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2025 DAILYLAW 85700 (KAR)

SHRI RAMESH S/O BASAPPA HARIJAN v. THE STATE OF KARNATAKA

WP/104670/2025 · 2025-07-21

Pradeep Singh Yerur

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:9021 WP No. 104670 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 104670 OF 2025 (GM-POLICE) BETWEEN: SHRI RAMESH S/O. BASAPPA HARIJAN, AGE: 43 YEARS, OCC: COOLI/AGRICULTURE, R/O. AGADI, TQ: HUBBALLI, DIST: DHARWAD-580025. …PETITIONER (BY SRI. HEMANTHKUMAR L. HAVARAGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF HOME, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDI, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, DHARWAD, DIST: DHARWAD-580001. 3. THE ASSISTANT COMMISSIONER, DHARWAD, DIST: DHARWAD-580001. 4. THE SUPERINTENDENT OF POLICE, DHARWAD, DIST: DHARWAD-580001. 5. THE DEPUTY SUPERINTENDENT OF POLICE, DHARWAD, DIST: DHARWAD-580001. 6. THE CIRCLE INSPECTOR OF POLICE, HUBBALLI RURAL POLICE CIRCLE, HUBBALLI RURAL POLICE STATION-HUBBALLI, TQ: HUBBALLI AND DIST: DHARWAD-580020. VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:9021 WP No. 104670 of 2025 7. THE SUB-INSPECTOR OF POLICE, HUBBALLI RURAL POLICE STATION-HUBBALLI, TQ: HUBBALLI AND DIST: DHARWAD-580020. 8. THE TAHASHILDAR/EXECUTIVE MAGISTRATE, HUBBALLI RURAL TALUKA, DIST: DHARWAD-577501. …RESPONDENTS (BY SRI. S.V. MAGADUM, AGA) 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 TO QUASH THE IMPUGNED THE IMPUGNED NOTICE BEARING NO.M.A.G/C.R/14/2025-26/374 DATED 18.06.2025 ISSUED BY THE RESPONDENT NO.3 VIDE ANNEXURE-C REPORT BEARING NO.720/DCRB/5/2010/2025 DATED 11.05.2025 SUBMITTED BY THE 5TH RESPONDENT VIDE ANNEXURE B AND REPORT BEARING NO.PI/HUBBALLI GRA/GADIPARU/1026/2025 DATED 09.05.2025 SUBMITTED BY THE 6TH RESPONDENT VIDE ANNEXURE-A AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) Petitioner claims to be belongs to the ‘Madiga’ community, which belongs to the scheduled Castes under Article 341 of the Constitution of India. Several cases have been registered against the petitioner and rowdy sheet has been opened against him. 2. Respondent No.5 submitted a report to respondent No.3 and based on which, a notice has been issued against - 3 - HC-KAR NC: 2025:KHC-D:9021 WP No. 104670 of 2025 the petitioner for taking necessary action against the petitioner. Petitioner has not replied for the said notice. Petitioner is questioning the said notice issued by the 3rd respondent is before this Court. 3. The notice has been issued to the petitioner; it is the duty of petitioner to submit a reply to the same and place some materials showing as to why a rowdy sheet should not be opened against him. Petitioner having not replied to the same, has directly approached this Court against the issuance of notice. No fault can be found for issuance of notice against the petitioner by the respondents. 4. All the contentions of the petitioner could be addressed by the authorities, if he replies by making of representation to the concerned authorities submitting a representation to that effect. On such representation being submitted, the authorities/respondent would be liable to consider and pass suitable order in compliance to the - 4 - HC-KAR NC: 2025:KHC-D:9021 WP No. 104670 of 2025 guidelines issued by this Court in Writ Petition No.4504/2021 and connected matters disposed of on 22.04.2022 so also consider the law laid down by the Hon’ble Apex Court in the case of Deepak vs. State of Maharastra and Others, reported in 2022 SCC OnLine SC 99 and pass suitable orders. Accordingly, I pass the following : ORDER (i) Petition is disposed of. (ii) Petitioner is at liberty to make a representation to the respondent authorities as stated hereinabove. On such representation is filed, same shall be considered by the respondent authorities in accordance with guidelines issued by a co-ordinate bench of this Court mentioned hereinabove, and pass suitable orders including the law laid down by the Hon’ble Apex Court in the case of Deepak vs. - 5 - HC-KAR NC: 2025:KHC-D:9021 WP No. 104670 of 2025 State of Maharastra and Others, reported in 2022 SCC OnLine SC 99 within four weeks from the date of receipt of representation, if any given by the petitioner. Sd/- (PRADEEP SINGH YERUR) JUDGE CKK List No.: 1 Sl No.: 37