Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC-D:1026 WP No. 109412 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.109412 OF 2025 (GM-RES) BETWEEN:
RAJU S/O. MADEV NAIK, AGE. 26 YEARS, OCC. PRIVATE WORK, R/O. CHANDRHITLA, MURDESHWAR-581320, TQ. BHATKAL, DIST. UTTAR KANNADA. …PETITIONER (BY SRI. D.J. NAIK, ADVOCATE)
AND:
1.
DEPUTY COMMISSIONER, UTTAR KANNADA, KARWAR-580001, DIST. UTTAR KANNADA.
2.
TAHASILDAR, BHATKAL, TQ. BHATKAL-581320, DIST. UTTAR KANNADA.
3.
POLICE SUB INSPECTOR, MURDESHWAR-581320, TQ. BHATKAL, DIST. UTTAR KANNADA. …RESPONDENTS
(BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO QUASH NOTICE DATED 30.10.2025 BEARING NO.EM.AG/VIVA/42/2025-26 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-A AND ETC.,.
Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC-D:1026 WP No. 109412 of 2025
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The present writ petition is filed seeking the following prayer:
“PRAYER
Wherefore, it is the petitioner most respectfully prays that, this Hon’ble Court kindly be pleased to issue writ of certiorari;
b)Quash notice dated 30.10.2025 bearing No.EM.AG/VIVA/42/2025-26 issued by the respondent No.2 vide Annexure-A.
c) Pass such other order as this Hon’ble court deems fit and proper under the facts and circumstances of the case to meet the ends of justice and equity.”
2. Learned counsel appearing for the petitioner submits that in an identical writ petition i.e., WP.No.109153/2025, a Co- ordinate Bench of this Court had passed the following order:
“1. The petitioner is before this Court seeking the following prayer: a. Quash notice dated 30.10.2025 bearing No.EM.AG/VIVA/42/2025-26 issued by the respondent No.2 vide Annexure-A. b. Pass such other order as this Hon’ble court deems fit and proper under the facts and circumstance of the case to meet the ends of justice and equity.
2. What is challenged is a notice issued on 30.10.2025 by the Tahsildar seeking to initiate
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HC-KAR NC: 2026:KHC-D:1026 WP No. 109412 of 2025
proceedings under Section 126 of the BNSS/Section 107 of the earlier regime, the Code of Criminal Procedure.
3. What is challenged is, only a notice. The contention is, that the notice is issued on the strength of an earlier bond that is rendered by the petitioner. Therefore, the petitioner is at liberty to submit his reply and the Tahasildar is directed to consider the same and pass necessary orders in accordance with law, bearing in mind the observations made in the course of the
order. if the reply is submitted within 2 weeks from the date of receipt of the copy of the order, the Tahasildar shall pass necessary orders within 4 weeks thereafter.
4. The petitioner is at liberty to avail of such remedy as available in law, in the event, the order goes against him. Ordered accordingly.”
3. Learned counsel submits that similar order may be passed in this writ petition.
4. In the light of the order passed in WP.No.109153/2025 dated 08.12.2025, this Court is passing the following:
ORDER i. The petitioner is at liberty to submit his reply and the Tahasildar is directed to consider the same and pass necessary orders in accordance with law, bearing in mind the observations made in the course of the order. If the reply is submitted within 2 weeks from the date of receipt of copy of the
order, the Tahasildar shall pass necessary orders within 4 weeks thereafter.
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HC-KAR NC: 2026:KHC-D:1026 WP No. 109412 of 2025
ii. Accordingly, the writ petition is disposed of. iii. All I.As. in this petition shall stand closed.
Sd/- JUSTICE LALITHA KANNEGANTI
MEG CT: UMD List No.: 1 Sl No.: 80