KRISHNAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners have set up a welding shop and had applied for trade license which came to be issued at the first instance on 21.07.2005 permitting the petitioners to run the welding shop and a 'No-Objection Certificate' is also said to have been issued on the same day. It is stated that they had filed an application for renewal of the license on 10.07.2017 as the validity of the earlier trade license had expired. The petitioners had sought for a issuance of writ of certiorari to quash the order dated 09.07.2018 at Annexure-G wherein the license of the petitioners was cancelled in exercise of the powers under Section 70(2) of the Karnataka Grama Swaraj and Panchayat Act, 1993. During the pendency of these petitions, the petitioners had filed an application for amendment and had filed Annexure-F1 which is a notice dated 01.08.2018, Annxure-F2 which is a communication by the office of the Taluk Panchayath to the Panchayath Development Officer, Muthsandra Gram Panchayath, Hosakote Taluk and Annexure-F3 which is a resolution of the Gram Panchayath with a direction to take necessary steps to cancel the license.

(2.) are the neighbours and persons residing in their vicinity and they have objected to the inaction of the respondent-authorities in taking action to prohibit the petitioners from carrying on the trade/business as the same was causing nuisance. The counsel for the respondents states that the licence had long expired in the year 2005 and hence, question of considering any application for renewal in 2017 did not arise as they could be no renewal which had already expired.

(3.) Various other contentions have also been raised including that the land in which the welding shop had been constructed had not been converted from agricultural to non-agricultural purpose.