IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA WRIT PETITION No.10925/2017 (GM-POLICE) BETWEEN:
T A RAMESH BABU S/O LATE ANANTHPADMANABHAIAH SHETTY, AGED ABOUT 48 YEARS, R/AT KAVANADALA, DODDERI HOBLI, MADHUGIRI TALUK, TUMKUR DISTRICT - 572 101.
... PETITIONER (BY SRI. NATARAJ R, ADV.) AND:
1. STATE OF KARNATAKA BY DEPARTMENT OF PROSECUTION M.S.BUILDING, BANGALORE - 560 001. BY ITS PRINCIPAL SECRETARY.
2. CRIMINAL INVESTIGATION DEPARTMENT BY ITS SUPERINTENDENT OF POLICE CARLTON HOUSE PALACE ROAD, BANGALORE - 560 001.
... RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, HCGP.) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO; DIRECT THE R-2 TO FORTHWITH UNSEAL THE PROPERTY BEARING ASSESSMENT NO.2043/1936/6683, 2044/1937/6684 AND 2045/ 1938/6685 AT BALAJINAGAR LAYOUT WITHIN THE LIMITS OF SIRA MUNICIPALITY SIRA TOWN, TUMKUR DISTRICT.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is before this Court seeking issue of mandamus to direct the respondents to remove the seal of the property to which reference is made in the petition. The petitioner claims to be the owner but some criminal proceedings were initiated against the tenant who was residing in the said premises and it is in that view, the premises has been seized and sealed.
2. Learned Government Advocate on securing instructions would submit that a Mahazar of the property has been drawn and P.F. report has been filed before the jurisdictional Court. The learned counsel for the petitioner would however submit that the sealed property has not been included in the P.F. statement. In that situation, if the premises is vacant and not a subject matter of the proceedings before the Court below, the respondents shall hand over the possession to the petitioner. However, if the articles shown in the P.F. statement are still in the premises, appropriate application be made before the Court below to remove and hand over possession.
3. If that be the position, the petitioner would have the liberty of filing an appropriate application before the jurisdictional Court.
With the above direction and with such liberty to the petitioner, the petition stands disposed of.
Sd/- JUDGE