- 1 - HC-KAR NC: 2025:KHC-D:10796 WP No. 105812 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105812 OF 2025 (GM-POLICE) BETWEEN: SHRI TANVEER S/O. RIYAZ NIZAMI, AGE: 28 YEARS, OCC. BUSINESS, R/O. #4679, BHADAKAL GALLI, BELAGAVI-590001. …PETITIONER (BY SRI. SOURABH HEGDE, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER OF POLICE (LAW AND ORDER AND SPECIAL EXECUTIVE, MAGISTRATE BELAGAVI CITY, KALLEHOL CAMP, BELAGAVI-590016. 2. POLICE INSPECTOR MALMARUTHI POLICE STATION, BELAGAVI-590017. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO, A. MAY BE PLEASED TO QUASH THE IMPUGNED ORDER DATED. 01-08-2025 BEARING NO. PASSED BY RESPONDENT NO. 1 VIDE ANNEXURE-A IN THE INTEREST OF JUSTICE AND ETC., Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10796 WP No. 105812 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: A. May be pleased to quash the impugned order dated. 01-08-2025 bearing no. passed by Respondent no. 1 vide Annexure-A in the interest of justice. B. Any other Order/Writ/Direction as may be deemed necessary. 2. The petitioner being aggrieved by the externment order dated 01.08.2025 has challenged the same on the ground that petitioner had not been provided any opportunity of hearing, which has resulted in the impugned order. 3. Learned Additional Government Advocate., appearing for respondents-State has produced the order sheet - 3 - HC-KAR NC: 2025:KHC-D:10796 WP No. 105812 of 2025 maintained by the respondents, which indicates that the petitioner had appeared before the authorities on 23.07.2025 in pursuance of notice issued on 27.07.2025 and had also submitted his written objection on 27.07.2025 and it is thereafter that the aforesaid order has been passed. That being the case, the petitioner having been provided an adequate opportunity before the authorities, the petitioner's only remedy would be in terms of an appeal under Section 59 of the Karnataka Police Act, 1963. 4. Reserving such liberty, petition stands disposed of. 5. Respondents are directed to accept the said appeal and dispose of the same within a period of three weeks’ from the date of receipt of the appeal. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT:PA List No.: 1 Sl No.: 60