- 1 - HC-KAR NC: 2025:KHC-D:9278 WP No. 104965 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JULY 2025 BEFORE THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.104965 OF 2025 (GM-POLICE) BETWEEN: SMT. UMA W/O. SURESH ARAKERI, AGE: 39 YEARS, OCC: HOUSEHOLD, R/O: GIRANI CHAWL, KARWAR ROAD, HUBBALLI, DIST: DHARWAD. (WIFE OF EXTERNED PERSON SURESH S/O. RAJAPPA ARAKERI ) …PETITIONER (BY SRI. SATISH S. RAICHUR, SRI. ANAND D. BAGEWADI & SMT. SAHANA D.N., ADVOCATES) AND: 1. SPECIAL EXECUTIVE MAGISTRATE, OFFICE OF THE DEPUTY COMMISSIONER OF POLICE, HUBBALLI-DHARWAD – 580 001. 2. THE DISTRICT MAGISTRATE, OFFICE OF THE DEPUTY COMMISSIONER, DHARWAD – 580 001. 3. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME AFFAIRS VIDHANA SOUDHA, BENGALORE – 560 001. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE SECOND RESPONDENT TO DISPOSAL OF THE APPEAL FILED BY THE EXTERNED PERSON ON 19/06/2025 UNDER SECTION 59 OF THE KARNATAKA POLICE ACT, 1963. ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE, ORDER OR DIRECTION, QUASHING THE EXTERNMENT ORDER DATED 30/05/2025 PASSED BY THE FIRST RESPONDENT IN CHP/VIKAD/COP/HU-DH/GADIPAR/24/2025, VIDE ANNEXURE-B AND ETC., Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9278 WP No. 104965 of 2025 THIS WRIT 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. Issue a writ of Mandamus or any other appropriate writ, order or direction directing the second respondent to disposal of the appeal filed by the externed person on 19/06/2025 under section 59 of the Karnataka Police Act, 1963. B. Issue a writ of Certiorari or any other appropriate, order or direction, quashing the externment order dated 30/05/2025 passed by the first respondent in CHP/VIKAD/COP/Hu-DH/Gadipar/24/2025, Vide Annexure-B. C. Pass such other and further orders as may be deemed fit and proper in the interest of justice. 2. Learned AGA submits that the appeal has been filed by the petitioner before respondent No.2, who is not the competent Appellate Authority. 3. If the appeal is filed before the competent authority, the same would be considered and disposed of expeditiously. Reserving liberty to the petitioner to - 3 - HC-KAR NC: 2025:KHC-D:9278 WP No. 104965 of 2025 file an appeal before the appropriate authority, the petition stands disposed of. The petitioner would be entitled for the benefit of Section 14 of the Limitation Act as regards the time spent in prosecuting the above writ petition. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-ASC List No.: 1 Sl No.: 45