Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 33566 (KAR)

EDUSPARK INTERNATIONAL PVT LTD v. STATE OF KARNATAKA

WP/52502/2019 · 2025-02-19

Jyoti Mulimani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:7367 WP No. 52502 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 52502 OF 2019 (GM-POLICE) BETWEEN: 1. EDUSPARK INTERNATIONAL PVT LTD., HAVING REGISTERED OFFICE AT MOTILAL NAGAR-1, SRIRANG SADBEMARG, OFF LINK ROAD, GOREGAON (W), MUMBAI MH-400 104. REPRESENTED BY ITS DIRECTOR, MR. PARESH BHATELIA. 2. PARESH BHATELIA S/O ARVINDBHAI BHATELIA, AGED ABOUT 50 YEARS, DIRECTOR OF EDUSPARK INTERNATIONAL PVT. LTD., HAVING REGISTERED OFFICE AT MOTILAL NAGAR-1, SRIRANG SADBEMARG, OFF LINK ROAD, GOREGAON (W), MUMBAI MH-400 104. RESIDENT OF NO.B/506, SHIVJI KALANI X ROAD, NO.3, KANDIVALI (WEST), MUMBAI-400 006. …PETITIONERS (BY SRI. UDAYA HOLLA., SENIOR ADVOCATE FOR SMT. ANUPARNA BORDOLOI., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOMES, VIKAS SOUDHA, Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7367 WP No. 52502 of 2019 DR. AMBEDKAR VEEDHI, BANGALORE-560 001. 2. DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT, F-BLOCK, 2ND FLOOR, KAVERI BHAVAN, K.G.ROAD, BANGALORE-560 009. 3. POLICE INSPECTOR, OFFICE OF THE DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT, F-BLOCK, 2ND FLOOR, KAVERI BHAVAN, K.G.ROAD, BANGALORE-560 009. 4. DR. P.SHANKAR RAO S/O LATE P.RAJAIAH, AGED ABOUT 77 YEARS, POLITICIAN, R/AT NO.1-7-574/23/A, GEMINI COLONY, MURSHIDABAD, YHDERABAD-500 020. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA FOR R1 TO 3; SRI. A.C.BALARAJ., ADVOCATE FOR SRI. N.PRAVEEN KUMAR., ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: - 3 - NC: 2025:KHC:7367 WP No. 52502 of 2019 ORAL ORDER Sri.Udaya Holla., Senior counsel on behalf of Smt.Anuparna Bordololi., for the petitioners, Sri.Mahantesh Shettar., AGA for respondents 1 to 3 and Sri.A.C.Balaraj., counsel on behalf of Sri.N.Praveen Kumar., counsel for respondent No.4 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the Notice at Annexure-A dated:22.11.2019 and the Notice at Annexure-B dated:25.11.2019 issued by the third respondent to the petitioners. 3. Counsel for the respective parties urged several contentions. Senior counsel Sri.Udaya Holla., in presenting his argument strenuously urged that the matter is squarely covered by the order passed by the Co-ordinate bench of this Court in A.N.Vasantha Madhava Rao V/s. State of Karnataka and others in (Writ Petition No.52846/2016) disposed of on 16.06.2023. Counsel therefore, submits that an appropriate order may be passed. - 4 - NC: 2025:KHC:7367 WP No. 52502 of 2019 Heard the arguments and perused the Writ papers with care. 4. Suffice it to note that the petitioner and the fourth respondent are agitating their civil rights before the Civil Court in O.S.No.427/2021 and the same is pending for consideration as of today. Needless to say, the Police Officers cannot interfere in the civil matters. Therefore, this Court deems it proper to quash the Notices. Counsel for petitioner has cited an order referred to supra, but I do not think that the law is in doubt. Each decision turns on its facts. The present case is also tested in light of the aforesaid order. 5. The Writ of Certiorari is ordered. The Notice dated:22.11.2019 vide Annexure-A and the Notice dated:25.11.2019 vide Annexure-B issued by the third respondent are quashed. 6. Resultantly, the Writ Petition is allowed. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 27