IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.13778 OF 2018 (GM-POLICE) BETWEEN:
SRI GANESH S S/O LATE SUNDER AGED ABOUT 37 YEARS RESIDING AT NO 3732, BASAPPA GARADI STREET, VEERANAGERE, LASHKAR MOHALLA, MYSORE.
(By Mr. UMA SHANKAR M.N. ADV.) AND:
1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA DR AMBEDKAR VEEDHI BENGALURU – 560001.
2. THE COMMISSIONER MYSURU CITY MYSURU – 570001.
… PETITIONER 3. THE DEPUTY COMMISSIONER OF POLICE MYSURU CITY, MYSURU – 570001.
4. THE POLICE INSPECTOR (LAW AND ORDER) LASHKAR POLICE STATIONER MYSURU CITY, MYSURU – 570001.
… RESPONDENTS (By Mr. VIJAY KUMAR A. PATIL, LEARNED AGA THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO DELETE THE NAME OF THE PETITIONER FROM THE LIST OF ROWDIES/ROWDY SHEET OF THE 4TH RESPONDENT BY CONSIDERING THE REPRESENTATION DATED 23.01.2018 AT ANNEXYURE-A FILED BEFORE THE 2ND RESPONDENT AS PER THE DIRECTIONS ISSUED BY THIS HON'BLE COURT IN W.P NO.646 OF 2018, DT: 8.1.18 & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Uma Shankar M.N., learned counsel for the petitioner.
Mr.Vijay Kumar A. Patil, learned Additional Government Advocate for the respondents.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following reliefs:
a) Therefore, the petitioner respectfully pray that for the reasons stated above, this Hon’ble may be pleased to issue a Writ of Mandamus directing the respondents to delete the name of the petitioner from the list of rowdies/rowdy sheet of the 4th respondent by considering the representation dated 23-01-2018 at Annexure “A” filed before the 2nd Respondent as per the directions issued by this Hon’ble Court in W.P. No.646/2018 dated 8.1.2018 in the interest of justice.
b) Therefore, the petitioner respectfully pray that for the reasons stated above, this Hon’ble Court may be pleased to issue a Writ of Certiorari and after calling for records of the proceedings of the 4th Respondent, quash and set aside the endorsement dated 21-03-2018 at Annexure “B”, in the interest of justice.
c) Therefore, the petitioner respectfully pray that this Hon’ble Court may be pleased to grant any appropriate direction or pass any appropriate order as this Hon’ble may deem fit in the facts and circumstances of the case, in the interest of justice.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the impugned endorsement dated 23.01.2018 has been issued by respondent No.2 in violation of the order passed by this Court in order dated 08.01.2018 passed by this Court in W.P.No.646/2018 and therefore, the same is liable to be quashed. On the other hand, learned Additional Government Advocate was unable to point out from the endorsement any reasons worth the name have been assigned.
5. In view of he fact that the endorsement in question dated 23.01.2018 has been passed without assigning any reasons and in violation of the order dated 08.01.2018 passed in W.P.No.646/2018, the impugned endorsement is quashed and set aside. Needless to state that the respondents would be at liberty to take an action against the respondents if so advised in accordance with law.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS