IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.10357 OF 2019 (GM-POLICE) BETWEEN:
CITY INSTITUTE CHITRADURGA, {CHITRADURGA CLUB}, BY ITS SECRETARY, SRI VASUDEVA REDDY, S/O. THIPPE REDDY, AGED ABOUT 73 YEARS, BESIDES DISTRICT LIBRARY, CLUB ROAD, CHITRADURGA – 577501.
(BY SMT.SPOORTHY HEGDE NAGARAJA, ADV.) AND:
1. THE GOVERNMENT OF KARNATAKA, HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE – 56001.
2. THE SUPERINTENDENT OF POLICE, CHITRADURGA – 577501.
3. THE DEPUTY SUPERINTENDENT OF POLICE, CHITRADURGA – 577501.
4. THE CIRCLE INSPECTOR, CHITRADURGA TOWN, TOWN POLICE STATION, CHITRADURGA – 577501.
… PETITIONER (BY MR.VIJAY KUMAR A PATIL, AGA) - - -
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OF THE IMPUGNED NOTICE DTD.02.03.2019 AT ANNX-Q AS ARBITRARY, ILLEGAL AND ERRONEOUS, AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Spoorthy Hegde Nagaraja, learned counsel for the petitioner.
Mr.Vijaykumar A.Patil, learned Additional Government Advocate for the respondents.
2. The writ petition is admitted for hearing.
With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks a writ of certiorari for quashment of the impugned notice dated 02.03.2019 by which the petitioner is directed to close down the club immediately.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner is running a club in accordance with the terms and conditions of the licence issued to it. However, the police inspector Chitradurga Police Station by the impugned notice is without affording any opportunity of hearing to the petitioner has directed the petitioner to close down the club immediately. It is further submitted that the action taken has been in flagrant violation of principles of natural justice. On the other hand, learned Additional Government Advocate submitted that since the petitioner was carrying on illegal activity inside the club and in contravention of the terms and conditions mentioned by this Court in the order passed in the earlier writ petition. Therefore, the petitioner was directed to close down the club.
5. I have considered the submissions made by learned counsel for the parties. Admittedly, the impugned action has been taken against the petitioner in flagrant violation of principles of natural justice inasmuch as neither notice was issued nor any opportunity of hearing was afforded before passing the impugned order. It is accordingly quashed. However, the police Inspector, Chitradurga Town is directed to issue fresh notice to the petitioner to take action against the petitioner, if so advised after affording an opportunity of being heard.
With the aforesaid observation, the petition is disposed of.
Sd/- JUDGE SS