IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NOS.18803-18805 OF 2019 (GM-POLICE) BETWEEN:
1. KSRTC EMPLOYEES CO-OPERATIVE HOUSING SOCIETY LIMITED A SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT VIDE REGN.NO.1623/1956, HAVING ITS OFFICE AT KENGAL HANUMANTHAIAH ROAD SHANTHINAGAR BANGALORE-560 027.
REPRESENTED BY ITS PRESIDENT SRI VISWESWARAIAH S/O.D.SHIVAPPA AGED ABOUT 59 YEARS 2. SRI T. HANUMANTHAPPA S/O. LATE M.H. THIMMARAYAPPA AGED ABOUT 63 YEARS R/AT NO.15, 6TH CROSS 1ST MAIN ROAD GAYATHRI NAGAR BENGALURU-560 021.
3. SRI S.B. DODDAMANI S/O. BASAPPA AGED ABOUT 61 YEARS R/AT NO.47, 2ND CROSS SRIPADANAGARA DHARWAD-580 001. ... PETITIONERS (BY SRI VARAPRASAD K., ADV.) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA BENGALURU-560 001.
2. THE COMMISSIONER OF POLICE BENGALURU CITY INFANTRY ROAD BENGALURU-560 001.
3. THE STATION HOUSE OFFICER WILSON GARDEN POLICE STATION WILSON GARDEN BENGALURU-560 027. … RESPONDENTS (BY SRI V. SHIVAREDDY, H.C.G.P.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 26.02.2018 MADE BY THE P2 VIDE ANNEX-H AND TO TAKE SUITABLE ACTION THEREON FORTHWITH AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Varaprasad K., learned counsel for petitioners. Sri V. Shivareddy, learned High Court Government Pleader for respondent Nos.1 to 3.
The writ petitions are admitted for hearing. With the consent of learned counsel for the parties, the same are heard finally.
2. In these petitions under Articles 226 and 227 of the Constitution of India, the petitioners inter alia pray for a direction to the respondents to consider the representation dated 26.02.2018 submitted by petitioner No.2 and to pass an appropriate order in accordance with law.
3. When the matters were taken up for consideration today, learned counsel for the petitioners submitted that the petitioners have submitted a representation dated 26.02.2018 disclosing the commission of cognizable offence. However, the concerned Police Officer has failed to take action.
4. On the other hand, learned High Court Government Pleader for the respondents submits that suitable action in accordance with law shall be taken on the representation submitted by the petitioners.
5. In view of the submission made and in view of the law laid down by the Hon’ble Supreme Court in ‘LALITA KUMARI VS. GOVT. OF U.P.’, (2014) 2 SCC 1, the writ petitions are disposed of with a direction to the Competent Authority to take an appropriate action on the representation dated 26.02.2018 which has been submitted by the petitioners in accordance with law. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE ST