Karnataka High Court
Shri Rajesh Shinde S/O Shivaji Shinde vs The State Of Karnataka on 24 June, 2025
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2025:KHC-D:7976
WP No. 101851 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 24TH DAY OF JUNE 2025
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 101851 OF 2025 (GM-POLICE)
BETWEEN:
SRI. RAJESH SHINDE S/O. SHIVAJI SHINDE,
C/O. SHIVAJI SHINDE,
AVALAKI ONI, NEAR NO.3 GOVT. SCHOOL,
MADIHAL, DHARWAD-06,
AGE: 29 YEARS, OCC: BUSINESS,
(APSARA ICE CREAM PARLOUR)
FRANCHISE OWNER, APSARA ICE CREAMS,
GROUND FLOOR, KALBURGI ESSENCE,
OPP. FOCUS MART, SHIRUR PARK ROAD, HUBBALLI-21.
...PETITIONER
(BY SRI. B.D. NARASAGOND, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REP. BY ITS SECRETARY,
DEPARTMENT OF HOME,
VIDHAN SOUDHA, BANGALORE-01.
VIJAYALAKSHMI
M KANKUPPI
2. COMMISSIONER OF POLICE,
HUBBALLI-DHARWAD,
Location: HIGH
COURT OF DISTRICT: DHARWAD-20.
KARNATAKA
DHARWAD
BENCH
3. THE INSPECTOR OF POLICE (CPI),
GOKUL ROAD POLICE STATION,
HUBBALLI-21.
...RESPONDENTS
(BY SRI. S.V. MAGADUM, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO
1. ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY
OTHERS APPROPRIATE WRIT, ORDER OR DIRECTIONS
DECLARING THAT THE RESPONDENTS HAVE NO AUTHORITY
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NC: 2025:KHC-D:7976
WP No. 101851 of 2025
HC-KAR
TO RESTRICT THE BUSINESS HOURS OF THE PETITIONER VIZ
STYLE "APSARA ICE CREAMS", SITUATED AT FRANCHISE
OWNER, APSARA ICE CREAMS, GROUND FLOOR, KALBURGI
ESSENCE, OPP. FOCUS MART, SHIRUR PARK ROAD HUBBALLI-
21. TILL 10 PM ONLY IN THE INTEREST OF JUSTICE AND
EQUITY.
2. ISSUE A WRIT OR ANY OTHER APPROPRIATE ORDER OR
DIRECTIONS RESTRAINING THE RESPONDENTS FROM
INTERFERING WITH DAY TODAY BUSINESS OF THE
PETITIONER VIZ "APSARA ICE CREAMS", SITUATED AT
FRANCHISE OWNER, APSARA ICE CREAMS GROUND FLOOR,
KALBURGI ESSENCE, OPP. FOCUS MART, SHIRUR PARK ROAD,
HUBBALLI-21. ONLY IN THE INTEREST OF JUSTICE AND
EQUITY AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B'
GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)
1. Heard learned counsel Sri.B.D.Marasagond for
the petitioner and the learned AGA Sri.S.V.Magadum for
the respondents-State.
2. It is the case of the petitioner that the
petitioner is running a business under the name and style
of "Apsara Ice Creams" situated at Ground Floor, Kalburgi
Essence, Opp.Focus Mart, Shirur Park Road, Hubballi. It is
submitted by the petitioner that it is running an Ice Cream
shop, which is situated in the prime location and many
students, IT professionals visit the shop after their classes
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or late night and rely on such establishments for a break
for refreshment. Therefore submits that running of the
shop late night is very much necessary. It is further
submitted by the petitioner that the police officials are
insisting the petitioner to close down the business at 10.00
p.m. and are threatening and forcibly closing the shop
within 10.30 p.m. Aggrieved by the act of respondent
No.3, which is illegal and arbitrary, the petitioner has
approached this Court for a direction restraining the
respondents not interfere with the day-to-day business of
the petitioner.
3. Learned counsel for the petitioner submits that
the issue in the present case is squarely covered by the
judgment of the Coordinate Bench of this Court in
W.P.No.103753/2024, which reads as under:
"3. The petitioner is conducting business in the name and
style "Woop Natural" ice cream, juice and food items
since 2024. The petitioner has obtained a licencee from
Food Safety and Standards Authority of India. The
petitioner has knocked the doors of this Court as the
respondents are insisting the petitioner not to conduct
his business beyond 10.00 p.m. The petitioner being a
citizen having secured licence from the competent
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authority is entitled to carry out his business as
enshrined under Article 19(g) of the Constitution of
India.
4. The right to conduct business is a fundamental right
guaranteed under Article 19(1)(g) of the Constitution of
India, which states that all citizens shall have the right
to practice any profession, or to carry on any
occupation, trade, or business. This right, however, is
subject to reasonable restrictions that the state may
impose in the interest of the general public.
5. In the present case, the petitioner has been conducting
a legitimate business with all necessary licenses from
the competent authorities. The Constitution ensures that
a citizen cannot be arbitrarily deprived of their right to
carry on a business, provided it is lawful and does not
contravene public order, morality, or health.
6. The Court recognizes that while public safety is
paramount, it cannot be used as a pretext to impose
arbitrary restrictions on a business, especially when
there are no statutory provisions supporting such
restrictions. The state's responsibility to maintain law
and order must be balanced against the individual's right
to pursue a livelihood.
7. Thus, any restriction imposed must be reasonable,
justified, and within the framework of the law. In this
case, the respondents' insistence on early closure of the
business lacks legal backing and does not constitute a
reasonable restriction as envisaged under the
Constitution. This Court deems it fit to protect
petitioner's right to operate his business beyond the
imposed hours, reaffirming the protection of
fundamental rights against arbitrary administrative
actions.
8. The learned HCGP, on query as to whether there are any
restrictions in carrying the business more particularly
regarding time stipulation, he would fairly submit that
the law does not prohibit a businessman to carry his
business beyond 10.00 p.m. However, he would point
out that it is the centre place where the shop of the
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petition is located and it is a very sensitive place.
Therefore, to avoid any untoward incident, the
respondents are insisting the businessmen in
surrounding areas to close their shops before 11.30 p.m.
9. Having examined the records, this Court is not inclined
to accede to the arguments advanced by the learned
HCGP. There are no restrictions and embargo on a
businessman with regard to time of business hours
under any Act. The respondent officials under the garb
of public safety and law and order cannot deprive a
citizen from carrying out his business during late hours.
Admittedly, the petitioner is running ice cream parlor.
This Court is unable to understand as to how the running
of ice-cream parlor would cause any threat to public. For
the foregoing reasons, the court passes the following:
ORDER
i. The writ petition is allowed.
ii. The respondent-police officials are hereby directed
not to restrict the business hours of the petitioner
in respect of "Woop Natural" ice cream, juice and
food items Shop No.UG-9 Marvel Signet, Shirur
Park, Main Road, Vidya Nagar, Hubballi to carry
out business of ice cream, juice and food items
only till 10.00 p.m. everyday.
iii. In view of disposal of the petition, pending
interlocutory application, if any, do not survive for
consideration and are disposed of accordingly."
3. The only difference between the two is the
name of the Brand - Ice Cream, before the Coordinate
Bench it was "Woop Natural Ice Cream" and in subject
petition it is "Apsara Ice Creams". Accordingly, I pass the
following:
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ORDER
i. The writ petition is allowed.
ii. The respondents-Police Officials are hereby
directed not to restrict the business hours of the
petitioner in respect of "Apsara Ice Creams, Ground
Floor, Kalburgi Essence, Opp.Focus Mart, Shirur Park
Road, Hubballi", to carry out business of ice cream
parlour, juice and food items only till 10.30 p.m.
everyday.
iii. Respondents are at liberty to initiate action if
any illegal/unlawful activities are carried out by the
petitioner. Needless to mention, the same shall be in
accordance with law.
iv. Ordered accordingly.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
KGK /CT-MCK
