Karnataka High Court
Sri G N Hittalamani vs The Government Of Karnataka on 2 February, 2016
Author: Subhro Kamal Mukherjee
Bench: Subhro Kamal Mukherjee
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY 2016
PRESENT
HON'BLE MR.SUBHRO KAMAL MUKHERJEE, ACTING CHIEF JUSTICE
AND
HON'BLE MR.JUSTICE RAVI MALIMATH
WA No.6837/2013 (GM-POLICE)
BETWEEN :
SRI G N HITTALAMANI
S/O N G HITTALAMANI
AGED ABOUT 65 YEARS
R/A NO.12, 9TH MAIN ROAD
J P NAGAR II PHASE
BANGALORE-560078
... APPELLANT
(By Sri KUMAR J C, ADVOCATE)
AND :
1. THE GOVERNMENT OF KARNATAKA
HOME DEPARTMENT
REPRESENTED BY ITS PRINCIPAL SECRETARY
M S BUILDING
BANGALORE-560001
2. THE ASSISTANT SUPERINTENDENT OF POLICE
ENQUIRY SECTION OF ECONOMIC OFFENCE
COD, BANGALORE-560001
... RESPONDENTS
(By MISS NILOUFER AKBAR, AGA)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN WRIT PETITION NO.50541/2012 DATED 21/11/2013.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING
THIS DAY, ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:
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JUDGMENT
This is an appeal against the judgment and order dated November 21, 2013, passed by the Hon'ble Single Judge, dismissing the Writ Petition No.50541 of 2012.
2. The appellant-writ petitioner was asked to appear before the Corps of Detectives (COD) on November 10, 2012, to record his statement concerning the alleged hakku pathra.
3. The Hon'ble Single Judge, by the order impugned, refused to entertain the challenge against the direction of the COD asking the writ petitioner to appear before them.
4. When this matter was taken up for hearing, Miss Niloufer Akbar, learned Additional Government Advocate, moves a Court hall memorandum, wherein it has been stated by the Deputy Superintendent of Police (Administration) Economic Offences Squad, COD, Bengaluru, that proceedings were initiated and notices were issued to all the 79 (Seventynine) persons, in whose favour the hakku pathras were issued and the appellant being one of them, was, also, served with the notice. Now, enquiry was conducted and final -3- report has been submitted to the government on August 14, 2013.
5. Miss Niloufer Akbar, learned Additional Government Advocate, accepts that no action has been taken by the government on the basis of the report, as of now.
6. In such view of the matter, we are of the opinion that the writ appeal has become infructuous due to subsequent events. But, we clarify that if any proceeding is initiated against the writ petitioner, he shall be free to challenge the same in accordance with law. We, however, express no opinion on the merits..
7. The writ appeal stands dismissed.
8. We make no order as to costs.
Sd/-
ACTING CHIEF JUSTICE Sd/-
JUDGE mv