- 1 - HC-KAR NC: 2025:KHC-D:9463 WP No. 104412 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.104412 OF 2025 (GM-POLICE) BETWEEN: GANESH S/O. VASARAPPA GOLLAR, AGE: 29 YEARS, OCC: BUSINESS, R/O: 4TH CROSS, GOLLARA COLONY, DHARWAD, TQ & DIST: DHARWAD. …PETITIONER (BY SRI. ARUN L. NEELOPANT, SMT. KAVITA JADHAV & SRI. N.B.JODALLI, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY THE DEPUTY COMMISSIONER OF POLICE (LAW AND ORDER), AND SPECIAL EXECUTIVE MAGISTRATE, HUBBALLI DHARWAD, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENCH, DHARWAD – 583 101. 2. THE POLICE INSPECTOR, DHARWAD TOWN POLICE STATION, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENCH, DHARWAD – 583 101. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR DIRECTION OR ORDER IN THE NATURE OF WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 21-05-2025 UNDER NO. CHP/ VIKADA/COP/HU-DHA/GADIPARU/42/2025 FOR EXTERNMENT OF PETITIONER FROM THE DHARWAD POLICE COMMISSIONERATE JURISDICTION TO BHALKI POLICE STATION JURISDICTION IN BIDAR DISTRICT FOR A PERIOD OF 6 MONTHS FROM 21-05-2025 TO 20-11- 2025, AS PER ANNEXURE-A, IN THE INTEREST OF JUSTICE AND ETC., GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Date: 2025.08.01 15:11:38 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9463 WP No. 104412 of 2025 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THERIEN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: I. Issue a writ or direction or order in the nature of WRIT OF CERTIORARI to quash the impugned order dated 21-05-2025 under No.CHP/ViKaDa/COP/ Hu-Dha/Gadiparu/42/2025 for externment of petitioner from the Dharwad Police Commissionerate jurisdiction to Bhalki police station jurisdiction in Bidar District for a period of 6 months from 21-05- 2025 to 20-11-2025, as per Annexure-A, in the interest of justice. II. Grant any other relief as deems fit by this Hon’ble Court in the circumstances of case in the interest of justice and equity. 2. The short grievance of the petitioner is that, the externment order, insofar as the petitioner is concerned, has been passed without providing an opportunity of hearing to the petitioner, and thus, there is a violation of Section 58(1) of the Karnataka Police Act, 1963. 3. A perusal of the records does not indicate sufficient time being granted to the petitioner to reply to the notice and for the petitioner to be heard in relation thereto, since - 3 - HC-KAR NC: 2025:KHC-D:9463 WP No. 104412 of 2025 the date fixed in the notice is the same date on which the externment order has been passed, without providing sufficient opportunity to the petitioner to reply to the grounds raised. 4. In that view of the matter, I pass the following: ORDER i. Writ petition is partly allowed. ii. A writ of certiorari is issued, the impugned order dated 21.05.2025 at Annexure-A, is quashed. iii. The matter is remitted to respondent No.1 for fresh consideration, by permitting the petitioner to submit his written reply to the show cause notice dated 15.05.2025 and 16.05.2025. iv. The petitioner shall submit the said reply within one week from today. SD/- (SURAJ GOVINDARAJ) JUDGE gab CT-ASC List No.: 1 Sl No.: 48