IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE BETWEEN:
WRIT PETITION NOs.55189 OF 2018 & 56764 OF 2018 (GM-POLICE) 1. SRI. S. BABU S/O PENCHALA REDDY, AGED ABOUT 48 YEARS R/AT NO.24,NEERAJA HALCYON, HORAMAVU AGRA, BANGALORE-560 113 (EARLIER UNDER KALYAN NAGAR PO-560043).
2. SMT P SUSHMITHA W/O S BABU, AGED ABOUT 43 YEARS R/AT NO.24, NEERAJA HALCYON, HORAMAVU AGRA, BANGALORE-560 113 (EARLIER UNDER KALYAN NAGAR PO-560 043). … PETITIONERS (By Smt. REVATHY ADINATH NARDE, ADV.) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BANGALORE-560 001.
2. THE INSPECTOR GENERAL OF POLICE POLICE HEAD QUARTERS,NO.2, NRUPATHUNGA RD., HIGH GROUNDS BANGALURU-560 001.
3. THE COMMISSIONER OF POLICE INFANTRY ROAD, BANGALORE-560 001.
4. SUB INSPECTOR OF POLICE RAMAMURTHY NAGAR POLICE STATION BENGALURU-560 016.
… RESPONDENTS (By Mr. VIJAY KUMAR A. PATIL, LEARNED AGA FOR R1 TO R4) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE DIRECTION TO THE RESPONDENTS TO RELEASE THE POSSESSION OF THE SCHEDULE OFFICE PREMISES TO THE PETITIONERS AFTER SEIZING THE MATERIALS INSIDE THE OFFICE OF THE ERSTWHILE TENANT AS PER THE ANNEXURE-J DATED 19.11.2018 ISSUED BY THE PETITIOENR NO.1 TO THE R-4 & ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt.Revathy Adinath Narde, learned counsel for the petitioners.
Mr.Vijay Kumar A.Patil, learned Additional Government Advocate for respondent Nos.1 to 4.
2. The writ petitions are admitted for hearing.
With consent of the parties, the same are heard finally.
3. In these petitions, the petitioners have prayed for the following reliefs:
a) Issue a Writ of Mandamus in the nature of direction to the Respondents to release the possession of the schedule office premises to the petitioners after seizing the materials inside the office of the erstwhile tenant as per the Annexure-J dated 19-11-2018 issued by the petitioner No.1 to the Respondent No.4.
b) Declare that not releasing the schedule premises by the respondents after seizing the inside materials of the accused/tenant in the schedule premises and not handing the vacant possession of the premises to the petitioners is illegal and violative of the constitutional rights of the citizen of India.
c) Pass such other order or direction that this Hon’ble court deems fit to pass in the circumstances of the case.
4. When the matters were taken up today, learned counsel for the petitioners submitted that the writ petitions be disposed of with a direction to respondent No.4-Assistant Commissioner of Police of Central Crime Branch shall decide the representation, which is pending consideration Annexure-J within a fixed time limit. On the other hand, learned Additional Government Advocate submitted that suitable action in accordance with law shall be taken.
5. In view of the submissions made and in the facts of the case, the writ petitions are disposed of with a direction to the Investigating Officer, Central Crime Branch to take a decision on the representation and to decide whether or not the Investigating Agency wants to take possession of the computers, which are in the premises of the petitioner and communicate the same to the petitioners within a period of one week from today. Depending upon the communication sent to the petitioners, the petitioners shall be at liberty to take recourse to the remedy, which may be available to the petitioners under law within one week from the date of receipt of the certified copy of the order passed today.
Accordingly, the petitions are disposed of.
Sd/- JUDGE SS