IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.21783 OF 2018(GM-POLICE) BETWEEN:
M/S HAZRATH AMMERUL MOMEENEEN EDUCATION AND EMPLOYMENT TRUST ® AND ALSO CALLED AS H.A.M.E.E.T SY NO.18, NAGARWARA VILALGE, KASABA HOBLI, BENGALURU NORTH TALUK, PRESENTLY UMAR NAGAR, NAGAWARA, ARABIC COLLEGE POST, BENGALURU-560045.
REPRESENTED BY ITS TRUSTEES 1. MRS NASREENA BEGUM DAUGHTER OF MOHAMMED ANWAR, AGED ABOUT 35 YEARS.
2. MRS. HUSNA BEGUM WIFE OF SUHAIL PASHA, AGED ABOUT 33 YEARS.
… PETITIONERS (BY MRS.B.SUDHA, ADV. AND MR.R.V.SRIRAMA REDDY, ADV.) AND:
1. THE DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, NRUPATUNGA ROAD, BANGALORE-560 001.
2. THE COMMISSIONER OF POLICE INFANTRY ROAD, BANGALORE CITY, BANGALORE-560 001.
3. THE STATION HOUSE OFFICER K.G.HALLI POLICE STATION, ARABIC COLELGE POST, NAGAWARA ROAD, BANGALORE 560 045.
(BY MR.VIJAYKUMAR.A.PATIL, AGA ) - - -
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-1 TO 3 TO GIVE PROTECTION TO THE PETITION AND ITS PROPERTY SITUATED AT SY. NO. 18 MEASURING 0-20 GUNTAS, SITUATED AT NAGAWARA VILLAGE, KASABA HOBLI, BENGALURU NORTH TALUK BY CONSIDERING THE COMPLAINT OF THE PETITIONER DATED 21.4.2018 VIDE ANEX-F AND ETC.
THIS WRIT PETITION COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt.B.Sudha and Mr.R.V.Sriramareddy, learned counsel for the petitioner.
Mr.Vijay Kumar A.Patil, learned Additional Government Advocate for respondents 1 to 3.
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 petitioners is seeking for a writ of mandamus directing respondent Nos.1 to 3 to give protection to the petitioner and its proprety situated at Survey No.18 measuring 0-20 guntas, situated at Nagawara Village, Kasaba Hobli, Bengaluru North Taluk by considering the complaint of the petitioner dated 21.04.2018 contained in Annexure-F.
4. When the matter was taken up today, learned counsel for the petitioners submitted that he be granted with a liberty to make a fresh representation before the competent authority. On the other hand, learned counsel for respondents submitted that if such a representation is made by the petitioners, the same shall be dealt with in accordance with law.
5. In view of the submissions made and in the facts of the case, the writ petition is disposed of with liberty to the petitioners that in case a representation is made with regard to his grievance raised in this petition to the competent authority, the same shall be decided by the competent authority within a period of six weeks from the date of receipt of such a representation. It is made clear that this court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS