Sadique Anjum vs State Of Karnataka And Ors
2023 Latest Caselaw 8240 Kant

Karnataka High Court

Sadique Anjum vs State Of Karnataka And Ors on 23 November, 2023

Author: R.Devdas

Bench: R.Devdas

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                                                         WA No. 200147 of 2023




                                IN THE HIGH COURT OF KARNATAKA,

                                        KALABURAGI BENCH

                           DATED THIS THE 23RD DAY OF NOVEMBER, 2023

                                             PRESENT

                                THE HON'BLE MR. JUSTICE R.DEVDAS
                                                AND
                                THE HON'BLE MR. JUSTICE C M JOSHI

                             WRIT APPEAL NO. 200147 OF 2023 (GM-RES)

                      BETWEEN:

                      1.   SADIQUE ANJUM
                           S/O ABDUL REHMAN,
                           AGED ABOUT 35 YEARS,
                           OCC: COMPUTER OPERATOR,
                           RESIDING AT WARD NO. 6,
                           ISLAM NAGAR,
                           MANVI-584123, DIST:RAICHUR.

                                                                   ...APPELLANT
                      (BY SRI. ABDUL MUQHTADIR, ADVOCATE)
Digitally signed by
SOMANATH              AND:
PENTAPPA MITTE
Location: High
Court Of Karnataka    1.   STATE OF KARNATAKA,
                           BY MANVI POLICE STATION,
                           REPRESENTED BY HCGP,
                           HIGH COURT BUILDING,
                           HIGH COURT OF KARNATAKA,
                           KALABURAGI-585103.

                      2.   DEPUTY COMMISSIONER,
                           RAICHUR,
                           DC OFFICE PREMISES.
                           RAICHUR-584101.
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                              NC: 2023:KHC-K:8790-DB
                                      WA No. 200147 of 2023




3.   ASSISTANT COMMISSIONER,
     RAICHUR,
     DC OFFICE, RAICHUR-584101.

4.   TAHSILDAR, MANVI,
     OPP COURT COMPLEX,
     MANVI-584123, DIST:RAICHUR.

5.   WOMAN AND CHILD DEVELOPMENT
     DEPARTMENT, MANVI,
     REPRESENTED BY ITS CHILD DEVELOPMENT
     PROJECT OFFICER (CDPO),
     SINDHANOOR ROAD,
     OPP APMC MANVI-584123.

                                        ...RESPONDENTS
(BY SRI.MALLIKARJUN C. BASAREDDY, GOVT. ADVOCATE)

     THIS WRIT APPEAL IS FILED U/SEC. 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO, ALLOW THIS
APPEAL AND SET ASIDE THE ORDER PASSED BY THE LEARNED
SINGLE JUDGE ON 04.10.2023 IN W.P. NO. 202769/2023 AND
ALLOW THE W.P. NO. 202769/2023 AND PASS SUCH OTHER
OR FURTHER ORDERS AS THIS HONOURABLE COURT MAY
DEEMS FIT.

     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
R.DEVDAS, J., DELIVERED THE FOLLOWING:

                         JUDGMENT

The appellant had filed the writ petition seeking a

direction to the respondent-Tahsildar to consider the

representation dated 16.09.2023 at Annexure-D and

21.09.2023 at Annexure-E, to remove the lock put up on

the shop premises belonging to the petitioner. The writ

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petition having been dismissed on the ground that the

criminal case is pending consideration and therefore

during the course of the investigation no such direction

could be given.

2. However, during the course of this appeal

proceedings, the respondent-Tahsildar appeared before

this Court and made a submission that it was not he who

had put the lock on the shop premises, but it was the

Investigating Officer who had put the lock on the shop

premises and handed over the key to the Tahsildar. When

a pointed question was put to the Tahsildar, as to whether

he is empowered to retain the key or even whether the

police officer was entitled to lock the immovable property

and keep the key in his possession, the Tahsildar admitted

that he has no such power. The learned Government

Advocate was also directed to secure instructions from the

police officer. Thereafter, the submission was made by the

learned Government Advocate that appropriate

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instructions will be given to the police officer and the

Tahsildar.

3. Today, the learned Government Advocate has

furnished a copy of the acknowledgement given by the

appellant herein that the key of the shop premises has

been handed over to the appellant on 18.11.2023.

4. Learned counsel for the appellant admits that

the key has been handed over to the appellant and the

appellant is satisfied with the action.

Consequently, the writ appeal stands disposed of, in

view of the subsequent development.

Sd/-

JUDGE

Sd/-

JUDGE MSR