IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.44684 OF 2017 C/W WRIT PETITION NO.44683 OF 2017 (GM-POLICE) WRIT PETITION NO.44684 OF 2017 BETWEEN:
SRI D SURENDRA KUMAR S/O.SRI DEVARAJ, AGED ABOUT 38 YEARS, R/AT:#14/350, BEHIND KSRTC BUS STAND, CHAMARAJANGAR-571313.
(BY MR. BHANU PRAKASH H V, ADV.) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME AFFAIRS, VIDHANA SOUDHA, BANGALORE-560001.
2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT, CHAMARAJANAGAR-571313.
3. THE DEPUTY DIRECTOR DEPARTMENT OF MINES & GEOLOGY, CHAMARAJANAGAR DISTRICT, CHAMARAJANAGAR-571313.
… PETITIONER 4. THE ASSISTANT COMMISSIONER CHAMARAJANAGAR TALUK, CHAMARAJANAGAR-571313.
5. THE THASILDAR CHAMARAJANAGAR TALUK, CHAMARAJANAGAR-571313.
6. THE SUPERINTENDENT OF POLICE CHAMARAJANAGAR TALUK, CHAMARAJANAGAR-571313.
7. THE SUB INSPECTOR OF POLICE CHAMARAJANAGAR TALUK, CHAMARAJANAGAR-571313.
8. DEPUTY INSPECTOR OF POLICE RURAL POLICE STATION, CHAMARAJANAGAR-571313.
9. THE STATION HOUSE OFFICER RURAL POLICE STATION, CHAMARAJANAGAR-571313.
… RESPONDENTS (BY MR. VIJAY KUMAR A PATIL, AGA FOR R-1 TO 9) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-6 TO 9 TO ACT UPON THE REPRESENTATIONS MADE BY THE PETITIONER AND TO TAKE APPROPRIATE ACTION OR ANY SUCH APPROPRIATE STRINGERNT STEPS UNDER THE REPRESENTATIONS MADE BEFORE THE R-6 & 7 VIDE ANNEXURE-F DTD:28.7.2017 AND ANNEXURE-G DTD:7.8.2017.
W.P. NO.44683 OF 2017 BETWEEN:
SRI G KUMAR S/O R GANESHAN AGED ABOUT 40 YEARS R/AT WARD NO.25 J S S COLLEGE THYAGRAJA COLONY NANJANGUD TOWN MYSURU KARNATAKA – 571301. … PETITIONER (BY MR. BHANU PRAKASH H V, ADV.) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME AFFAIRS, VIDHANA SOUDHA, BANGALORE-560001.
2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT, CHAMARAJANAGAR-571313.
3. THE DEPUTY DIRECTOR DEPARTMENT OF MINES & GEOLOGY, CHAMARAJANAGAR DISTRICT, CHAMARAJANAGAR-571313.
4. THE ASSISTANT COMMISSIONER CHAMARAJANAGAR TALUK, CHAMARAJANAGAR-571313.
5. THE THASILDAR CHAMARAJANAGAR TALUK, CHAMARAJANAGAR-571313.
6. THE SUPERINTENDENT OF POLICE CHAMARAJANAGAR TALUK, CHAMARAJANAGAR-571313.
7. THE SUB INSPECTOR OF POLICE CHAMARAJANAGAR TALUK, CHAMARAJANAGAR-571313.
8. DEPUTY INSPECTOR OF POLICE RURAL POLICE STATION, CHAMARAJANAGAR-571313.
9. THE STATION HOUSE OFFICER RURAL POLICE STATION, CHAMARAJANAGAR-571313. … RESPONDENTS (BY MR. VIJAY KUMAR A PATIL, AGA FOR R-1 TO 9) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-6 TO 9 TO ACT UPON THE REPRESENTATIONS MADE BY THE PETITIONER AND TO TAKE APPROPRIATE ACTION OR ANY SUCH APPROPRIATE STRINGERNT STEPS UNDER THE REPRESENTATIONS VIDE ANNEXURE-G DTD: 3.7.2017 ISSUED BY THE R-5 TO R-6 THE REPRESENTATION VIDE ANNEXURE-h DTD:7.8.2017 MADE BY THE PETITIONER TO THE R/-6 AND ANNEXURE-J DTD:28.8.2017 ISSUED BY THE R-3 TO THE R-6 THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Bhanu Prakash H.V., learned counsel for the petitioner.
Mr.Vijay Kumar A.Patil, learned Additional Government Advocate for respondent Nos.1 to 9.
2. The writ petitions are admitted for hearing.
With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioner is seeking for a writ of mandamus directing respondent Nos.6 to 9 to act upon the representations made by the petitioner and to take appropriate action or any such appropriate stringent steps under the representations made before the respondent Nos.6 & 7, vide Annexure-F dated 28.07.2017 and Annexure-G dated 07.08.2017.
4. When the matters were taken up today, learned counsel for the petitioner submitted that he be granted with a liberty to make a fresh representation before the competent authority. On the other hand, learned counsel for respondent submitted that if such a representation is made by the petitioner the same shall be dealt with in accordance with law.
5. In view of the submissions made and in the facts of the case, the writ petitions are disposed of with a liberty to the petitioner that in case a representation is made to the competent authority, the same shall be decided by the competent authority by a speaking order within a period of four months from the date of receipt of such a representation. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petitions re disposed of.
Sd/- JUDGE SS