SANJAY vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11304
WP No. 204298 of 2026
CNR: KAHC030113022026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 14 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO. 204298 OF 2026 (GM-POLICE)
BETWEEN:
SANJAY S/O RANJITBHAI
AGE: 25 YEARS, OCC: BUSINESS
R/O #324, DREAM CITY DADHAL
GUJARAT-393001.
NOW AT KALABURAGI
TALUK AND DIST: KALABURAGI-585103.
…PETITIONER
(BY SRI. MAHANTESH PATIL., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
HOME DEPARTMENT
VIDHANA SOUDHA
BENGALURU-560001
2. THE COMMISSIONER OF POLICE
OFFICE OF THE COMMISSIONER OF POLICE
KALABURAGI-585101
3. THE INSPECTOR GENERAL OF POLICE
NORTH EASTER RANGE
IGP OFFICE, POLICE BHAVAN
KALABURAGI-585101
4.
THE COMMISSIONER
KALABURAGI
MUNICIPAL CORPORATION
Digitally
signed by
SWETA
KULKARNI
Location:
HIGH COURT
OF
KARNATAKA
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KALABURAGI-585101
5.
THE POLICE INSPECTOR
ASHOK NAGAR POLICE STATION
GDA LAYOUT, CIB COLONY
KALABURAGI-585103
…RESPONDENTS
(BY SRI.VEERANAGOUDA BIRADAR, AGA FOR R1 TO R3
AND R5;
SRI.KRUPASAGAR PATIL ADV., FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE: A) ISSUE A WRIT OF MANDAMUS, OR ANY OTHER
APPROPRIATE WRIT, ORDER, OR DIRECTION, RESTRAINING
THE RESPONDENTS, THEIR AGENTS, SUBORDINATES, OR
ANYONE ACTING ON THEIR BEHALF, FROM TAKING ANY
COERCIVE ACTION AGAINST THE PETITIONER’S SPA BUSINESS
EXCEPT IN ACCORDANCE WITH THE DUE PROCESS OF LAW; B)
ISSUE A WRIT OF MANDAMUS, OR ANY OTHER APPROPRIATE
WRIT, ORDER, OR DIRECTION, DIRECTING THE
RESPONDENTS, TO PERMIT THE PETITIONER TO IMMEDIATELY
REOPEN AND RESUME THE PEACEFUL OPERATIONS OF THE
SPA BUSINESS CONDUCTED UNDER THE NAME AND STYLE OF
“AIRA FAMILY SPA” AT THE LEASED PREMISES IN
KALABURAGI, WITHOUT INSISTING TRADE LICENSE FROM THE
RESPONDENT NO.4 IN VIEW OF PROVISO SEC.353 OF
KARNATAKA MUNICIPAL CORPORATION ACT AS AMENDED
2015; C) PASS SUCH OTHER ORDERS AS MAY BE
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NC: 2026:KHC-K:11304
WP No. 204298 of 2026
CNR: KAHC030113022026
APPROPRIATE IN THE FACTS AND CIRCUMSTANCES OF THE
CASE.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL ORDER
This writ petition is filed seeking to issue writ in the
nature of mandamus to the officials claiming under the
respondents from taking any coercive action against the
petitioner’s Spa business, in accordance with law.
2. Learned counsel appearing for the petitioner
submits that the respondent Nos.2 and 3 have instructed
the jurisdictional police to close down the lawful activities
of the petitioners. Pursuant to the same, without issuing
any notice or order of closure, they forced the petitioner to
shut down their business, which compelled the petitioner
to file the present petition. It is submitted that the illegal
act of the respondents is in violation of right to carry
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WP No. 204298 of 2026
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business guaranteed under the Constitution of India.
Hence, he seeks to allow the writ petition.
Per contra
3. , Sri Veeranagouda Biradar, learned
Additional Government Advocate, upon instructions from
the respondent-police submits that none of the police
authorities have forcefully closed the premise of the
petitioner, as alleged in the writ petition. It is submitted
that respondent-police upon credible information reached
some of these Spa center and verified the correctness of
the information received by them and such activity cannot
be stopped. It is further submitted that whenever the
jurisdictional officer or any officer receives credible
information with regard to the illegal activity being carried
out in the Spa centers, the police have every right and
duty to inspect the same and take action in accordance
with law and to curb such activities, the petitioner has filed
this petitions. Hence, he seeks to dismiss the petition.
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4. Learned counsel Sri Krupa Sagar Patil, learned
counsel appearing for the corporation submits that the
corporation issued trade license to the petitioner to carry
on the business. However, the business should be lawful
and cannot be unlawful and it appears that the
respondents have visited some of the Spa centers to verify
their activities, which has resulted in filing of this petition.
5. I have heard learned counsel for the petitioner
and learned counsel for respondent No.4 and learned
Additional Government Advocate and meticulously perused
the material on record.
6. The grievance of the petitioner is that the
petitioner is the proprietor of Spa center in Kalaburagi city
and is running his business lawfully. The petitioner has
produced the lease agreements, trade licenses etc., issued
by the corporation and contended that the business
carried out by the petitioner is lawful and without authority
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of law the police are harassing the petitioner and forcefully
closing down his spa centre.
7. In my considered view, if the activities of the
petitioner are lawful, the respondent-police cannot
obstruct the business carried out by the petitioner, as it
would amount to violation of the fundamental right
guaranteed under Article 19(1)(g) of the Constitution of
India and would also affect the right to life and livelihood
of the proprietor of the Spa center as well as the
employees working therein. Hence, it would be appropriate
to dispose of these writ of petitions, by issuing the
following directions:
i) The petitioner shall carry out lawful activities
and if the respondent police receives credible
information about the illegal activities being
carried by the petitioner-spa center, it is open
for the respondent police to visit the petitioner-
spa center and take action in accordance with
law.
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ii) The jurisdictional police shall have liberty to
visit the premises of the petitioner periodically
as and when they receive credible information
about any unlawful activities being carried out
in the petitioner’s premises.
iii) The respondents are directed to not interfere
with the lawful activities carried out by the
petitioner in his spa centre.
iv) It is made clear that this order would not come
in the way of jurisdictional police taking action
against the petitioner-spa center, if they find
that the petitioner’s activities are unlawful and
contrary to the provisions of law.
No order as to costs.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
NJ
List No.: 1 Sl No.: 19