S. Balaji vs State Of Karnataka on 7 December, 2020

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Karnataka High Court

S. Balaji vs State Of Karnataka on 7 December, 2020

Bench: P.B. Bajanthri

                            1




 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 07TH DAY OF DECEMBER, 2020

                         BEFORE

      THE HON'BLE MR.JUSTICE P.B. BAJANTHRI

     WRIT PETITION NO.59752/2015(GM-POLICE)

BETWEEN:

1.     S. BALAJI,
       S/O LATE M SUBRAMANYAM,
       AGED ABOUT 41 YEARS,

2.     S. JAGADISH,
       S/O LATE M SUBRAMANYAM,
       AGED ABOUT 45 YEARS,

BOTH ARE RESIDING AT:
SAROJA NILAYA, NO.1,
KIRLOSKAR LAYOUT,
HESARAGHATTA MAIN ROAD,
CHIKKASANDRA CROSS,
NAGASANDRA POST,
BANGALORE - 560 073                   ... PETITIONERS

(BY SRI. RAKSHIT K.N., ADVOCATE)

AND:

1.     STATE OF KARNATAKA
       REPRESETNED BY ITS
       PRINCIPAL SECRETARY,
       DEPARTMENT OF URBAN
       DEVELOPMENT, VIDHANA
       SOUDHA, BANGALORE - 560 001

2.     BANGALORE METROPOLITAN
       TASK FORCE, REPRESENTED BY
                                     2




      ITS AUTHORIZED OFFICER,
      N.R. SQUARE, BBMP PREMISES,
      BANGALORE - 560 002

3.    THE POLICE INSPECTOR
      BMTF POLICE STATION,
      N.R SQUIRE, BBMP PREMISES,
      BANGALORE - 560 002.

4.    SRI. S. MUNIRAJU
      MEMBER OF LEGISLATIVE
      ASSEMBLY, LEGISLATIVE
      HOUSE, VIDHANA SOUDHA,
      BENGALURU - 560 001.                           ... RESPONDENTS

(BY SRI. KIRAN KUMAR, HCGP FOR R-1 TO R-3 (MA NOT FILED)
    SRI. K. SUMAN FOR R-4)

     THIS WRIT PETITION FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
NOTICE ISSUED BY THE R-3 DTD:10.6.2015 MARKED
ANNEXURE-J AND ETC.,

     THIS PETITION COMING ON FOR PRELIMINARY HEARING -
B GROUP PHYSICAL HEARING / VIDEO CONFERENCING HEARING
(OPTIONAL), THIS DAY, THE COURT MADE THE FOLLOWING:-


                                 ORDER

In the instant petition petitioners have prayed for the following relief:

Issue a writ of Certiorari or any other suitably writ or direction to quash the notice issued by the 3rd respondent bearing No.SP/BMTF/GL/266/15 dated 10.6.2015 marked Annexure-J. 3

2. Learned HCGP fairly submitted that the present matter is squarely covered by the decision of this Court in the case of Srinath Mangalore Vs. State of Karnataka Urban Development reported in LAWS (KAR) 2018 9 114 relating to jurisdiction of BMTF Police Station.

3. In view of the aforesaid submission, notice issued by respondent No.3 dated 10.6.2015 at Annexure-J stands quashed. Accordingly, writ petition stands allowed.

Sd/-

JUDGE BS

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