- 1 - HC-KAR CNR: KAHC010544332026 NC: 2026:KHC:41895 WP No. 24445 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 24445 OF 2026 (GM-POLICE) BETWEEN: SRI. NARASIMHA @ NARASIMHAMURTHY S/O VENKATASWAMY, AGED ABOUT 41 YEARS, R/AT ALAMBAGIRI VILLAGE, SRINIVASAPURA TALUK, PRESENTLY R/AT RAMAKRISHNA LAYOUT SRINIVASAPURA TALUK KOLAR DISTRICT - 563 101. …PETITIONER (BY SRI. SHIVASHANKAR K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF HOME VIDHANASOUDHA BENGALURU - 560 001. 2. THE SUPERINTENDENT OF POLICE AND SPECIAL EXECUTIVE MAGISTRATE KOLAR DISTRICT - 560 001. 3. THE POLICE INSPECTOR SRINIVASAPURA POLICE STATION Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010544332026 NC: 2026:KHC:41895 WP No. 24445 of 2026 SRINIVASAPURA TALUK KOLAR DISTRICT - 56 101. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE RESPONDENT NO.2 IN NO. GADIPARU/MAG/09/2026 DATED 10.07.2026 BY ALLOWING THIS PETITION 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 Addl. Government Advocate accepts notice for respondents. 2. The petitioner before this Court seeking for the following reliefs: “ i) To Issue writ in nature of certiorari to quash the Order passe by the Respondent No.2 in No.GADIPARU/MAG/09/2026 dated 10.07.2026 by allowing this Petition; ii) Grant such other relief as this Hon’ble Court deems fit in the facts and circumstances of the case, in the interest of justice.” - 3 - HC-KAR CNR: KAHC010544332026 NC: 2026:KHC:41895 WP No. 24445 of 2026 3. The grievance of the petitioner is that without serving a notice on the petitioner, the Executive Magistrate has passed the order of externment, thereby not complying with the principles of natural justice. 4. The issue in the above matter is relating to service of summons, learned Additional Government Advocate contending that summons has already been issued, whereas learned counsel for the petitioner contending that summons have not been served., now that the E- summons are being issued and necessary arrangements have been done with the Police IT for such geo-fenced service of E-summons, the Principal Secretary, Home Department, is directed to look into this matter and direct the concerned authorities to issue E-summons, wherever summons are required to be issued, with a report of such service being available and uploaded both on the server and in the IT system of the Police Department. 5. A perusal of the impugned order though indicates that notice had been issued, there is nothing to indicate the service of the notice nor any acknowledgment is placed - 4 - HC-KAR CNR: KAHC010544332026 NC: 2026:KHC:41895 WP No. 24445 of 2026 on record. In that view of the matter, this Court being of the considered opinion that without there being proof of service, it cannot be held that notice has been served on the petitioner requiring the impugned order to be set-aside. 6. In view of the above, this Court pass the following: ORDER i. The writ petition is allowed. A certiorari issued. The impugned order dated 10.07.2026 passed by respondent No.2 in No.GADIPARU/MAG/09/2026 at Annexure-A is set-aside. ii. The matter is remitted to respondent No.2. The petitioner to appear before respondent No.2 without requirement of any notice on 19.08.2026 at 2.30 p.m., submit his written objections and address oral arguments. - 5 - HC-KAR CNR: KAHC010544332026 NC: 2026:KHC:41895 WP No. 24445 of 2026 iii. Respondent No.2 is directed to dispose of the said proceedings within a period of 30 days from the date of the written objections are filed. 7. Though the above petition is disposed, re-list this matter on 28.10.2026 for reporting compliance. Sd/- (SURAJ GOVINDARAJ) JUDGE PHM List No.: 1 Sl No.: 31