Disposed

Subramani Urf Mani S/O. Nagabushan v. the State of Karnataka

Karnataka HC16 May 2023WP/103176/2023

Case brief

AI extract

What is this about?

Petitioner filed a writ petition for quashing an order of externment. The single judge, after hearing counsel and examining the record and distinguishing a recent coordinate bench judgment, found the petitioner had suffered the order and had an efficacious remedy of appeal. The court deemed it fit to relegate the petitioner to approach the appellate authority and disposed of the petition reserving

What did the court decide?

The petitioner was directed to approach the appellate authority; the writ petition was disposed of with liberty reserved.

Subramani Urf Mani S/O. Nagabushan Vs the… — Civil Procedure and Limitation | Karnataka HC (2023)

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WP No. 103176 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 16^TH DAY OF MAY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO. 103176 OF 2023 (GM-POLICE)

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BETWEEN:

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SUBRAMANI @ MANI S/O NAGABUSHAN, AGE ABOUT 38 YEARS, OCC: MASON, R/O: BASAVANAKUNTI, DISTRICT BALLARI-583 101.

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…PETITIONER

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(BY SRI. SRINIVAS B. NAIK, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF HOME, VIDHAN SOUDHA, BENGALURU-560 001.

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CHANDRASHEKARLAXMANKATTIMANI Digitally signed byCHANDRASHEKARLAXMANKATTIMANILocation:DHARWADDate: 2023.05.1817:47:58 -0700

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THE DEPUTY COMMISSIONER BALLARI AND DISTRICT MAGISTRATE, BALLARI-5831 101.

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THE CIRCLE INSPECTOR KOWL BAZAR POLICE STATION, BALLARI-583 101.

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…RESPONDENTS

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(BY SRI. PRASHANT V. MOGALI, HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

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WP No. 103176 of 2023

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ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRITE WRIT AND QUASH IMPUGNED ORDER DATED 09.03.2023 ORDER NO.PRAKARANA/SUM/KAM/M.A.G/ GADIPARU/150/2022-23 PASSED BY 2^ND RESPONDENT (DEPUTY COMMSSIONER AND DIVISIONAL MAGISTRATE BALLARI), VIDE ANNEXURE -C IN THE ENDS OF JUSTICE AND EQUITY.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard the learned counsel for the petitioner and learned HCGP for the respondents.

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Learned HCGP brought to the notice of this Court that the impugned order dated 09.03.2023 and the same is executed and petitioner has suffered an order of externment. Therefore, the ratio laid down by the co-ordinate bench of this Court in the case of Manjunath V/s Assistant Commissioner and Sub-Divisional Magistrate and others in W.P.No.101922/2023

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dated 24.03.2023 has no application to the present case on hand.

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On examining the record, this Court wound find

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that the petitioner has belatedly approached the writ Court

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WP No. 103176 of 2023

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while he has already suffered order of externment. But however I would find some force in the submission made by the learned counsel for the petitioner. The question that requires consideration is as to whether the present case on hand deserve an order of externment and there are materials to substantiate the order of externment by the competent authority. Since the petitioner has efficacious remedy of an appeal, I deem it fit to relegate the petitioner to approach the appellate authority.

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In the event the petitioner prefers an appeal before the competent authority, it is incumbent on the part of the authority to examine the records and pass appropriate orders in accordance with law in the event of an application is filed seeking interim order.

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Reserving liberty to the petitioner, the writ

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petition stands disposed of.

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Sd/JUDGE

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CLK

Subramani Urf Mani S/O. Nagabushan v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Subramani Urf Mani S/O. Nagabushan v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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