Karnataka High Court
D N Bettegowda vs State Of Karnataka on 18 December, 2020
Author: P.B.Bajanthri
Bench: P.B. Bajanthri
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE P.B. BAJANTHRI
WRIT PETITION NOs.57364-367 OF 2015 (GM-POLICE)
BETWEEN:
1. D.N. BETTEGOWDA
S/O NINGEGOWDA (LATE)
AGED: 59 YRS, OCCUPATION: PRESIDENT,
BDA EMPLOYEES WELFARE ASSOCIATION (R)
BDA HEAD OFFICE PREMISES,
KUMAR PARK ROAD,
BENGALURU - 560 020.
2. M. MALLANNA
S/O MALLEGOWDA (LATE)
AGED:58 YRS, OCCUPATION: SECRETARY,
BDA EMPLOYEES WELFARE ASSOCIATION (R)
BDA HEAD OFFICE PREMISES,
KUMAR PARK ROAD,
BENGALURU - 560 020.
... PETITIONERS
(BY SMT. RASHMI JADHAR, ADVOCATE)
AND:
STATE OF KARNATAKA
BY DEPUTY SUPERINTENDENT OF POLICE,
B.M.T.F BENGALURU,
BBMP OFFICE BUILDING,
N.R. SQUARE,
BENGALURU - 560 002.
... RESPONDENT
(BY SRI. V. SREENIDHI, AGA)
2
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
RELEVANT RECORDS AND TO QUASH THE NOTICES ISSUED BY
THE RESPONDENT POLICE AS PER ANNEXURE-A DATED
25.11.2015, ANNEXURE-B DATED 04.12.2015, ANNEXURE-C
DATED 09.12.2015, ANNEXURE-D DATED 09.12.2015.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
In the instant petitions, petitioners have prayed for the following reliefs:-
"a) Call for the relevant records;
b) Issue a writ, order or direction in the nature of certiorari quashing the notices issued by the respondent police as per
i) Annexure-A (No.DYSP/BMTF/GL/138/2015 dated 25.11.2015)
ii) Annexure-B (No.DYSP/BMTF/GL/138/2015 dated 04.12.2015)
iii) Annexure-C (No.DYSP/BMTF/GL/138/2015 dated 09.12.2015)
iv) Annexure-D (No.DYSP/BMTF/GL/138/2015 dated 09.12.2015) 3
c) Pass such other order or orders as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity."
2. The petitioners are President and Secretary of BDA Employees' Welfare Association (Registered), Bangalore. The aforesaid association is stated to have commenced in the year 2001-2002. The object of constituting the association is to provide the residential sites to the members of the society. Pursuant to the representation made by the petitioners on behalf of association, the Government granted 45 acres of land to form the layout.
3. One Sri. Rampur Nagesh being non-member of the association requested for allotment of site, which was turned out by the petitioners' association resulting in making certain allegations against the petitioners' association, which has resulted in issuance of police notices at Annexures-A to D dated 25.11.2015, 04.12.2015, 09.12.2015 and 09.12.2015 respectively. 4
4. Feeling aggrieved and dissatisfied with the police notices issued by the respondent-police at Annexures-A to D, the petitioners have presented the present petitions.
5. One of the contention raised by the petitioners in the present petitions is that the Deputy Superintendent of Police, Bangalore Metropolitan Task Force (BMTF), Bengaluru has no jurisdiction to issue police notice to the petitioners. Having regard to the allegations made by the complainant, the jurisdictional police is the competent authority to take note of the complaint and not the Deputy Superintendent of Police, BMTF, Bengaluru.
6. Thus, petitioners have made out a case to interfere with the impugned police notices at Annexures-A to D. The author of Annexures-A to D has no jurisdiction to issue police notice to the petitioners. 5
Accordingly, the writ petitions are allowed. Police Notices at Annexures-A to D dated 25.11.2015, 04.12.2015, 09.12.2015 and 09.12.2015 respectively are set-aside.
Sd/-
JUDGE MBM