Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:33183 WP No. 19398 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 19398 OF 2026 (GM-POLICE)
BETWEEN:
SRI. JAMES. A, S/O LATE ARPUDASWAMY, AGED ABOUT 60 YEARS, RESIDING AT VADDARADODDI VILLAGE, MARTHALLI PANCHAYATH, HANUR TALUK, CHAMRAJNAGAR DISTRICT, KARNATAKA - 571 320.
…PETITIONER
(BY SRI. MANJUNATH V., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA, BY MINISTRY OF HOME AFFAIRS, VIDHANASOUDHA, BENGALURU.
2.
THE SPECIAL EXECUTIVE MAGISTRATE AND SUPERINTENDENT OF POLICE, CHAMARAJNAGAR POST, CHAMARAJANAGAR DISTRICT.
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:33183 WP No. 19398 of 2026
3.
THE INSPECTOR OF POLICE, RAMAPURA POLICE STATION, KOLLEGALA TALUK, CHAMARAJANAGAR DISTRICT.
4.
THE SUPERINTENDENT OF POLICE, KOLAR DISTRICT, KOLAR.
…RESPONDENTS
(BY SRI. C.H.DEVARAJ, AGA)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE IMPUGNED
ORDER DATED 25.05.2026 BEARING NO.CHANA/MAG/GADIPAR.U NO.08/2026 AT ANNEXURE - C ISSUED BY RESPONDENT NO.2 AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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:
"(a) issue a Writ of Certiorari or any other writ quashing the impugned order dated 25.05.2026 bearing
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HC-KAR NC: 2026:KHC:33183 WP No. 19398 of 2026
No.CHANA/MAG/GADIPAR.U No.08/2026 at Annexure - 'C' issued by respondent No.2. (b) Writ of mandamus directing the respondent No.4 not to act upon the impugned order passed by the respondent No.2 at
order bearing No.CHANA/MAG/GADIPARU.U NO.08/2026 vide Annexure - C dated 25.05.2026. (c) Grant such other and further reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case."
2. The petitioner is aggrieved by the order dated 25.05.2026 externing the petitioner.
3. The submission of the learned counsel for the petitioner is that though a show cause notice had been issued towards which the petitioner had replied, there is no hearing which had been provided in as much as on 25.05.2026, the matter had been taken up and an order was passed on that day itself.
4. A perusal of the order, though indicates that the petitioner was present on 25.05.2026, does not explicitly state as to whether hearing was offered and whether
arguments were heard on the part of the concerned parties.
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HC-KAR NC: 2026:KHC:33183 WP No. 19398 of 2026
5. In that view of the matter, I am of the considered opinion that the principles of natural justice have not been complied with, as such, this Court passes the following:
ORDER [I] The writ petition is allowed. [II] The impugned order dated 25.05.2026 passed by respondent No.2 bearing No.CHANA/MAG/GADIPARU.U NO.08/2026 vide Annexure - C, is hereby set aside. [III] The matter is remitted to respondent No.2 for fresh
consideration. [IV] Respondent No.2 shall provide an opportunity of hearing to the petitioner and pass necessary orders. [V] Since the order is passed in the presence of both the learned counsels, the petitioner shall appear before respondent No.2 without requirement of any further notice on 21.07.2026 at 2.30 p.m.
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HC-KAR NC: 2026:KHC:33183 WP No. 19398 of 2026
[VI] If the petitioner wishes to file any further objections/documents, he would be entitled to so on or before 21.07.2026.
[VII] It is made clear that no further filing of objections/documents would be entertained thereafter.
Sd/- (SURAJ GOVINDARAJ) JUDGE
SJK List No.: 1 Sl No.: 42