IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23rd DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.53045-46 OF 2018 (GM-POLICE) BETWEEN:
1. Smt. Pushapavathi W/o late Puttachar, Aged about 68 years, R/o Near Manasa Medical Main Road, Aruvathaklu, Gonikoppal, Virajpet, Kodagu District – 571 213.
2. G. P. Udaya S/o late G.K. Puttachar, Aged about 48 years, Occ: Proprietor Jewellery Near Manasa Medical Main Road, Aruvathaklu, Gonikoppal, Virajpet, Kodagu District – 571 213.
… Petitioners (By Sri. Hanumanthappa B. Haravi Gowdar, Advocate) AND:
1. The Chief Secretary Government of Karnataka, Vidhana Soudha, ‘Secretariat’ Office, Bengaluru – 560 001.
2. The Principal Secretary Home Affairs, Vidhana Soudha, Bengaluru – 560 001.
3. The Secretary to Governor Government of Karnataka, Raj Bhavan Road, Bengaluru – 560 001.
4. The Director and Inspector General of Police, Government of Karnataka, Nruptunga Road, Bengaluru – 560 001.
5. The Superintendent of Police, Kodagu District, Kodagu – 571 213.
6. The Deputy Inspector General Of Police, Southern Range, Mysuru.
7. The Police Circle Inspector Gonikpalu, Kodagu District – 571 213.
8. The Deputy Superintendent of Police Virajpet, Sub-Division, Virajpet – 571 213.
9. The Police Sub-Inspector Gonikoppalu, Madakeri District – 571 213.
… Respondents (By Sri. Vijaykumar A. Patil, AGA;
Sri. Shivaprasad Shantanagoudar, Advocate for impleading applicant on I.A. 1/2019;
R3 deleted vide order dated 30.11.2018) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to direct R8 to register a criminal case against the goonda elements those persons who have demolished petitioners residential house situated at Gonikoppalu, Virajpet Taluk, Kodagu District vide Annexure-A dated 26.10.2018.
These Petitions coming on for Orders, this day, the Court made the following:-
ORDER Sri. Hanumanthappa B. Haravi Gowdar, learned counsel for the petitioners.
Sri. Vijaykumar A. Patil, learned AGA for respondents.
Sri. Shivaprasad Shantanagowdar, learned counsel for impleading applicant on I.A.No.1/2019.
Petitions are admitted for hearing. With the consent of the parties, it is heard finally.
2. In these petitions, petitioners interalia have prayed for the following reliefs:
(i) A writ of mandamus directing 8th respondent to register a criminal case against the goonda elements those persons who have demolished petitioners’ residential house situated at Gonikoppalu, Virajpet Taluk, Kodagu District vide Annexure-A dated 26.10.2018.
(ii) A writ of mandamus directing 4th respondent to hold an independent enquiry in the matter and be place that report before this Hon’ble Court for further necessary actions in this matter.
(iii) A writ of mandamus directing 5th respondent to open a rowdy sheet against a) Nellra Rajendara S/o Uttaiah Birurani Village Virajpet Taluk b) M.P. Bidappa S/o M.C. Poovaiah Nisarga Layout Virajpet Taluk c) A.K. Subramani S/o Late Kalappa, Gonikoppal d) Satish K.M. S/o K.C. Madappa Kalathmad Village Gonikoppal e) Prasanth S/o Puttannaiah Aruvathokkalu Village, Gonikoppal Post f) M.T. Kariappa Advocate lawnest near Mahila Sanga Ponnampet with immediate effect.
(iv) A writ of mandamus directing 6th respondent to consider the complaint dated 03.11.2018 vide Annexure-B with immediate effect.
(v) Writ or order or direction as this Honb’le Court deems fit under the circumstances of the case in the interest of justice and equity.
3. When the matter was taken up today, learned counsel for the petitioners submits that respondent No.8 has registered First Information Report against delinquents. Therefore, relief No.(i) has rendered infructuous.
4. It is further submitted by the learned AGA for respondents that with regard to the relief claimed in (ii) and (iii) of the prayer clause, appropriate action shall be taken in accordance with law.
5. Learned counsel for the petitioners has no objection to the aforesaid submission.
6. In view of the aforesaid submission, petitions are disposed of with a direction to the competent authority to take action in the light of relief (ii) and (iii) sought in the writ petitions in accordance with law expeditiously provided such a complaint is filed by the petitioners within a period of one week from the date of receipt of certified copy of the order passed today.
Accordingly petitions are disposed of.
In view of disposal of the main petitions, I.A.No.1/2019 does not survive for consideration. Hence, it is disposed of.
Sd/- JUDGE Mds/-