Facts
The petitioner, an educational trust holding a licence to display advertisements for its institutions, including its law institution, challenged a Panchayat Development Officer’s order dated 23 June 2026 requiring removal of all advertisements within 24 hours.
Source reference: pp. 5–6In an earlier writ petition, the Court had considered buntings depicting a person apparently dressed as an advocate and permitted the petitioner to replace them with buntings that did not offend the Bar Council’s Rules; it also directed the authority to defer action for eight weeks.
Source reference: pp. 3–4The petitioner stated that the buntings at issue had been removed and that it would not display advertisements contrary to the Bar Council’s Rules.
Source reference: pp. 7–8Issues
Whether the petitioner could put up buntings under its licence notwithstanding the impugned order.
Source reference: p. 4Whether the authority could direct removal of the advertisements without identifying the applicable Rule allegedly violated and giving the petitioner an opportunity to respond.
Source reference: p. 7Law Applied
The Court considered the petitioner’s licence, which permitted advertisements subject to its stated conditions, and the requirement that an alleged regulatory violation be identified before action is taken, with the affected party given notice and a reasonable opportunity to respond.
Source reference: pp. 5–8The Bar Council’s Rules were referred to in relation to advertisements by advocates, but the Court did not identify or interpret a specific Rule.
Source reference: pp. 3–4, 6–8No specific statutory provision or precedent was cited as the basis for the decision.
Source reference: no citationReasoning
The Court found that neither the earlier communication nor the impugned order specified the Rule allegedly breached or explained how the buntings violated it.
Source reference: p. 7It also noted that the petitioner had removed the buntings in question and had undertaken not to put up advertisements contrary to the Bar Council’s Rules.
Source reference: pp. 7–8In those circumstances, the authority’s direction to remove all advertisements could not stand; any future action would require notice identifying the Rule relied upon and a reasonable opportunity for the petitioner to respond.
Source reference: p. 8Holding
The Court answered the framed question in the petitioner’s favour and allowed the petition, quashing the Panchayat Development Officer’s order.
The petitioner may display buntings in accordance with its licence, without prejudice to the respondents’ ability to take action for a violation after identifying the applicable Rule and giving the petitioner a reasonable opportunity to be heard.
Source reference: p. 8Original Court PDF
M/S BHARATHI EDUCATION TRUST (R)vsSTATE OF KARNATAKA
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