- 1 - HC-KAR CNR: KAHC010492962026 NC: 2026:KHC:41745 WP No. 22392 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.22392 OF 2026 (GM-POLICE) BETWEEN: ILIYAS S/O ABOUBAKKAR, AGED ABOUT 36 YEARS, RESIDING AT MASHA ALLAH, JANATHA COLONY, CHANDRANAGAR, PADOOR VILLAGE & POST, KAUP TALUK, UDUPI DISTRICT. …PETITIONER (BY SRI. ABDUL ANSAR P, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE SPECIAL EXECUTIVE MAGISTRATE & SUPERINTENDENT OF POLICE, UDUPI DISTRICT, UDUPI - 576 101. 3. THE POLICE SUB-INSPECTOR, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010492962026 NC: 2026:KHC:41745 WP No. 22392 of 2026 SHIRVA POLICE STATION, UDUPI DISTRICT - 574 116. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER BEARING NO. MAG SR UD-30/2026 DATED 24.06.2026 PASSED BY THE 2ND RESPONDENT UNDER SECTION 55 OF THE KARNATAKA POLICE ACT, 1963, PRODUCED AS ANNEXURE-B AND ETC. THIS PETITION, COMING ON FOR ORDERS, 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. Petitioner is before this Court seeking for the following reliefs: " a) Issue a writ of Certiorari or any other appropriate writ, order or direction quashing the Order bearing No. MAG SR UD-30/2026 dated 24.06.2026 passed by the 2nd Respondent under Section 55 of the Karnataka Police Act, 4 1963, produced as Annexure-B; b) Issue a writ of Mandamus or any other appropriate writ or direction directing the respondents not to give effect to or enforce the impugned externment order dated 24.06.2026 produced as Annexure-B. c) Grant such other writ, order or direction as this Hon'ble Court deems fit in the facts and circumstances of - 3 - HC-KAR CNR: KAHC010492962026 NC: 2026:KHC:41745 WP No. 22392 of 2026 the case, including costs of this writ petition, in the interest of justice and equity. " 3. What has been challenged is an order of externment under Section 55 of the Karnataka Police Act, 1963. The petitioner, who had been issued show cause notices, had entered appearance and was also heard before the impugned order came to be passed. Hence, there being no infirmity as regard to the exercise of the jurisdiction nor is there any violation of principles of natural justice. 4. The petitioner having a statutory appellate remedy under Section 59 of the Karnataka Police Act, 1963, this Court is not required to exercise its extraordinary power under Articles 226 and 227 of the Constitution of India. 5. Reserving liberty to the petitioner to avail of the appellate remedy under Section 59 of the Karnataka Police Act, 1963, the petition stands disposed, directing the respondents not to implement the impugned order, until the appeal filed by the petitioner is considered. - 4 - HC-KAR CNR: KAHC010492962026 NC: 2026:KHC:41745 WP No. 22392 of 2026 6. The submission of learned counsel for the petitioner that the appeal would be filed by 14.08.2026, is placed on record. 7. It is needless to say that, if the appeal is not filed by the end of the day on 14.08.2026, the interim order shall stand automatically vacated. Sd/- (SURAJ GOVINDARAJ) JUDGE PHM List No.: 1 Sl No.: 9