- 1 - HC-KAR NC: 2025:KHC-D:17500 WP No. 103047 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 103047 OF 2023 (GM-POLICE) BETWEEN: GULAB S/O. RAHEMANASAB PIRAJADE AGE: 30 YEARS, OCC: MECHANIC, R/O. GARAG, DHARWAD. …PETITIONER (BY SRI. A. M. MALIPATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HOME, VIDHAN SOUDHA, DR. B. R. AMBEDKAR VEEDHI, BENGALURU 2. THE DEPUTY COMMISSIONER DHARWAD DIST. DHARWAD-580 001. 3. THE ASSISTANT COMMISSIONER DHARWAD, DIST. DHARWAD-580 001 4. THE SUPERINTENDANT OF POLICE, DHARWAD, DIST. DHARWAD-580 001. 5. THE DEPUTY SUPERINTENDANT OF POLICE DHARWAD, DIST. DHARWAD-580 001. 6. THE CIRCLE INSPECTOR OF POLICE, GARAG POLICE STATION, GARAG, TQ. AND DIST. DHARWAD-581 105. 7. THE SUB-INSPECTOR OF POLICE GARAGE POLICE STATION, GARAG, TQ. AND DIST. DHARWAD …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.12.11 16:18:09 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17500 WP No. 103047 of 2023 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 QUASHING THE IMPUGNED EXTERNMENT ORDER NO.NUM/MAG/VAHEE/12/2023-24 BY EXTERNING THE PETITIONER FROM GARAG VILLAGE TO UDUPI TALUK FROM 07-05-2023 TO 07-11-2023 DATED 06-05-2023 PASSED BY RESPONDENT NO. 3 PRODUCED AT ANNEXURE-D, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: a. “Issue a writ in the nature of certiorari quashing the Impugned Externment Order No.Num/Mag/VaHee/12/2023-24 by externing the Petitioner from Garag village to Udupi taluk from 07-05- 2023 to 07-11-2023 dated 06-05-2023 passed by Respondent No.3 produced at Annexure-D, in the interest of justice and equity. b. Pass any such order/orders as this Hon’ble Court may deems fit in the circumstances of the case in the interest of justice and equity.” 2. The petitioner challenges the inclusion of his name in the list of rowdies maintained by the 7th respondent Police Station. He is said to have submitted a representation to the respondents seeking deletion of his name from the said list. In light of the acquittal in most of the cases registered against him, - 3 - HC-KAR NC: 2025:KHC-D:17500 WP No. 103047 of 2023 except one, and in identical circumstances, this Court has passed the following orders in the past. 3. Learned A.G.A. submits that the petitioner’s representation would be considered in accordance with law and appropriate orders would be passed thereon. In view of the said submission, I deem it appropriate to dispose of the subject petition by directing respondent No.3 to consider the petitioner’s representation seeking deletion of his name from the list of rowdies, bearing in mind the observations made by the Co- ordinate Bench in B.S. Prakash v. State of Karnataka and Others, W.P. No. 4504 of 2021, disposed of on 22.04.2022. The guidelines laid down in the said order are extracted as follows: “GUIDELINES FOR ROWDY/HISTORY SHEETING: i. Before entering the name of an individual to the Register of Rowdies, the jurisdictional police shall collect and collate the material information concerning him and frame the proposal for registration on that basis. ii. A brief proposal notice shall be sent to the individual concerned in a sealed cover with an option to submit his representation within two weeks as to why his name should not be registered as a rowdy. However, there is no need to afford a personal hearing. In exceptional cases notice may be dispensed with for reasons to be recorded in the Register of Rowdies. iii. In terms of Clause (5), Order 1059 of the Manual, - 4 - HC-KAR NC: 2025:KHC-D:17500 WP No. 103047 of 2023 the Superintendent of Police or the Sub – Divisional Police Officer shall not accord approval for entering the name of individual concerned to the Register of Rowdies without calling for records and objectively considering the same. He shall briefly record his reasons for according the approval and mark a copy thereof to the individual forthwith, with a mention that he may petition the Police Complaints Authority, against the same. iv. The jurisdictional Police shall compulsorily once in two years, undertake a periodic review of entries in the Register of Rowdies suo motu, as provided under Clause (2), Order 1057 of the Manual. However, it is open to the aggrieved, to make a representation at any time after one year of registration, seeking deletion of name from the Rowdy Register on the basis of changed circumstances such as rectitude, good conduct, social/community service, etc. v. The representation for review shall be considered by the jurisdictional Police at the initial level within a period of 30 days, during which necessary inputs may be obtained through the available sources as to merits of the claim. The recommendation shall be sent to the jurisdictional Superintendent of Police or the Sub – Divisional Police Officer, within 15 days along with the representation & the material collected thereon. Such recommendation along with the result of consideration of the representation shall be communicated to the individual concerned within next 15 days. vi. Any individual aggrieved by the rejection of his representation or continuation of his name in the Register may petition to the Police Complaints Authority ordinarily within 30 days. However, no personal hearing shall avail. The petition shall be disposed off by recording reasons within an outer limit of 60 days, after considering the material on record or the fresh inputs that may be requisitioned, by the authority. vii. The entire process of Rowdy/History Sheeting from - 5 - HC-KAR NC: 2025:KHC-D:17500 WP No. 103047 of 2023 the stage of issuance of proposal notice as specified above, up to the issuance of the orders on the petition if any to the Police Complaints Authority, shall be done only in a sealed cover procedure and that nothing therein shall be disclosed nor made available to anyone, except to the aggrieved, nor any Right To Information (RTI) application shall be entertained in this regard. viii. The violation of these guidelines shall constitute a major misconduct and an adverse entry on proof thereof shall be made by the Disciplinary Authority in the Service Register of the erring official after hearing him and a copy thereof shall be marked to the victim of Rowdy Register/History Sheet, without brooking any delay. ix. Whatever guidelines herein above laid down shall be applicable to the case of History Sheeters as well, mutatis mutandis and subject to the provisions of Karnataka Police Manual, 1965.” 4. In the light of the said submission, I deem it appropriate to dispose the subject petition directing consideration of the representation of the petitioner strictly in consonance with the observations made by the Co-ordinate Bench in the judgment quoted (supra), within four weeks from the date of receipt of the copy of this order, if not earlier. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE AC CT:ANB List No.: 2 Sl No.: 33