IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION NOS.12136-12149/2019 (GM-MM-S) BETWEEN:
1. SRI. AKBAR ALI S/O S HAMAD AGED ABOUT 33 YEARS R/AT D.NO.1-307, ADDU HOSAMANE, ADDUR, MANGALORE - 574145 D K DISTRICT 2. SRI SANTHOSH D’SOUZA S/O STANY D’SOUZA AGED ABOUT 44 YEARS R/AT NO.2-149, PUNCHAME HOUSE, KARIYANGALA POLALI, BANTWAL, D K - 574219 3. SRI RAFIQ S/O UNHIBEARY AGED ABOUT 38 YEARS R/AT NO.3-166, KEMRAL PAKSHIKERE, KEMRAL, KEMRAL PANCHAYATH DAKSHINA KANNADA - 574146 4. SRI SIDDIQU S/O HASANABBA AGED ABOUT 40 YEARS R/AT NO.3-164 (C-1), PAKSHIKERE, BISMILAHI MANZIL, KEMRAL, KEMRAL PANCHAYATH MANGALORE - 574146 D.K. DISTRICT 5. SRI ABDUL JABBAR S/O LATE IBRAHIM AGED ABOUT 38 YEARS R/AT NO 7-79, B/1 (1), SITE NO 99, 7TH BLOCK, KRISHNAPURA MANGALORE - 575014 DAKSHINA KANNADA DISTRICT 6. SRI YOGISH SALIAN S/O KRISHNAPPA POOJARY AGED ABOUT 34 YEARS R/A 1-2, GANESH KODI HOUSE, VEERAKAMBAHA POST, BANTWAL TALUK VEERAKAMBA, D K DISTRICT - 574222 7. SRI HANEEF SHEIKH A K S/O SHEKABBA A K AGED ABOUT 36 YEARS R/AT 1-401, KOTIPAL HOUSE NEAR GOVERNMENT SCHOOL ADDOOR, DAKSHINA KANNADA - 574145 8. SRI MOHAMMED MUSTHAFA S/O LATE S HASANABBA AGED ABOUT 44 YEARS R/AT NO 4-105, MULARAPATNA HOUSE, AZADNAGAR ARALA D K DISTRICT - 574211 9. SRI DHANANJAYA S/O UMANTH SUVARNA AGED ABOUT 35 YEARS R/AT NO.3/41, KELARAI KODI THIRUVAIL, VAMANJOOR – 575 028 MANGALORE, D.K. DISTRICT.
10. SRI KISHORE KUMAR S/P AITHAPPA POOJARI AGED ABOUT 38 YEARS R/AT AMRITHA SAGAR 1ST BLOCK, THIRUVAIL VAMANJOOR – 575 028 MANGALORE, D.K. DISTRICT 11. SRI JOY FRANCIES FERNANDES S/O LATE LAWRENCE FERNANDES AGED ABOUT 44 YEARS R/AT 1-172/4, NEAR GANAPATHY TEMPLE BADAGAULIPADY, GANJIMATTA DAKSHINA KANNADA – 574 144.
12. SRI JOHNSON LOBO S/O XAVIER PETER LOBO AGED ABOUT 52 YEARS R/AT 1-45, SONAL WIN STON COMPOUND KANDAVARA, KINNIKAMBLA D.K. DISTRICT – 574 151.
[PETITIONS OF THESE PETITIONER NOS.9 TO 12 DISMISSED AS NOT PRESSED V/C/O DTD: 01.04.2019] 13. SRI LOKANATHA M S/O GANAPAYYA GOWDA AGED ABOUT 49 YEARS, R/AT MUTHLAJE HOUSE, YENEKALLU, D K DISTRICT - 574151 14. SANTHOSH S/O NAGARAJA RAMASWAMI AGED ABOUT 23 YEARS R/AT NO 1-10 (39) MAVINAKATTE NANDALIKE, KARKALA TALUK UDUPI DISTRICT – 576111 [PETITION OF PETITIONER NO.14 DISMISSED AS NOT PRESSED V/C/O DTD: 01.04.2019] 15. D K LORRY OWNERS UNION FEDERATIONS (R) 3RD FLOOR, MERDIAN GURU PLAZA NEAR K S R T C BUS STAND, BEJAI MANGALORE - 575001 REPRESENTED BY ITS PRESIDENT SRI N JAIRAJ SHETTY ... PETITIONERS (BY SRI RAJASHEKAR S., ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF MINES AND GEOLOGY GOVERNMENT OF KARNATAKA KHANIJA BHAVAN RACE COURSE ROAD, BANGALORE - 560001 REPRESENTED BY ITS DIRECTOR 2. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY 1ST FLOOR, JUGUL TOWERS BUILDING, MALLIKATTE MANGALORE, DAKSHINA KANNADA DISTRICT - 575001 3. THE DEPUTY COMMISSIONER D K DISTRICT , OFFICE OF DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT - 575001 4. THE STATION HOUSE OFFICER BAJPE POLICE STATION, BAJPE MANGALORE TALUK D K DISTRICT - 575001 (BY SRI V.G. BHANUPRAKASH, AGA) ... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO RELEASE THE VEHICLES BELONGING TO THE PETITIONERS NO.1 TO 8, BEARING REGISTRATION NOs. KL-10-AE-2273, KA-19-AB-6006, KA-19-AB-1389, KL-59-A-8112, KA-12-A-2477, KA-19-AB- 2189, KA-19-AB-5745, KA-19-AC-3130 AND KA-05-AA-
9540 VIDE ANNEXURES-A, H ,J, L, N, P, R, S & Y RESPECTIVELY, WHICH HAVE BEEN ALLEGED TO HAVE BEEN SEIZED IN RELATION TO TRANSPORTATION OF SAND BY THE R-2 AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S. DINESH KUMAR J., MADE THE FOLLOWING:
ORDER Learned advocate for the petitioners has filed a memo seeking permission to withdraw these petitions.
Memo is taken on record.
Petitions are dismissed as withdrawn with liberty as prayed for.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE ca LNSJ & PSDJ : W.P. Nos.12136-49/2019 12.07.2019 ORDER ON I.A. NO.2/19 Heard.
Shri.Rajashekar S., learned Advocate for the applicant submits that he had filed a Memo on 24.04.2019 seeking leave to withdraw the writ petitions with liberty.
It is clarified that the order dated 24.04.2019 does not come in the way of petitioners seeking appropriate relief before the appropriate competent court seeking release of the vehicle.
Accordingly, I.A. No.2/19 is disposed of.
Sd/- JUDGE Sd/- JUDGE SPS