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2026 DAILYLAW 33346 (KAR)

SRI MUTTHESHA T P v. STATE OF KARNATAKA

WP/25154/2026 · 2026-08-13

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010553532026 NC: 2026:KHC:43276 WP No. 25154 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.25154 OF 2026 (GM-POLICE) BETWEEN: SRI. MUTTHESHA T.P., S/O PUTTASWAMY, AGED ABOUT 29 YEARS, R/AT TOPPANAHALLI VILLAGE, MADDURU TALUK - 563 129. …PETITIONER (BY SRI. KETHAN KUMAR., 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. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010553532026 NC: 2026:KHC:43276 WP No. 25154 of 2026 3. THE SUB-INSPECTOR OF POLICE, MADDURU POLICE STATION, MADDURU - 571 428. 4. THE ASSISTANT COMMISSIONER, MANDYA SUB-DIVISION, MANDYA - 571 401. …RESPONDENTS (BY SRI.PANINI A.H., AGA FOR STATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER ANNEXURE - A MADE IN M.A.G.05/2026-27 DATED 29.06.2026 ISSUED BY THE 4TH RESPONDENT/ASSISTANT COMMISSIONER AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR CNR: KAHC010553532026 NC: 2026:KHC:43276 WP No. 25154 of 2026 ORAL ORDER 1. Learned Additional Government Advocate is directed to accept notice for respondent Nos.1 to 4. 2. Petitioner is before this Court seeking for the following reliefs: (i) Issue a writ, writ in the nature of Certiorari by quashing the order Annexure 'A' made in M.A.G.05/2026-27 dated 29.06.2026 issued by the 4th respondent/ Assistant Commissioner. (ii) Grant such other relief or relief's as this Hon'ble Court may deem fit under the facts and circumstances of the case. 3. A perusal of the order sheet would indicate that on 26.05.2026, 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 - 4 - HC-KAR CNR: KAHC010553532026 NC: 2026:KHC:43276 WP No. 25154 of 2026 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 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 31.08.2026, - 5 - HC-KAR CNR: KAHC010553532026 NC: 2026:KHC:43276 WP No. 25154 of 2026 which shall be considered by respondent No.4. (iv) Opportunity of hearing shall be provided to the petitioner and thereafter, pass necessary orders in accordance with law. Sd/- (SURAJ GOVINDARAJ) JUDGE SMJ List No.: 1 Sl No.: 16