IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.52932-934 OF 2018 (GM-KSR) BETWEEN:
1. KUMBARARA SANGHA (R) NO.13, KALASIPALYAM NEW EXTENSION BENGALURU-560 002 REPRESENTED BY ITS PRESIDENT MUNISWAMY K S/O LATE KRISHNAPPA AGED ABOUT 50 YEARS R/O NO.2708, 7TH A MAIN ROAD RPC LAYOUT, VIJAYANAGARA 2ND STAGE BENGALURU-560040.
2. G RAMAPPA S/O GOVINDAPPA AGED ABOUT 55 YEARS SECRETARY KUMBARARA SANGHA (R) R/O NO.642, PUTTAPANAGUDI BEEDI CHANNARAYAPATNA ROAD DEVANAHALLI TOWN BENGALURU RURAL DISTRICT-562 110.
3. SMT NANDINI W/O SATISH AGED ABOUT 32 YEARS TREASURER KUMBARARA SANGHA (R) R/O NO.115/B, 2ND CROSS 2ND MAIN, BAPUJINAGARA BENAGALURU-560 026.
(BY MR. M. JAI PRAKASH REDDY, ADV.) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF HOME AFFAIRS … PETITIONERS REPRESENTED BY ITS SECRETARY M S BUILDING, BENGALURU-560 001.
2. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES 2ND CIRCLE, BENGALURU URBAN DISTRICT SAHAKARASOUDHA 2ND FLOOR & 8TH CROSS MARGOSA ROAD, MALLESHWARAM BENGALURU-560 003.
3. THE INSPECTOR OF POLICE KALASIPALYA POLICE STATION KALASIPALYA, BENGALURU-560 002.
… RESPONDENTS (BY MR. V. SHIVAREDDY, HCGP) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-3 TO PROVIDE PROTECTION TO THE PETITIONER SANGHA AS PER THE LETTER DTD:7.11.2018 VIDE ANNEXURE-F ISSUED BY THE R-2. GRANT AN INTERIM ORDER TO DIRECT THE R-3 TO PROVIDE PROTECTION TO THE PETITIONER SANGHA AS PER THE LETTER DTD:7.11.2018 VIDE ANNEXURE-F ISSUED BY THE R-2 & ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.M.Jai Prakash Reddy, learned counsel for the petitioners.
Mr.V.Shivareddy, learned High Court Government Pleader for respondents.
2. The writ petitions are admitted for hearing.
With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioners are seeking for a writ of mandamus directing the respondent No.3 to provide protection to the petitioners Sangha as per the letter dated 07.11.2018 in No.DRB-2/SOR 29/2018-19 vide Annexure F issued by the respondent No.2.
4. When the matters were taken up today, learned counsel for the petitioners submitted that they be granted with a liberty to make a fresh representation before the competent authority. On the other hand, learned counsel for respondent submitted that if such a representation is made by the petitioner the same shall be dealt with in accordance with law.
3. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a liberty to the petitioner that in case a representation is made with regard to the grievance raised in the petition to the competent authority, the same shall be decided by the competent authority by a speaking order within a period of four months 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 petitions are disposed of.
Sd/- JUDGE SS