SMT. JAYAMMA Vs. THE STATE OF KARNATAKA REP. BY SECRETARY, HOME DEPARTMENT, THE INSPECTOR OF POLICE AND THE ASST. EXECUTIVE ENGINEER LAGGERE SUB DIVISION

JUDGEMENT

(1.) THE petitioner is before this Court assailing the order dated 03.12.2013 impugned at Annexure -H to the petition. The petitioner is also seeking for issue of mandamus to respondents No. 2 and 3 not to interfere in the day -to -day business of the petitioner at Gajanana Bar and Restaurant, No. 151, 60 Feet Road, Near Police Chowki, 3rd Cross, Chowdeshwarinagar, Bangalore -560 058. The case of the petitioner is that her husband Sri H. Ramachandraiah is the absolute owner of the property bearing Khatha No. 53 -1, Present Khatha No. 147, Site No. 151, Yeshwanthpura Hobli, Bangalore North Taluk. The petitioner contends that in the said premises she has been running the Bar and Restaurant after obtaining the appropriate CL -9 license.

(2.) THE grievance of the petitioner is that without any opportunity either to the petitioner or to her husband, the order dated 03.12.2013 at Annexure -H has been issued from the office of the second/respondent. It is also the case of the petitioner that respondents No. 1 and 2 are not permitting the petitioner to run the Bar and Restaurant therein even though no illegality has been committed by the petitioner. It is contended that the respondents No. 1 and 2 without initiating any legal proceedings are forcing the petitioner not to carryon the business.

(3.) INSOFAR as the allegations made against the respondents No. 1 and 2, more particularly respondent No. 2, the learned Government Advocate on instructions would submit that the second respondent has no role to play and the petitioner has not been prevented by him from carrying on her business. It is the categorical statement that no closure order has been passed nor the petitioner is forced to do so.