IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.13369 OF 2019 (GM-POLICE) Between:
Sri. Ramaprasad K.V.
S/o late Varadaraja Gupta Aged about 59 years NO.17, Venkatappa Layout 2nd Cross, Sanjayanagar Bengaluru – 560 094 (By Sri. M. Shivaprakash, Advocate) And:
1. The Secretary Department of Home State of Karnataka Vidhana Soudha Bengaluru – 560 001 2. The Director Civil Enforcement Cell Seshadri Road Bengaluru – 560 009 3. The Director General of Police Civil Enforcement Cell Seshadri Road Bengaluru – 560 009 … Petitioner 4. The Additional Director General of Police Palace Road Bengaluru – 560 009 5. Deputy Superintendent of Police Cauvery Bhavan Bengaluru – 560 009 6. Police Sub Inspector Civil Enforcement Director Office Cauvery Bhavan, F-Block Bangalore Central – 560 009 7. Sri. Raju S/o Ramaiah Aged Major 8. Sri. Narayanamurthy Aged Major 9. Sri. Devaraju Aged Major 10. Sri. Narasimhamurthy Aged Major Respondent Nos.6 to 9 are R/at Kempegowda Nagara Vanaganahatti Tavarekere Hobli Bengaluru South Taluk – 562 123 … Respondents (By Sri. Vijay Kumar A. Patil, AGA for R1 to R6; Sri. H. Sunil Kumar, Advocate for R7;
Service of notice on R10 is held to be sufficient v/o dated 24.04.2019; Service of notice on R8 and 9 is held to be sufficient v/o dated 30.08.2019) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the notice at Annexure-F dated 11.03.2019 and consequently to pass appropriate order directing the R1 to R5 that the matter if any is civil in nature to be adjudicated by the competent civil court it doesn’t give rise for criminal proceedings by R1 to R5.
This Writ Petition coming on for Orders, this day, the Court made the following:-
ORDER Sri. M. Shivaprakash, learned counsel for the petitioner.
Sri. Vijay Kumar A. Patil, learned Additional Government Advocate for respondent Nos.1 to 6.
Sri. H. Sunil Kumar, learned counsel for respondent No.7.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner inter alia seeks a writ of certiorari for quashment of the order dated 11.03.2019.
3. When the matter was taken up today, learned Additional Government Advocate submitted that the aforesaid notice has not been issued to the petitioner and the same has been issued to respondent Nos.7 to 9.
4. In view of the aforesaid submission, learned counsel for the petitioner submits that since notice has not been issued to the petitioner, no action shall be taken against the petitioner.
5. In view of the rival submissions made by learned counsel for the parties at the bar, writ petition is disposed of with a direction that no action shall be taken against the petitioner in pursuance of the impugned notice dated 11.03.2019.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE Mds/-