SRI. PARASHURAM S/O VENKAPPA BALLARY v. THE STATE OF KARNATAKA
WPHC/100027/2025 · 2025-11-06
B Muralidhara Pai, R Devdas
body2025
DailyLaw.ai
[ 2025 DAILYLAW 64342 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 64342 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:15153-DB WPHC No. 100027 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6TH DAY OF NOVEMBER 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI WPHC NO. 100027 OF 2025
BETWEEN:
SRI. PARASHURAM S/O. VENKAPPA BALLARY, AGE: ABOUT 62 YEARS, OCC: COOLIE, R/O. SHANTINIKETAN COLONY, HUBBALLI, DIST: DHARWAD-580020.
…PETITIONER (BY SRI. VISHWANATH S.BICHAGATTI, ADVOCATE FOR SRI. JAYAVANT KAMBALI, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, BY UNDER SECRETARY TO GOVERNMENT, (LAW AND ORDER), HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001.
2.
COMMISSIONER OF POLICE, AND ADDITIONAL DISTRICT MAGISTRATE, HUBBALLI-DHARWAD CITY-580025.
3.
DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, HUBBALLI-DHARWAD CITY-580025.
MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.06 15:52:05 +0530
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HC-KAR NC: 2025:KHC-D:15153-DB WPHC No. 100027 of 2025
4.
ASSISTANT COMMISSIONER OF POLICE, SOUTH DIVISION HUBBALLI-580024.
5.
POLICE INSPECTOR, BENDIGERI POLICE STATION, HUBBALLI-580028.
6.
SUPERINTENDENT OF POLICE, CENTRAL PRISON, BALLARY-583101.
…RESPONDENTS (BY SRI. P.N.HATTI, HCGP FOR R1 TO R6)
THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO DECLARE THAT THE IMPUGNED DETENTION ORDER DATED 03.06.2025 OF SRI. LAXMANNA URF GABYA S/O. PARASHURAM BALLARY, AGED 30 YEARS, BEARING NO.CP/MAG-2/HD/12/2025-26 AT ANNEXURE-G PASSED BY RESPONDENT NO.2 UNDER SECTION 3(1) OF THE KARNATAKA PREVENTION OF DANGEROUS ACTIVITIES OF BOOTLEGGERS, DRUG-OFFENDERS, GAMBLERS, GOONDAS, IMMORAL TRAFFIC OFFENDERS AND SLUM-GRABBERS ACT AND R/W SUB-SECTION 2 OF SECTION 3 AND ADVISORY BOARD CONFIRMATION ORDER NO.HD/296/SST/ 2025 DATED 11.06.2025 AT ANNEXURE-H, FOLLOWED BY THE GOVERNMENT ORDER NO.HD/296/SST/2025 DATED 18.07.2025 PASSED BY RESPONDENT NO.1 AT ANNEXURE-K AS ILLEGAL AND VOID ABINTIO AND QUASH THE SAME AND GRANT ALL CONSEQUENTIAL ORDERS AS ILLEGAL AND VOID ABINTIO AND ETC.
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HC-KAR NC: 2025:KHC-D:15153-DB WPHC No. 100027 of 2025
THIS WPHC COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE R.DEVDAS)
Learned counsel for the petitioner seeks leave of this court to amend the prayer and the classification of the petition by deleting the words “habeas corpus” and retaining the prayer so as to challenge the impugned order of detention in the nature of a writ of certiorari.
2. Accordingly, leave is granted to the petitioner to carry out the necessary amendments in the writ petition. The Office is directed to re-number the petition as Writ Petition (GM-RES) and place it before this court in accordance with the circular issued by the High Court of Karnataka dated 03.03.2014 in No.R(J) 4 of 2014.
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HC-KAR NC: 2025:KHC-D:15153-DB WPHC No. 100027 of 2025
3. For statistical purposes, WPHC stands disposed of accordingly. After effecting the requisite amendments, the petitioner shall file the amended version of the writ petition. At the request of the learned counsel for the petitioner, re-list this matter on 11.11.2025.
Sd/- (R.DEVDAS) JUDGE
Sd/- (B. MURALIDHARA PAI) JUDGE
MBS Ct:vh List No.: 1 Sl No.: 1