KHC:26728
                                                      WP No. 16070 of 2023



                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 1ST DAY OF AUGUST, 2023

                                            BEFORE

                       THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                    WRIT PETITION NO. 16070 OF 2023 (GM-POLICE)

                   BETWEEN:

                   M/S BELLA CIAO PARTNERSHIP FIRM
                   REPTD BY ITS PARTNERS

                   1. SRI. SHANTHA KUMAR K S
                      S/O SIDDALINGAPPA K.K.
                      AGED ABOUT 42 YEARS,

                   2. SRI. VIMAL M
                      S/O MADAVAN
                      AGED ABOUT 38 YEARS,

                   OFFICE ADDRESS NO.19,
                   GUNI AGRAHARA VILLAGE,
                   SHIVAKOTE POST,
Digitally signed   BENGALURU - 560 089.
by SHARADA                                                   ...PETITIONERS
VANI B             (BY SRI. CHOKKAREDDY.,ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA          AND:

                   1. THE SECRETARY,
                      DEPARTMENT OF HOME AFFAIRS,
                      GOVERNMENT OF KARNATAKA,
                      VIDHANA SOUDHA,
                      BANGALORE - 560 001.

                   2. COMMISSIONER OF POLICE,
                      INFANTRY ROAD, BANGALORE - 560 001.
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                                     NC: 2023:KHC:26728
                                        WP No. 16070 of 2023



3. DEPUTY COMMISSIONER OF POLICE,
   BENGALURU NORTH DIVISION,
   YESHWANTHAPURA, BENGALURU - 560022.

4. ASSISTANT COMMISSIONER OF POLICE,
   BENGALURU NORTH DIVISION,
   YESHWANTHAPURA, BENGALURU - 560 022.

5. INSPECTOR OF POLICE,
   SOLADEVANAHALLI POLICE STATION,
   BENGALURU - 560 107.
                                              ...RESPONDENTS
(BY SRI.B V KRISHNA., AGA)

     THIS WRIT PETITION FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECTION TO THE RESPONDENTS NO 2 TO 4 TO NOT TO
INTERFERE IN DAY TO DAY LAWFUL BUSSINES CARRIED ON
THE PREMISES NO. 19, GUNI AGRAHARA VILLAGE, SHIVAKOTE
POST, BENGALURU- 560089, IN THE NAME AND STYLE BELLA
CIAO RESORTS, TIKI VILLAGE CAFE AND RESTAURANT BAR
AND FURTHER CONSIDER THE REQUEST AS ANNEXURE-A
DATED 07/07/2023 FILED BY THE PETITIONER BY ALLOWING
THE PETITION.

     THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:

                        ORDER

The subject matter of this Writ Petition is

substantially similar to the one in W.P.No.14226/2015

(GM-POLICE) between DIAMOND ENTERPRISES vs. STATE

OF KARNATAKA & OTHERS, disposed off by a Coordinate

Bench of this Court on 03.09.2015. Learned AGA does not

oppose the same.

NC: 2023:KHC:26728 WP No. 16070 of 2023

2. The Division Bench of this Court in

W.A.Nos.932-933/1974 between A.V.VINODA & ANOTHER

Vs. STATE OF KARNATAKA BY ITS COMMISSIONER &

SECRETARY, disposed off on 11.12.1974, has held that

the Court should treat the like-cases alike and if relief is

granted to a litigant, it has to be extended to similarly

circumstanced litigants as well, there being no derogatory

circumstances.

In view of the above, this Writ Petition is disposed off

granting relief to the Petitioner in terms of the cognate

judgment mentioned above; impugned notice is quashed

with liberty to the police to take action in the event any of

the conditions are violated.

All contentions are kept open.

No costs.

Sd/-

JUDGE Bsv