IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NOS.475-476 OF 2015 C/W.
WRIT PETITION NO.23903/2013 & WRIT PETITION NO.23904/2013 (GM-RES) BETWEEN:
1. SRI B.N. MANU SHENOY S/O. LATE B.K.N. MURTHY AGED ABOUT 54 YEARS EDITOR KODAGU SAMACHARA KANNADA NEWS WEEKLY VIRAJPET KODAGU DISTRICT-571 217.
2. SRI U.M. POOVAYYA S/O. U.B.MUDDAPPA AGED ABOUT 62 YEARS EDITOR, BRAHMAGIRI KODAVA LANGUAGE WEEKLY PENSION LANE, MADIKERI KODAGU DISTRICT-571 217. ... COMMON PETITIONERS (BY SMT. LEELA P. DEVADIGA, ADV. FOR SRI A.K. SUBBAIAH, ADV.) AND:
1. THE REGISTRAR OF NEWS PAPERS FOR INDIA WEST BLOCK 8, WING NO.2 R.K. PURAM NEW DELHI-110 066.
2. THE SUPERINTENDENT OF POST KODAGU DIVISION, MADIKERI KODAGU DISTRICT-571 217.
3. THE DEPUTY COMMISSIONER KODAGU DISTRICT, MADIKERI KODAGU-571 217. ... COMMON RESPONDENTS (BY SRI D. BASAVARAJA, ADV. FOR R1 & R2; SMT. NILOUFER AKBAR, A.G.A. FOR R3) W.P.NOS.475-476/2015 ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENTS DATED 31.12.2014 RESPECTIVELY VIDE ANN-D & E AND ETC.
W.P.NOS. 23903/2013 & 23904/2013 ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED MEMOS DATED 06.06.2013 VIDE ANNEX-C ISSUED BY R2 AND DATED 06.06.2013 VIDE ANNEX-D ISSUED BY R2 AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Smt. Leela P. Devadiga for Sri A.K. Subbaiah, learned counsel for petitioners. Sri D. Basavaraju, learned counsel for respondents No.1 and 2 and Smt. Niloufer Akbar, learned Additional Government Advocate for respondent No.3.
2. The writ petitions are admitted for hearing.
With the consent of the parties, the matter are heard finally.
3. In Writ Petition Nos.475-476/2015, the petitioners inter alia have prayed for the following reliefs:
“i. Issue appropriate writ or order or direction in the nature of certiorari quashing impugned endorsement vide Nos.KA/SK/KDG-315 & KA/SK/KDG-307 dated 31.12.2014 respectively, produced at Annexure-D & E.
ii. Issue appropriate writ or order or direction in the nature of mandamus directing the respondent No.1 to issue Certificates of Registration in favour of both the petitioners herein forthwith to secure the ends of justice.
iii. Issue appropriate writ or direction in the nature of direction directing the 2nd respondent to process the petitioners Renewal applications dated 19.12.2014 & 27.04.2014 which is already at Annexures-D & E.”
4. In Writ Petition Nos.23903/2013 & 23904/2013, the petitioners inter alia have prayed for the following reliefs:
“i. Issue appropriate writ or order or direction in the nature of certiorari quashing impugned Memo’s dated 06.06.2013 bearing Nos.L2/KA/SK/KDG-315 Annexure-C issued by respondent No.2 and No.L2/KA/SK/KDG- 307 dated 06.06.2013 respectively, produced at Annexure-D issued by respondent No.2.
ii. Issue appropriate writ or order or direction in the nature of mandamus directing the respondent No.1 to issue Certificates of Registration in favour of both the petitioners herein forthwith to secure the ends of justice.
iii. Issue such other writ or order or direction that this Hon’ble Court may deem fit under the facts and circumstances of the case including the cost of this writ petition to secure the ends of justice.”
5. When the matters were taken up for consideration today, learned counsel for the petitioners submit that the petitioners shall comply with all the formalities prescribed for issue of RNI Certificate and the competent authority be directed to consider the issue pertaining grant of RNI Certificate to the petitioners.
6. In view of the aforesaid submissions, learned counsel for respondents No.1 and 2 submits that, in case the petitioners comply with all the formalities prescribed for issuance of RNI Certificate, the competent authority shall consider the claim of the petitioner with regard to RNI Certificate in accordance with law.
7. In view of the aforesaid submissions and in the facts of the case, it is directed that, in case the petitioners comply with all the formalities prescribed for RNI Certificate and file an application in this regard before the competent authority within a period of two weeks from the date of receipt of a certified copy of the order passed today, the competent authority shall deal with the claim of the petitioners for issuance of RNI Certificate in accordance with law within a period of one week from the date of receipt of such an application from the petitioners.
8. Interim order, if any shall continue till the application filed by the petitioners is decided by the competent authority. It made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petitioners.
Accordingly, the writ petitioners are disposed of.
Sd/- JUDGE ST