Karnataka High Court
Mahesh vs Assistant Commissioner And Anr on 2 April, 2024
Author: V Srishananda
Bench: V Srishananda
-1-
NC: 2024:KHC-K:2895
WP No. 200720 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 2ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
WRIT PETITION NO. 200720 OF 2024 (GM-POLICE)
BETWEEN:
MAHESH S/O PIRAJI GOULI
AGE 30 YEARS, OCC: BUSINESS AND
BJP WORKER AND ORGANIZER OF RATH YATRA,
R/O BG-1, BHARAT PRIDE PARK,
OPPOSITE LAHOTI 1 MOTORS, KALABURAGI
DIST: KALABURAGI-585104
...PETITIONER
(BY SRI AVINASH A. UPLAONKAR, ADVOCATE)
AND:
1. ASSISTANT COMMISSIONER KALABURAGI,
Digitally signed SUB DIVISION KALABURAGI,
by RENUKA
DIST: KALABURAGI-585101.
Location: High
Court Of
Karnataka 2. POLICE INSPECTOR,
ALAND POLICE STATION,
DIST: KALABURAGI-585101.
...RESPONDENTS
(BY SMT. ARATI PATIL, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OR ORDER OF CERTIORARI BY QUASH THE
IMPUGNED ENQUIRY NOTICE DATED 02.03.2024 BEARING NO.
-2-
NC: 2024:KHC-K:2895
WP No. 200720 of 2024
KAM/MAG-2/49/2023-24, ISSUED BY THE RESPONDENT NO. 1
AS PER ANNEXURE-A. ISSUE ANY APPROPRIATE ORDER OR
DIRECTION A WRIT IN THE NATURE OF CERTIORARI AND TO
QUASH THE ORDER PASSED IN VIDE BEARING NO.KAM/MAG-
2/49/2023-24 ORDER DATED 06-03-2024, PASSED BY THE
RESPONDENT NO.1 AS PER ANNEXURE - D.
THIS WRIT PETITION IS COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri Avinash A. Uplaonkar, learned counsel for
the petitioner and learned High Court Government Pleader
for the respondents.
2. The petitioner has been served with an
externment order dated 06.03.2024 marked at Annexure
-D.
3. The reasons for passing Annexure - D by the
authorities is that the petitioner is a rowdy sheeter and
communal gunda.
4. Annexure - D came to be passed in the light of
the 'Ratha Yatra' held by the private organization. By
NC: 2024:KHC-K:2895
virtue of the interim order, the petitioner was permitted to
come back to Kalaburagi and participate in the 'Ratha
Yatra'.
5. The main case which has been the basis for
passing the Annexure - D came to be acquitted by a
considered judgment in Special Case (SC/ST) No.45/2020.
6. The only other case that is pending against the
petitioner is case filed under Section 298 of IPC triable by
the Magistrate. The same cannot be the basis for passing
the order of externment. No other material is available
whereby the order at Annexure - D can be justified by the
respondents/authorities.
7. Accordingly, the following:
ORDER
i. The writ petition is allowed.
ii. The order at Annexure - D stands
quashed.
NC: 2024:KHC-K:2895
iii. However, if the sufficient material is
available against the petitioner, the
respondents are at liberty to take
action in accordance with law after
notifying the petitioner.
Sd/-
JUDGE
RSP
CT:SI
