- 1 - HC-KAR NC: 2026:KHC:30345 WP No. 17552 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 17552 OF 2026 (GM-POLICE) BETWEEN: 1. SIDDAMALLAPPA C N AGE ABOUT 45 YEARS S/O LATE NANJAPPA CHANNAMALLI PURA VILLAGE GUNDLUPET TALUK CHAMARAJANAGAR KARNATAKA - 571111 …PETITIONER (BY SRI. URMILA PULLAT.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOME, VIDHANA SOUDHA BENGALURU - 01 2. THE SPECIAL EXECUTIVE MAGISTRATE THE SUPERINTENDENT OF POLICE, CHAMARAJANAGAR – 571111 3. POLICE INSPECTOR, GUNDLUPET P S CHAMARAJANAGAR - 571111 …RESPONDENTS (BY SRI. C.H. DEVARAJ, GOVT. ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30345 WP No. 17552 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO; I. CALL FOR RECORDS; II. ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED EXTERNMENT ORDER NO. CHANA/MAG/EXTERNMENT/02/2026 DATED 12.05.2026 (ANNEXURE-A) PASSED BY THE RESPONDENT 2 – SPECIAL EXECUTIVE MAGISTRATE- SUPERINTENDED OF POLICE, CHAMARAJANAGAR; III. PASS ANY OTHER ORDERS AS IT MAY DEEM FIT IN THE INTERESTS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this court seeking for the following reliefs: i. Call for records. ii. Issue a writ f certiorari and quash the impugned externment order No. Chana/MAG/Externment/02/2026 dated 12.05.2026 (ANNEXURE-A) passed by the Respondent 2 – Special Executive Magistrate – Superintendent of Police, Chamarajanagar. iii. Pass any other orders as it may deem fit in the interests of justice and equity.” - 3 - HC-KAR NC: 2026:KHC:30345 WP No. 17552 of 2026 2. The submission of the learned counsel for the petitioner is that the impugned order of externment dated 12.05.2026 at Annexure - A has been passed without service of notice on the petitioner and without providing an opportunity to the petitioner of being heard in the said proceedings. 3. A perusal of the impugned order indicate that notice was sought to be served and that the petitioner however has not been served. It does not indicate that there is service which has happened either by way of post or otherwise. In that view of the matter, I am of the considered opinion that the principles of natural justice have not been complied. As such, I pass the following: ORDER i. The Writ petition is allowed. ii. A certiorari is issued. The impugned externment order No.Chana/MAG/ Externment /02/2026 dated 12.05.2026 (ANNEXURE-A) passed by the Respondent 2 - 4 - HC-KAR NC: 2026:KHC:30345 WP No. 17552 of 2026 – Special Executive Magistrate – Superintendent of Police, Chamarajanagar A is set aside. iii. The matter is remitted to respondent No. 2 for fresh consideration. iv. The petitioner is at liberty to submit objections, documents and its say before respondent No. 2 without requirement of any fresh notice, which shall be submitted on or before 30.06.2026. v. Once the submission is made by the petitioner, respondent No. 2 is directed to consider the same, accord an opportunity of hearing to the petitioner, and pass necessary orders within 15 days thereof. vi. A submission has been made by the learned counsel for the petitioner that immediately after the order was passed, before the - 5 - HC-KAR NC: 2026:KHC:30345 WP No. 17552 of 2026 appeal period got over, the petitioner had been removed. vii. The Director General of Police is directed to look into this aspect and issue appropriate direction to the officers so as to make the appeal remedy operative and not rendered otiose. Sd/- (SURAJ GOVINDARAJ) JUDGE BVK List No.: 1 Sl No.: 63