Disposed

Sri a D Anandaraj v. the Commissioner of Police

Karnataka HC12 Feb 2024WP/2317/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the show cause notice regarding the petitioner's explosives storage. The petitioner, seeking liberty to file an appeal under the Explosives Act, was granted the requested liberty, and the petition was disposed of without determining merits.

What did the court decide?

Liberty granted to file an appeal before the Appellate Authority under the Explosives Act; Petition disposed.

Sri a D Anandaraj Vs the Commissioner of Police — Writ and Judicial Review | Karnataka HC (2024)

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1 - NC: 2024:KHC:5787 WP No. 2317 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 2317 OF 2024 (GM-POLICE)

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BETWEEN:

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SRI. A.D. ANANDARAJ, S/O ESA DASS, AGED ABOUT 70 YEARS, R/AT NO. 10/14, 4/3-PARK ROAD END, JEEVANAHALLY COX TOWN, BENGALURU - 560 005, THE BUSINESS RUN IN THE NAME OF M/S. ANANDH ENTERPRISES.

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…PETITIONER

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(BY SRI. RAGHUNATH M.D., ADVOCATE)

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AND:

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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THE COMMISSIONER OF POLICE, BANGALORE, HAVING THEIR OFFICE AT NO.2, ALI ASKER ROAD, VASANTHNAGAR, BENGALURU - 560 051.

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THE DEPUTY COMMISSIONER OF POLICE, BANGALORE SOUTH EAST DIVISION, 19TH MAIN, 80 FEET ROAD, KORAMANGALA, 6TH BLOCK, BANGALORE - 560 095.

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DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, BALMATTA ROAD,

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NC: 2024:KHC:5787 WP No. 2317 of 2024

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HAMPANKATTA, MANGALORE - 575 001.

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THE COMMISSIONER, BBMP, NR SQUARE, BENGALURU - 560 002

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…RESPONDENTS

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(BY SRI. MANJUNATH K., HCGP FOR R1 AND R2; SRI. H. SHANTHI BHUSHAN, DSGI FOR R3; SRI. M.A. SUBRAMANI, ADVOCATE FOR R4)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE WRIT PETITION ON COSTS QUASH THE ORDER PASSED BY THE R1 DATED:08.12.2023 VIDE REF. NO. COPBCP/ MAG/ MAG (CRK)/5/2023 AT ANNEXURE - D IN SO FAR AS PETITIONER CONCERNED AND ETC.

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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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The petitioner is before this Court, seeking the following

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prayers:

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"a) Allow the Writ Petition on costs.

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b) Issue a Writ of Certiorari to quash the order passed by the Respondent No.1 dated 08.12.2023 vide Ref No. COPBCP/MAG/MAG(CRK)/5/2023 at 'ANNEXURE D' in So for as petitioner concern.

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c) Allow the Petitioner in continuing to conduct business at the Shop Premises."

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NC: 2024:KHC:5787 WP No. 2317 of 2024

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Heard Sri. Raghunath M.D., learned counsel

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appearing for the petitioner, Sri. Manjunath K., learned HCGP appearing for respondent Nos.1 and 2, Sri. H. Shanthi Bhushan, learned DSGI appearing for respondent No.3, Sri. M.A. Subramani, learned counsel appearing for respondent No.4 and have perused the material on record.

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This Court in identical circumstances of another

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enterprise, which was storing explosives, has passed the following order in W.P.No.28475/2023 disposed on 05.01.2024:

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"2. Noting the prayers of the petitioner, this Court directed the Directorate of Explosives, Union of India to cause an inspection of the property, as well as the State Government through its Fire Department to cause the same inspection.

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3. The product of the inspection is with that the space where the petitioner vends his business is attached to three residential houses and no road is available for any Fire Extinguishing vehicle to move in case of any mishap.

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4. In the light of the said report, the petitioner would seek leave of this Court to withdraw this writ petition and prefer an appeal in terms of the Act/Rules before the Appellate Authority.

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5. The liberty so sought is granted. All contentions urged before this Court shall remain open.

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6. The writ petition is disposed accordingly."

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NC: 2024:KHC:5787 WP No. 2317 of 2024

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Learned DSGI on causing of inspection pursuant to

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the order passed by this Court, has filed a report which depicts several lacuna in the place where the petitioner has stored explosives.

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In the light of the said report, the petitioner would seek leave of availing the remedy of filing an appeal in terms of the Explosives Act or Rules before the Appellate Authority.

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6. The liberty so sought is granted.

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With the aforesaid observations, the petition stands disposed.

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All contentions remain open.

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Sd/JUDGE

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SJK List No.: 1 Sl No.: 46 CT:SNN

Sri a D Anandaraj v. the Commissioner of Police

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Sri a D Anandaraj v. the Commissioner of Police

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