Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010473222026 NC: 2026:KHC:36867 WP No. 21439 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.21439 OF 2026 (GM-POLICE)
BETWEEN:
SRI.YOGESHA T.D.@ YOGARAJU, S/O DEVARAJU T.K, AGED ABOUT 31 YEARS, R/AT KOPPANAHALLI VILLAGE, MADDURU TALUK - 571 428.
AT PRESENT KOPPAL …PETITIONER (BY SRI. HAREESH BHANDARY T., ADVOCATE)
AND:
1.
STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOMES, VIDHANA SOUDHA, BENGALURU - 560 001.
2.
THE DEPUTY SUPERINTENDENT OF POLICE, MALAVALLI SUB-DIVISION, MALAVALLI - 571 430.
3.
THE SUB-INSPECTOR OF POLIC,E MADDURU POLICE STATION, MADDURU - 571 428.
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010473222026 NC: 2026:KHC:36867 WP No. 21439 of 2026
4.
THE ASSISTANT COMMISSIONER, MANDYA SUB-DIVISION, MANDYA - 571 401. …RESPONDENTS (BY SMT.SARITHA KULKARNI, AGA FOR R1 TO R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT, WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE
ORDER PASSED BY THE 4TH RESPONDENT/ASSISTANT COMMISSIONER DATED 29.06.2026, BEARING NO.M.A.G.04/2026-27 VIDE ANNEXURE - A 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. Learned AGA is directed to accept notice for respondent Nos.1 to 4.
2. Petitioner is before this Court seeking for the following reliefs:
“Wherefore, it is most respectfully prayed that this Hon’ble Court be pleased to: a. Issue a writ, writ in the nature of certiorari by quashing the
order passed by the 4th respondent/ Assistant Commissioner dated 29.06.2026, bearing No.M.A.G.04/2026-27 vide Annexure-A; b. call for records from the officer of 4th respondent/Assistant Commissioner in proceedings /order No.M.A.G.04/2026-27 vide Annexure-A;
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HC-KAR
CNR: KAHC010473222026 NC: 2026:KHC:36867 WP No. 21439 of 2026
c. grant such other relief or reliefs as this Hon’ble Court may deems fit under the facts and circumstances of the case.”
3. A perusal of the order sheet would indicate that on 25.05.2026, the petitioner appeared through his counsel and the matter was adjourned to
04.06.2026. On 04.06.2026, there being no sitting of respondent No.4, it was adjourned to 11.06.2026 and on 11.06.2026 noting that the petitioner was absent, the matter was posted for orders and the orders pronounced on 29.06.2026. There are no details available as to whether the petitioner had been informed of the adjournment to 11.06.2026 on account of the non-sitting of respondent No.4.
4. A further perusal of the order would indicate that the first hearing was held on 26.05.2026, which is a different date than that in the order sheet. As also, the final order externing the petitioner is stated to be for a period from 30.06.2026 to 30.11.2026 for a
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HC-KAR
CNR: KAHC010473222026 NC: 2026:KHC:36867 WP No. 21439 of 2026
period of one month. None of them inspire confidence. There being a violation of principles of natural justice, I am of the considered opinion that the order is not sustainable.
5. As such, this Court passes the following
ORDER (i) The writ petition is allowed. (ii) A certiorari is issued, the
order dated 29.06.2026 at Annexure-A is quashed. (iii) The matter is remitted to respondent No.4. The petitioner is permitted to file a statement of objections along with all documents that the petitioner may wish to rely upon by the end of day 31.07.2026, which shall be considered by respondent No.4.
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HC-KAR
CNR: KAHC010473222026 NC: 2026:KHC:36867 WP No. 21439 of 2026
(iv) Opportunity of hearing shall be provided to the petitioner and thereafter, pass necessary orders in accordance with law.
Sd/- (SURAJ GOVINDARAJ) JUDGE
PB List No.: 1 Sl No.: 18