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NC: 2024:KHC-D:7247
WP No. 102035 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
ST
DATED THIS THE 31 DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 102035 OF 2024 (GM-RES)
BETWEEN:
SHRI RAJENDRA S/O. MALAGOUD PATIL,
AGE: 62 YEARS,
OCC: AGRICULTURE AND CHAIRMAN SANGAM SUGARS,
R/O. 141, HARAGAPURGAD,
TQ: HUKKERI, DIST: BELAGAVI,
PIN – 590001.
…PETITIONER
(BY SRI. NITIN R. BOLABANDI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS CHIEF SECRETARY TO
GOVERNMENT OF KARNATAKA,VIDHANA SOUDHA,
BANGALORE-560 001.
2. DEPUTY COMMISSIONER
AND DISTRICT MAGISTRATE,
BELAGAVI – 590001.
YASHAVANT
NARAYANKAR
3. THE CHIEF ELECTORAL OFFICER
Digitally signed by
YASHAVANT
NARAYANKAR FOR THE STATE OF KARNATAKA,
Location: HIGH
COURT OF
KARNATAKA,
SHESHADRI ROAD,
DHARWAD BENCH
BANGALORE - 560001.
4. ELECTION COMMISSION OF INDIA,
NIRVACHAN SADAN, ASHOKA ROAD,
NEW DELHI-100001, REP. BY CEO.
…RESPONDENTS
(BY SRI. V.S. KALASURMATH, HCGP FOR R1-R3;
SRI. MRUTHUNJAYA S. HALLIKERI, ADV. FOR R4)
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NC: 2024:KHC-D:7247
WP No. 102035 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI QUASHING THE IMPUGNED ORDER DATED 16/3/2024
VIDE NO. DC/MP/ELN/ARMS/CR-01/2023-24 ANNEXURE-B PASSED
BY THE RESPONDENT NO.2 IN SO FAR AS THE PETITIONER IS
CONCERNED; ISSUE A WRIT OF MANDAMUS OR DIRECTION TO THE
RESPONDENTS TO ALLOW THE PETITIONER TO SUBMIT A
REPRESENTATION/APPLICATION FOR TO SEEK EXEMPTION TO
DEPOSIT THE FIRE ARM BEFORE THE SCREENING COMMITTEE
CONSTITUTED.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The caption petition is filed assailing the action of 2nd
respondent-Deputy Commissioner, Belagavi, calling upon the
licensed firearms holders to deposit the arms in ensuing
elections scheduled on 06.6.2024. Pursuant to the order
nd
passed by 2 respondent, the petitioner was compelled to
deposit the firearms on account of ensuing Lok Sabha elections.
2. This court has exhaustively dealt with the issue
relating to role of screening committee and Deputy
Commissioner, issuing blanket orders calling upon the license
holders to deposit firearms contrary to the guidelines issued by
the Election Commission of India. Certain guidelines were
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NC: 2024:KHC-D:7247
WP No. 102035 of 2024
issued by this Court in the reported judgment rendered in batch
of petitions bearing W.P No.9932/2024 and others.
3. In the light of the judgment rendered by this court,
nd
the impugned order passed by the 2 respondent, calling upon
the petitioner to deposit firearms, is not sustainable.
4. For the foregoing reasons, this Court proceeds to pass
the following:
ORDER
allowed.
1. Writ Petition is
nd
2. The 2 respondent is hereby directed to
forthwith release the firearms to the
petitioner.
3. This exercise shall be completed within a
period of two weeks from the date of receipt
of certified copy of this order.
Sd/-
JUDGE
PMP
List No.: 1 Sl No.: 4