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2025 DAILYLAW 59267 (KAR)

SHAIKH SHAFI S/O. SHAIKH AHMED v. STATE OF KARNATAKA

WP/105114/2025 · 2025-08-14

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10276 WP No. 105114 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105114 OF 2025 (GM-RES) BETWEEN: SHAIKH SHAFI S/O. SHAIKH AHMED, AGE: 62 YEARS, OCC: ADVOCATE AND NOTARY, R/O: NO.42 (NOW NO.12), GLASS BAZAAR, NALAGADDA, BALLARI – 583 101. …PETITIONER (BY SRI. R. M. JAVED, ADVOCATE) AND: STATE OF KARNATAKA, REP. BY UNDER SECRETARY, DEPT. OF LAW, JUSTICE AND HUMAN RIGHTS (ADMIN-2) VIDHANA SOUDHA, BENGALURU – 560 001. …RESPONDENT (BY SRI. SHARAD V. MAGADUM, AGA FOR RESPONDENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH/SET-ASIDE THE ORDER PASSED BY THE RESPONDENT IN NO.LAW-LCL/118/2025 BENGALURU DATED 17/7/2025 (ANNEXURE-C) AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THERIEN AS UNDER: Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10276 WP No. 105114 of 2025 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 in the nature of certiorari and quash/set-aside the Order passed by the respondent in no.Law-LCL/118/2025 Bengaluru dt.17/7/2025 (Annexure-C) and B. Pass any other order/s as deemed fit under the facts and circumstances of the case in the interest of justice and equity. 2. What is challenged is the order dated 17.07.2025 at Annexure-C. A perusal of the said order, does not indicate any notice having been issued and or an opportunity of hearing being provided to the petitioner. In that view of the matter, the said order completely violates the principles of national justice. As such, I pass the following: ORDER i) Writ petition is allowed. - 3 - HC-KAR NC: 2025:KHC-D:10276 WP No. 105114 of 2025 ii) A certiorari is issued, the order dated 17.07.2025 passed by respondent at Annexure-C is set aside. iii) Liberty is reserved to the respondent to issue an appropriate notice to the petitioner and pass necessary orders after following the due procedure of law. Sd/- (SURAJ GOVINDARAJ) JUDGE AM/- CT-ASC List No.: 1 Sl No.: 39