IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.11708 OF 2019 (GM-RES) BETWEEN:
GIRIJASHANKAR K S/O LATE K.PURANDHARA BHAT, AGED ABOUT 50 YEARS, BADEKAIKOMBU HOUSE, MOODAPADUKODI VILLAGE AND POST, BANTWAL TALUK-574265 DAKSHINA KANNADA.
... PETITIONER (BY SRI. K. SHRIHARI, ADVOCATE) AND 1. STATE OF KARNATAKA BY ITS SECRETARY TO HOME DEPARTMENT VIDHANA SOUDHA, DR. B.R.AMBEDKAR VEEDHI, BENGALURU-560001.
2. DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE OFFICE OF THE DEPUTY COMMISSIONER, MANGALORE-575001 3. THE TASHILDAR, BANTWAL TALUK, BANTWAL, D.K.DISTRICT-574265.
4. INSPECTOR OF POLICE, BELTHANGADY POLICE STATION, BELTHANGADY-574214.
5. STATION HOUSE OFFICER / SUB-INSPECTOR, PUNJAL KATTE POLICE STATION, PUNJAL KATTE, DAKSHINA KANNADA DISTRICT-574214 6. SCREENING COMMITTEE FOR SURRENDER OF ARMS; HEADED BY DEPUTY COMMISSIONER, D.K.MANGALURU-575001.
... RESPONDENTS (BY SRI. Y.D.HARSHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE R-2 DATED 11.3.2019 FILED AS ANNEXURE-A AND PROCEEDINGS DATED 11.3.2019 FILED AS ANNEXURE-B ISSUED BY R-6 ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. K. Shrihari, learned counsel for the petitioner.
Sri. Y.D. Harsha, learned Additional Government Advocate for the respondents.
Petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, petitioner inter alia has prayed for a writ of certiorari for quashment of the impugned order dated 11.03.2019.
3. When the matter was taken up today, learned counsel for the petitioner submitted that he be granted liberty to submit a representation before Superintendent of Police, Dakshina Kannada District and the aforesaid authority be directed to decide the representation in a time bound manner.
4. Learned Additional Government Advocate submits that in case petitioner submits a representation, Superintendent of Police, Dakshina Kannada District shall take action in accordance with law.
5. In view of the submissions made and in the facts of the case, petition is disposed of with a direction that in case petitioner submits a representation on or before 18.03.2019 before the Superintendent of Police, Dakshina Kannada District, the aforesaid authority shall pass an order within a period of three days from the date of receipt of such representation.
6. Till the Superintendent of Police, Dakshina Kannada District passes an order on the representation submitted by the petitioner, it is directed that the respondents shall not insist for surrender of the Fire Arms belonging to the petitioner.
7. It is made clear that this Court has not expressed any opinion on the merits and claim of the petitioner.
Sd/- JUDGE Mds/-
CT-HR