Venkatesh Vasander vs State of Karnataka and Others

A.S. Bopanna, J.—Learned Government Advocate to accept notice for respondent Nos. 1 to 3. He is permitted to file memo of appearance in four weeks. The petitioner is before this Court seeking for issue of mandamus to consider the representation dated 12.12.2013 seeking action against the respondents. The petitioner is also praying that the guidelines mentioned in the Circular dated 19.02.2008 be adhered to.

The petitioner is running a Jewellery shop in the name and style of "Vigneshwara Jewellery Works" in Dommasandra. The grievance of the petitioner is that though the petitioner is carrying on the business in accordance with law, the Circle Inspector and the third respondent are interfering with his business without following the requirement of the guidelines dated 19.02.2008. In that view, the petitioner is said to have made representation to respondent Nos. 1 and 2. Since the same has not received consideration at the hands of the respondents, the petitioner is before this Court.

I am of the opinion that insofar as the representation to the first respondent, the same would not arise for consideration at this juncture. However, insofar as the grievance made to the second respondent in the circumstance where the petitioner contends there has been certain violation of the guidelines by the subordinate officers, though no opinion could be expressed at this juncture with regard to the allegations made by the petitioner, the representation made by the petitioner certainly would require consideration by the higher authorities in the Police Department.

In that view, the second respondent or any other authority designated by the second respondent shall look into the representation filed by the petitioner and dispose of the same in accordance with law after taking note of the grievance put forth by the petitioner. To enable such consideration, the petitioner shall file one more copy of the representation in the Office of the second respondent within three weeks from the date of receipt of a copy of this order. The said representation may be looked into by the second respondent himself or by any other designated Police Officer and result of such consideration shall be made known to the petitioner.

In terms of the above, the petition stands disposed of.