IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.69 OF 2019 (GM-POLICE) BETWEEN:
Muniswamy.K, S/o. Late Krishnappa, Aged about 50 years, President-Kumbarara Sangha (R) R/o.2708, 7th Main Road, R.P.C.Layout, Vijayanagar, II Stage, Bengaluru-560 040. No.13, Kalasipalyam New Extension, Bengaluru-560 002.
(By Sri.Amruthesh.N.P, Advocate) AND:
1. The State of Karnataka, Department of Co-Operation, M.S.Building, Bengaluru-560 001. By Principal Secretary.
2. The Dy.Registrar of Co-Op. Societies, Zone-II, No.146, 8th Cross Road, Sahakara Soudha, Margosa Road, Malleswaram, Bengaluru-560 003.
… Petitioner 3. Commissioner of Police, Bengaluru City, Infantry Road, Bengaluru-560 001.
4. The Inspector of Police, Kalasipalya Police Station, Kalasipalya, Bengaluru-560 002.
5. Kumbarara Sangha (R), No.13, Kalasipalyam New Extn., Bengaluru-560 002, Rep. by its Secretary.
… Respondents (By Sri.Deviprasad Shetty, Advocate for R-5; Sri.Vijaykumar.A.Patil, AGA for R1-R4 served) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the R-
4 to act on the complaint filed by the petitioner immediately and to take action on the concerned persons to make a way to run the R-5 sangha smoothly and etc., This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER The petition is admitted for hearing. With the consent of parties, the same is heard finally.
2. In this petition, the petitioner seeks for a direction to respondent No.4 to act upon the complaint submitted by the petitioner immediately and to take action against the delinquents.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner is the President of respondent No.5 and he apprehends threat to his life and liberty at the hands of the Secretary – respondent No.5.
4. On the other hand, learned counsel for respondent No.5 has seriously disputed the aforesaid assertion of the facts made on behalf of the petitioner.
5. At this stage, learned counsel for the petitioner submits that the petitioner be granted liberty to submit an application to respondent No.4 – the Inspector of Police, Kalasipalya Police Station, Kalasipalya, Bengaluru, seeking police protection and the aforesaid authority be directed to decide the application preferred by him in accordance with law.
6. In view of the submissions made and in the facts of the case, the writ petition is disposed of. In case the petitioner files an application before respondent No.4 – the Inspector of Police, Kalasipalya Police Station, Kalasipalya, Bengaluru, seeking police protection, the aforesaid officer shall decide the application submitted by the petitioner expeditiously preferably within a period of one week from the date of receipt of such an application by taking into account the threat assertion of the petitioner.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/- JUDGE dn/-