IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.28545 OF 2019 (GM-POLICE) BETWEEN:
B.S.TONDADARYA, S/O.SOMASEKARAYYA.B, AGED ABOUT 41 YEARS, R/O WARD NO.15, BASAVESHWAR BLOCK, K R NAGAR TOWN, KASABA HOBLI, MYSORE DISTRICT-570 011.
... PETITIONER (BY SRI.PRAVEEN KUMAR RAIKOTE, ADVOCATE) AND:
1. THE JOINT DIRECTOR, SOCIAL WELFARE DEPARTMENT, NEAR DC OFFICE, MYSURU-570 011.
2. THE SUPERINTENDENT OF POLCIE, CIVIL RIGHTS ENFORCEMENT CELL, VINAYAMARG, SIDDARTH NAGAR, MYSORE-570 011.
... RESPONDENTS (BY SRI.B.BALAKRISHNA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE AT ANNEXURE-B AND C PASSED BY THE R-2 AND R-1 BOTH DATED 24.6.19 AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Praveen Kumar Raikote, learned counsel for the petitioner.
Sri.B.Balakrishna, learned Additional Government Advocate for respondents.
2. The petition is admitted for hearing. With the consent of the learned counsel for the parties, the same is heard finally.
3. In this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner inter alia has assailed the validity of the impugned notices dated 24.06.2019 and 03.07.2019.
4. When the matter was taken up today learned counsel for the parties jointly submitted that the controversy involved in the instant petition is squarely covered by an order dated 23.01.2009 passed in W.P.No.13173/2008.
5. In view of the aforesaid submission and for the reasons assigned in the order dated 23.01.2009 passed in W.P. No.13173/2008, the impugned notices dated 24.06.2019 and 03.07.2019 are hereby quashed and set aside. Needless to state that the respondents shall be at liberty to take action against the petitioner, if so advised, in accordance with law.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE dn/-