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2025 DAILYLAW 10743 (KAR)

MALLIKASAB v. DEPUTY COMMISSIONER

WP/201191/2025 · 2025-04-29

Chillakur Sumalatha

body2025

Judgment text

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- 1 - NC: 2025:KHC-K:2570 WP No. 201191 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.201191 OF 2025 (GM-RES) BETWEEN: MALLIKASAB S/O MOHAMMEDSAB, AGE: 40 YEARS, OCC: BUSINESS, R/O CHAMNAL, TQ: SHAHAPUR, DIST: YADGIRI – 585 309. …PETITIONER (BY SRI. AVINASH A. UPLAONKAR, ADVOCATE) AND: DEPUTY COMMISSIONER, YADGIRI, O/O DEPUTY COMMISSIONER, YADGIRI, DIST: YADGIRI – 586 101. …RESPONDENT (BY SRI. SHESHADRI JAISHANKAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO CONSIDER THE PETITIONER REPRESENTATION DATED 24.03.2025 (ANNEXURE-B) IN THE LIGHT OF APPROVAL BEING GIVEN BY THE POLICE DEPARTMENT DATED 09.03.2025 (ANNEXURE-A). Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2570 WP No. 201191 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER (PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri Avinash A. Uplaonkar, learned counsel for the writ petitioner as well as learned Additional Government Advocate, who represents the respondent. 2. This writ petition is filed, seeking writ of mandamus directing the respondent to consider the representation of the petitioner dated 24.03.2025. 3. Learned counsel for the writ petitioner submits that the petitioner applied for issuance of Revolver/Pistol for self defence. Concerned public authorities gave report to the Deputy Commissioner reporting no objection for granting the Revolver/Pistol. However, the respondent i.e., the Deputy Commissioner, Yadgiri did not pass any orders yet. The petitioner gave a representation to the - 3 - NC: 2025:KHC-K:2570 WP No. 201191 of 2025 respondent on 24.03.2025, requesting him to look into the issue. However, there is no response. Learned counsel states that the petitioner has got threat from his opponents and therefore, he requires the weapon. 4. Learned Additional Government Advocate failed to state any reason as to why the respondent did not respond to the representation of the petitioner. Whether granting or rejecting to grant the relief is at the discretion of the respondent. However, he cannot keep the applications pending for long time. Therefore, this Court is of the view that the writ petition is liable to be disposed of giving the required direction to the respondent. 5. Thus, the writ petition is disposed of with the following: ORDER i. The Deputy Commissioner is directed to consider the representation of the petitioner dated 24.03.2025 and give appropriate reply or pass appropriate orders in accordance with law - 4 - NC: 2025:KHC-K:2570 WP No. 201191 of 2025 within a period of two weeks from the date of receipt of certified copy of this order. ii. The decision taken be communicated to the petitioner. Sd/- (Dr.CHILLAKUR SUMALATHA) JUDGE LG List No.: 1 Sl No.: 16