Citation : 2022 Latest Caselaw 11600 Kant
Judgement Date : 6 September, 2022
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
REVIEW PETITION NO.417 OF 2022
BETWEEN:
1. SMT. RUKKAMMA
W/O LATE KRISHNAPPA,
AGED ABOUT 69 YEARS,
(SENIOR CITIZENSHIP BENEFITS NOT CLAIMED)
2. SMT. VANAJAKSHI
D/O LATE KRISHNAPPA,
AGED ABOUT 56 YEARS,
3. SRI. RAVINDRA K
S/O LATE KRISHNAPPA,
AGED ABOUT 53 YEARS,
4. SRI. JAYARAM K
S/O LATE KRISHNAPPA,
AGED ABOUT 48 YEARS,
5. SMT. ROOPA
D/O LATE JAGADISH K,
AGED ABOUT 39 YEARS,
ALL PETITIONERS RESIDING AT
NO.297, DODDAMANE KRISHNAPPA LAYOUT,
NEAR ANJANEYA TEMPLE,
ARAKERE, BANNERGHATTA ROAD,
BENGALURU SOUTH,
BENGALURU-560076.
...PETITIONERS
(BY SRI. SHAMANTH NAIK FOR
SRI.ALOKE MADAPPA, ADVOCATE)
AND:
2
1 . STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
HOME MINISTRY, VIDHAN SOUDHA,
BENGALURU-560001
2 . COMMISSIONER OF POLICE
BANGALORE CITY, INFANTRY ROAD,
BANGALORE-560001.
3 . DEPUTY COMMISSIONER OF POLICE
(SOUTH EAST), NO.6(9/D), 1ST CROSS,
20TH MAIN, OPP KORAMANGALA
POLICE STATION, 8TH BLOCK,
BANGALORE-560095.
4 . ASSISTANT COMMISSIONER OF POLICE
ELECTRONIC SUB DIVISION,
NO.73, 4TH CROSS ROAD,
NEELADRI INVESTMENT LAYOUT,
ELECTRONICS CITY PHASE-1,
BANGALORE-560100.
5 . CIRCLE INSPECTOR
HULIMAVU, CAVE TEMPLE ROAD,
MAIN BUS STOP PAI LAYOUT, HULIMAVU,
BANGALORE-560076.
6 . POLICE SUB INSPECTOR
HULIMAVU, CAVE TEMPLE ROAD,
MAIN BUS STOP PAI LAYOUT, HULIMAVU,
BANGALORE-560076.
7 . M/S LAKSHMI RAMANA PETRO SERVICES
NO.SY NO.135/2,
OPPOSITE ELEMENTS MALL,
TANISANDRA MAIN ROAD,
BANGALORE-560045,
REPRESENTED BY ITS PROPRIETOR,
DR.A. BALAJI RAO,
S/O DR.A. KRISHNAIAH,
AGED ABOUT 48 YEARS.
...RESPONDENTS
(BY SRI.VINOD KUMAR M, AGA FOR R1 TO R6)
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THE ADVOCATE FOR THE PETITIONER HAS FILED THE
ABOVE REVIEW PETITION UNDER ORDER XLVII RULE 1 OF CPC,
PRAYING THIS HONBLE COURT TO A) REVIEW THE ORDER
DATED 08/02/2022 PASSED IN W.P.NO.2075/2022 BY THIS
HON'BLE COURT (ANNEXURE-A) AND ETC.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:-
ORDER
This Review Petition is presented seeking recall of the
judgment in question which only had directed the
consideration of Writ Petitioners' representation for police
protection. It was a case of "order to make order" on the
representation, all contentions having been kept open.
It hardly needs to be stated that for such a petition,
there was no need for impleading others much less the
Review Petitioners. However, this having been said there is
another aspect; it is submitted by the counsel for Review
Petitioners that there is a civil dispute pending between the
parties and therefore, the police while considering the
representation of writ petitioners for protection, shall
consider representation to be made by the Review
Petitioners as well. There is some sense in this. That
course would do justice to both the rival parties
With these observations, Review Petition is disposed
off, clarifying that the representation of the Writ Petitioners
is confined only to their life, liberty & limb. Review
Petitioners can also make a representation counter
representation to the police. Both the representations shall
be considered together in accordance with law.
It is open to the respondent - police to solicit any
information/documents from the side of the writ petitioners
as well as review petitioners for due adjudications of their
representations.
Sd/-
JUDGE
cbc
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