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.46152-153 OF 2018 (GM-POLICE) BETWEEN:
1. SMT MANJULA W/O D K ASHOK KUMAR AGED ABOUT 47 YEARS RESIDING AT HOUSE NO 22 6TH A CROSS, SUBEDAR PALYA BENGALURU – 560022.
ALSO AT: MELINA KURUVALLI KURUVALLI POST THIRTHAHALLI TALUK SHIVAMOGGA – 577432.
2. SRI D K ASHOK KUMAR S/O LATE DUGGAPPA GOWDA AGED ABOUT 55 YEARS RESIDING AT HOUSE NO 22 6TH A CROSS, SUBEDAR PALYA BENGALURU - 560022 ALSO AT: MELINA KURUVALLI KURUVALLI POST, THIRTHAHALLI TALUK SHIVAMOGGA – 577432.
… PETITIONERS (BY MR. MADHUKAR DESHPANDE, ADV.) AND:
1. STATE OF KARNATAKA DEPARTMENT OF HOME VIDHANA SOUDHA AMBEDKAR VEEDHI BANGALORE - 560001 REP. BY ITS PRINCIPAL SECRETARY.
2. THE POLICE SUB-INSPECTOR THIRTHAHALLI POLICE STATION THIRTHAHALLI TALUK SHIVAMOGGA – 577432.
3. SRI M L PUTTAPPA S/O LOKAYYA GOWDA AGED ABOUT 44 YEARS RESIDING AT MELINA KURUVALLI KURUVALLI POST, THIRTHAHALLI TALUK SHIVAMOGGA – 577432.
4. SRI M L CHANDRU S/O LOKAYYA GOWDA AGED ABOUT 58 YEARS RESIDING AT MELINA KURUVALLI KURUVALLI POST, THIRTHAHALLI TALUK SHIVAMOGGA – 577432.
… RESPONDENTS (BY MR. VIJAY KUMAR A. PATIL, AGA FOR R1 AND R2 MR. L.V. MAHENDRA, ADV., FOR R3 AND R4) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE DIRECTION TO R-1 AND 2 TO COMPLY WITH ORDER DATED 08.08.2018 PASSED BY THE I ADDITIONAL CIVIL JUDGE AND J.M.F.C., THIRTHAHALLI PASSED IN O.S.NO.122/2016 ON I.A.NO.X (ANNEXURE-A) & ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Madhukar Deshpande, learned counsel for the petitioners.
Mr.Vijay Kumar A.Patil, learned Additional Government Advocate for respondent Nos.1 and 2.
Mr.G.V.Mahendra, learned counsel for respondent Nos.3 and 4.
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 petition, the petitioners are seeking for a writ of mandamus directing respondent Nos.1 and 2 to comply with order dated 08.08.2018 passed by the I Additional Civil Judge and JMFC. Thirthahalli passed in O.S.No.122/2016 on I.A.No.X (Annexure-A).
4. When the matters were taken up today, learned counsel for the petitioners submitted that they be granted with 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 petitions are disposed of with a liberty to the petitioners that in case a representation is made with regard to their 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 petition is disposed of.
Sd/- JUDGE SS