IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.38500-501 OF 2017 (GM-POLICE) BETWEEN:
1. V.P. ABDULLA S/O V.P.P. HAJEE AGED ABOUT 64 YEARS R/AT NO.29. “ARFAS”, 4TH MAIN CHIKKAMARANAHALLI, RMV 2ND STAGE NEW BEL ROAD BANGALORE 560094.
2. K. KUNHAMMED S/O K. MAMOO AGED ABOUT 65 YEARS R/AT NO.332, 1ST B-MAIN ROAD 8TH BLOCK, KORAMANGALA BANGALORE 560095.
(By Mr. V. VISWANATH SETTY, ADV.) … PETITIONERS AND:
1. THE THASILDAR BENGALURU SOUTH TALUK KANDAYA BHAVANA, GROUND FLOOR K.G. ROAD, BENGALURU 560009.
2. THE COMMISSIONER OF POLICE NO.1, INFANTRY ROAD BENGALURU 560001.
3. THE ASSISTANT SUB-INSPECTOR (INCHARGE) GNANABHARATHI POLICE STATION GNANABHARATHI UNIVERSITY CAMPUS BENGALURU 560056.
4. R. SHASHIKUMAR S/O R. RAMAMURTHY R/AT 21/2, 2ND MAIN ROAD 6TH CROSS, VALMIKINAGAR MYSORE ROAD BENGALURU 560026.
5. MANAGING DIRECTOR BENGALURU ELECTRICITY SUPPLY COMPANY LTD CUBBON PARK ROAD NEAR VIDHANA SOUDHA K.R. CIRCLE, BENGALURU 560001.
6. THE ASST. EXECUTIVE ENGINEER (ELECL) N-8, SUB-DIVISION, BESCOM NAGARBHAVI, BENGALURU 560072.
(By Mr. D.P. MAHESH, ADV., FOR C/R4 … RESPONDENTS Mr. VIJAY KUMAR A. PATIL, LEARNED AGA FOR R1 – R3 Mr. V.N. MURTHY, ADV., FOR R5 & R6) - - -
These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India, praying to quash the notices dated 17-8-2017 issued by the jurisdictional gnanabharathi police station (R-3) vide Annex-J and the notice dated 11-8- 2017 issued by the R-1 vide Annex-K and etc.
These Writ Petitions coming on for Orders this day, the Court made the following:-
ORDER Sri.V.Viswanath Setty, learned counsel for the petitioners.
Sri.Vijay Kumar A.Patil, learned Additional Government Advocate for respondent No.1 to 3.
Sri.D.P.Mahesh, learned counsel for respondent No.4.
Sri.V.N.Murthy, learned counsel for the respondent Nos.5 and 6.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. The learned Additional Government Advocate has submitted that the police notice dated 17.08.2017 which has been impugned in these writ petitions is without jurisdiction. It is also fairly submitted that Annexure-K which is impugned in these petitions has been issued by the Assistant Commissioner because of orders passed in proceedings in LND(Y)CR/205/2016-17 under Section 5 of the Scheduled Caste and Scheduled Tribes (Prohibition of Transfer of Certain Lands), 1978 and the proceedings in SC.ST.76/2012-13. However, the aforesaid proceedings is pending consideration in an appeal before the Deputy Commissioner and therefore, the petitioners’ right would be subject to the appeal.
4. I have heard the learned counsel for the parties at length.
5. After hearing the learned counsel for the parties and taking into account the fact that the police notice dated 17.08.2017 is per se without jurisdiction, the same is quashed. It is further directed that the petitioners’ right would be subject to the result of the appeal which is pending consideration before the Deputy Commissioner.
Accordingly, the writ petitions are disposed of.
6. In view of the disposal of the writ petitions, the pending interlocutory application does not survive for consideration and is accordingly, disposed of.
Sd/- JUDGE RV