- 1 - HC-KAR NC: 2025:KHC-D:9562 WP No. 105268 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105268 OF 2025 (GM-POLICE) BETWEEN: SHRI JAVEED S/O. MUHAMMEDSAB SHAIK, AGE: 53 YEARS, OCC. BUSINESS, R/O. NORRANI GALLI, 1ST CROSS, NEAR GANDHI NAGAR, BELAGAVI-590016. …PETITIONER (BY SMT. SOURABH HEGDE, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER OF POLICE (LAW AND ORDER) AND SPECIAL EXECUTIVE MAGISTRATE, BELAGAVI CITY, KALLEHOL, CAMP, BELAGAVI-590016. 2. POLICE INSPECTOR, MALMARUTHI POLICE STATION, BELAGAVI-590017. …RESPONDENTS (BY SRI.SHARARD V. MAGADUM, AGA FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA. PRAYING TO A. ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 10.07.2025 BEARING NO. 17/COP/2025 EXECUTIVE MAGISTRATE BELAGAVI VIDE ANNEXURE-A IN THE INTEREST OF JUSTICE OR. B. ALTERNATIVELY STAY THE Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9562 WP No. 105268 of 2025 IMPUGNED ORDER 10.07.2025 BEARING NO. 17/COP/2025 EXECUTIVE MAGISTRATE BELAGAVI VIDE ANNEXURE-A TILL THE DISPOSAL OF THE APPEAL FILED U/SEC. 59 OF THE KP ACT VIDE ANNEXURE-B. C. ANY OTHER ORDER/WRIT/DIRECTION AS MAY BE DEEMED NECESSARY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned Additional Government Advocate accepts notice for respondents No. 1 and 2. 2. The petitioner is before this Court seeking for the following reliefs: A. Issue a writ of Certiorari to quash the impugned order dated 10.07.2025 bearing No. 17/COP/2025 Executive Magistrate Belagavi vide Annexure-A in the interest of justice or. B. Alternatively stay the impugned order 10.07.2025 bearing no. 17/COP/2025 Executive Magistrate Belagavi Vide Annexure-A till the disposal of the appeal filed U/Sec. 59 of the KP Act Vide Annexure-B. C. Any other Order/Writ/Direction as may be deemed necessary. - 3 - HC-KAR NC: 2025:KHC-D:9562 WP No. 105268 of 2025 3. The petitioner is before this Court challenging the order of externment passed by respondent No.1 dated 10.07.2025, as per Annexure–A, on the ground that the said order was passed without affording an opportunity of hearing to the petitioner. 4. It is submitted by the learned AGA that the petitioner has already filed an appeal before the Home Department on 24.07.2025, which is pending consideration. Learned AGA appearing for the respondents submits that the said appeal will be considered by the competent authority within one week. 5. In view of the above, and considering that the appeal is pending and yet to be decided, this Court is of the opinion that interim protection needs to be granted to safeguard the rights of the petitioner until such time the appeal is disposed of. 6. In view of the above, I pass the following order: - 4 - HC-KAR NC: 2025:KHC-D:9562 WP No. 105268 of 2025 ORDER i. The writ petition is partly allowed. ii. The respondents are directed to consider and dispose of the appeal dated 24.07.2025 filed by the petitioner before the Home Department, as expeditiously as possible, preferably within seven days from the date of receipt of a copy of this order, by affording the petitioner an opportunity of hearing and permitting the petitioner to submit all relevant documents. iii. Until such disposal, the operation, execution, and further proceedings pursuant to the impugned order dated 10.07.2025 (Annexure–A) passed by respondent No. 1 shall remain stayed. SD/- (SURAJ GOVINDARAJ) JUDGE VB/CT:PA/LIST NO.: 1 SL NO.: 100