- 1 - HC-KAR NC: 2025:KHC:43401 WP No. 31389 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 31389 OF 2025 (GM-POLICE) BETWEEN: SRI NANDEESH K C @ VOLLEYBALL NANDI, S/O CHOWDAPPA, AGED ABOUT 22 YEARS, PERMANENTLY R/AT BHOVI COLONY, 12TH WARD, KORTAGERE TOWN, TUMAKURU DISTRICT, KARNATAKA 572 129. …PETITIONER (BY SRI CHIDAMBHAR SWAROOP T.P, ADVOCATE) AND: 1. STATE OF KARNATAKA, REP. BY PRINCIPAL SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU-560 001. 2. ASSISTANT COMMISSIONER, MADHUGIRI SUB DIVISION, MADHUGIRI TALUK, TUMAKURU DISTRICT, KARNATAKA 572 132. 3. THE POLICE SUB INSPECTOR, KORTAGERE POLICE STATION, KORTAGERE TOWN, TUMAKURU DISTRICT, KARNATAKA -572 129. (ALL THE RESPONDENTS ARE REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001.) …RESPONDENTS (BY SMT. K.P YASHODHA, AGA FOR R-1 TO R-3) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43401 WP No. 31389 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 30.08.2025 PASSED BY THE R-2 AC, MADHUGIRI SUB-DIVISION, MADHUGIRI IN NO. M.A.J (GADIPARU) NO. 1/2025-26 UNDER SECTION 55 OF THE KARNATAKA POLICE ACT, 1963 AND EXTERNING THE PETITIONER FROM MADHUGIRI SUB DIVISION TO MOLAKALMURU TALUK, CHITHRADURGA DISTRICT FOR A PERIOD OF 6 MONTHS AS PER ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondents. 2. The petitioner is before this Court seeking for the following reliefs; a. "Issue a writ in the nature of certiorari by quashing the order dated 30.08.2025 passed by the 2nd respondent - Assistant Commissioner, Madhugiri Sub-Divisional, Madhugiri in No.M.A.J. (Gadiparu). No.1/2025-26 under section 55 of the Karnataka Police Act, 1963 and externing the petitioner from Madhugiri Sub Division to Molakalmuru Taluk, Chithradurga District for a period of six months as per Annexure - A in the interest of justice. b. Pass such other orders or further orders as this Hon'ble Court deems fit in the facts and circumstances of the above case in the interest of justice." 3. What has been challenged is the externment order passed against the petitioner. On enquiry, learned counsel for the petitioner submits that notice had - 3 - HC-KAR NC: 2025:KHC:43401 WP No. 31389 of 2025 been issued to the petitioner and the petitioner had submitted his objections, as also was heard before the order was passed. 4. If that be so, the principles of natural justice having been satisfied, the order having been passed by the authority which has jurisdiction, I am of the considered opinion that the petitioner would have to resort to the alternative efficacious remedy of any appeal available under Section 59 of the Karnataka police Act, 1963. 5. In that view of the matter, I pass the following; ORDER i. The writ petition is disposed of, granting liberty to the petitioner to approach the Appellate Authority under Section 59 of the Karnataka police Act, 1963 within a period of 10 days from today. ii. The time for filing of an appeal is extended by ten days for filing, until the filing of the appeal - 4 - HC-KAR NC: 2025:KHC:43401 WP No. 31389 of 2025 the operation of the impugned order shall remain stayed. The petitioner can always move an application for further extension of stay before the Appellate Authority which shall be considered on merit by the Appellate Authority. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 7