IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.7331 OF 2019 (GM-POLICE) BETWEEN:
ODANADI SEVA SAMSTHE ® # 15/2B, SRS COLONY, HOOTAGALLI MYSURU – 570 018 BY ITS SECRETARY SRI. K.V. STANLEY … PETITIONER (BY SRI. D.C. SRINIVASA, ADV.) AND:
1 STATE OF KARNATAKA BY ITS SECRETARY HOME DEPARTMENT VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU – 560 001 2 THE COMMISSIONER OF POLICE MYSURU CITY, MIRZA ROAD NEAR GANDHIVANA PARK NAZARBAD LOKARANJAN MAHAL ROAD MYSURU – 570 010 ... RESPONDENTS [BY SRI. VIJAYKUMAR A. PATIL, AGA] THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 5.1.2019 ISSUED BY THE R-2 IN SO FAR AS DENIAL TO BIKE RALLY OF THE PETITIONER IS CONCERNED VIDE ANNEXURE-F AS VOID, ILLEGAL AND UNCONSTITUTIONAL AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. D.C. Srinivasa, learned Counsel for the petitioner.
Mr. Vijay Kumar A. Patil, learned Counsel for the respondents.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In this writ petition, petitioner, inter alia, seeks a writ of certiorari of quashment of Order dated 5.1.2019 issued by the Respondent No.2 by which the petitioner has been denied permission to take out motor cycle rally in support of their cause for women empowerment.
3. After arguing the matter to some extent, learned counsel for the petitioner submits that the Commissioner of Police, Mysuru City, has refused to grant permission to the petitioner to take out the motor cycle rally taking into account the timings of the rally i.e., 9 am to 10 am which may cause congestion in traffic and inconvenience to the public in general. Therefore, the petitioner be directed to submit fresh representation by changing the time schedule for the motor cycle rally and the Commissioner of Police, Mysuru City, be directed to consider the representation by a speaking order within a fixed timeframe.
4. On the other hand, learned Additional Government Advocate submits that in case such representation is submitted, the same shall be dealt with in accordance with law.
5. In view of the submissions made and in the facts and circumstances, it is directed that in case the petitioner submits a representation within a period of two days from the date of receipt of certified copy of the order passed today to the Commissioner of Police, Mysuru City, pointing out the change in the time schedule with regard to the time of the motor rally, the Commissioner of Police, Mysuru City shall consider the same by taking into account the possibility of congestion in traffic and the convenience of the public in general, by a speaking order, within a period of two days therefrom.
Accordingly, the petition is disposed of.
Sd/- JUDGE AN/-