Sri Nagesha S P vs The State Of Karnataka on 13 June, 2019

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Karnataka High Court

Sri Nagesha S P vs The State Of Karnataka on 13 June, 2019

Bench: Alok Aradhe

                             1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 13TH DAY OF JUNE 2019

                          BEFORE
         THE HON'BLE MR. JUSTICE ALOK ARADHE

        WRIT PETITION NO.22417 OF 2019 (GM-CC)

BETWEEN:

SRI. NAGESHA S P
S/O S.M. PRABHAKARA HEBBAR
AGED 50 YEARS
R/A A-209, MAHAVEER SANCTUM
7TH CROSS, LB SHASTRY NAGAR
BANGALORE 560 070
PRESENTLY WORKING AS SCIENTIST "F"
LRDE DIVISION RD 3 DRDO
C.V. RAMAN NAGAR, BANGALORE 560 093.
                                              ... PETITIONER
(BY MR. KESHAVA BHAT A, ADV.)

AND:

1.      THE STATE OF KARNATAKA
        REP. BY ITS SECRETARY TO GOVERNMENT
        SOCIAL WELFARE DEPARTMENT
        VIKAS SOUDHA
        DR. B.R. AMBEDKAR VEEDHI
        BANGALORE 560 001.

2.      THE DEPUTY SUPERINTENDENT OF POLICE
        CRE CELL, BANGALORE CENTER
        F-BLOCK, 2ND FLOOR, KHB, CAUVERY BHAVAN
        K.G. ROAD, BANGALORE 560 009.

3.   THE ADDITIONAL DIRECTOR GENERAL OF POLICE
     CRE CELL, BANGALORE CENTER
     F-BLOCK, 2ND FLOOR, KHB, CAUVERY BHAVAN
     K.G. ROAD, BANGALORE 560 009.
                                          ... RESPONDENTS
(BY MR. C. JAGADISH, SPECIAL COUNSEL)
                                   2



                              ---

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE
ENTIRE RECORDS AND ALSO THE RECORDS FROM THE FILE OF
THE R-2 AND ON PERSUAL OF THE SAME. SET ASIDE THE
IMPUGNED NOTICE DATED 27.02.2019, VIDE ANNX-H AND ALSO
NOTICE DATED 19.03.2019 VIDE ANNX-J AND ETC.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:-


                             ORDER

Mr.Keshava Bhat A, learned counsel for the petitioner.

Mr.C.Jagadish, learned Special counsel for the respondent.

The writ petition is admitted for hearing. With consent of the parties, the same is heard finally.

2. In this petition, the petitioner has prayed for the following relief:

(a) Issue a writ of certiorari or any other appropriate writ, order or direction setting aside the impugned 3 notice dated 27.02.2019 in No.JaVi/04/SP/Na Ha Ja Ni/BC/2019, vide Annexure-H and also notice dated 19.03.2019 in No.C.V/04SP/DCRE/BC/2019 vide Annexure-J.

3. When the matter was taken up today, learned counsel for the parties jointly submitted that the controversy involved in this petition is squarely covered by a decision rendered by a Bench of this Court in W.P.No.25089/2015 dated 09.07.2015. For the reasons assigned therein, Annexures-H & J are quashed.

Accordingly, the petition is allowed insofar as it pertains to the land held by the petitioner.

Sd/-

JUDGE SS

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