IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6th DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.10410 OF 2019 (GM - CC) BETWEEN:
SMT. LATHA W/O SRI MAHESH AGED ABOUT 45 YEARS R/A KALALE GRAMA PRESIDENT KALALE GRAM PANCHAYAT NANJANAGUDU TALUK MYSURU DISTRICT-570 001 … PETITIONER (BY SRI PRAVEEN KUMAR RAIKOTE, ADVOCATE) AND:
1. THE DEPUTY COMMISSIONER MYSURU DISTRICT MYSURU- 570 001 2. THE TAHASILDAR NANJANAGUDU TALUK NANJANAGUDU-570 012 3. THE DEPUTY SUPERINTENDENT OF POLICE CIVIL RIGHTS AND ENFORCEMENT DIRECTORATE, MYSURU-570 001 ...RESPONDENTS (BY SRI C. JAGADISH, SPECIAL COUNSEL FOR R1-R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ORDERS AND ALLOW THIS WRIT PETITION, QUASH THE IMPUGNED PROCEEDINGS BEFORE R-1 VIDE ORDER SHEET DATED 27.08.2018 AT ANNEXURE-B.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Praveen Kumar Raikote, learned Counsel for the petitioner.
Sri C. Jagadish, learned Special Counsel for the respondent Nos.1 to 3.
2. The petition is admitted for hearing. With consent of the learned Counsel for the parties, the same is heard finally.
3. In this writ petition, petitioner, inter alia, seeks for the following reliefs:
(a) Issue a Writ of Certiorari or any other appropriate writ, order or direction and quash the impugned proceedings before the 1st respondent vide order sheet 27.8.2018 in Proceedings Ja Vi/SakaE/Sindutva-1/CR 32/2017-18 at Annexure-B.
(b) Issue any other appropriate writ, order or direction that this Hon’ble Court considers just in the circumstances of the case, in the interest of justice and equity.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the controversy involved in the present writ petition is squarely covered by an order passed by this Court on 23.01.2019 in W.P.No.13173/2008.
5. In view of the aforesaid submission and in the light of the order passed by this Court on 23.01.2019 in W.P.No.13173/2008, the impugned order dated 27.08.2018 is hereby quashed and set- aside.
6. It is made clear that this Court has not expressed any opinion on the merits of the case.
7. It is needless to state that the respondents shall be at liberty to take action against the petitioner, if so advised, in accordance with law.
Accordingly, the Petition is disposed of.
Sd/- JUDGE cp*