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W.P.No.47843/2018
- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF DECEMBER, 2018
PRESENT
HON’BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE
AND
HON’BLE MRS.JUSTICE S.SUJATHA
WRIT PETITION NO.47843 OF 2018 (GM-RES) PIL
BETWEEN:
SRI P. SUNIL KUMAR S/O P. PONNUSWAMY AGED ABOUT 30 YEARS NO.179, SEENAPPA BUILDING, 1ST FLOOR, 14TH ‘A’ CROSS, YELLAMMA TEMPLE STREET, NAGAVARA PALYA, C V RAMAN NAGAR POST, BANGALORE - 560093 ... PETITIONER (BY SRI GOVINDARAJ. K, ADVOCATE)
AND:
THE COMMISSIONER INCOME TAX DEPARTMENT 59, HMT BHAVAN, 3RD FLOOR BALLARI ROAD, DENA BANK COLONY GANGANAGAR, BANGALORE KARNATAKA-560032
ENFORCEMENT DIRECTOR ENFORCEMENT DIRECTORATE 3RD FLOOR, BMTC BUILDING K.H. ROAD, SHANTHINAGAR BANGALORE-560 027
W.P.No.47843/2018
- 2 -
THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE CORPORATION CIRCLE BANGALORE–560001
BANGALORE METROPOLITAN TASK FORCE BRUHATH BENGALURU MAHANAGARA PALIKE BBMP OFFICE BUILDINGS N.R. SQUARE, BANGALORE-560002 BY ITS HEAD ADDITIONAL DIRECTOR
GENERAL OF POLICE
THE AREA ENGINEER BBMP, C.V. RAMAN NAGAR NAGAVARA PALYA,
BANGALORE-560093
V. MOHAMMED SHAFIULLA AGED ABOUT 70 YEARS, S/O LATE ABDUL WAHEED R/AT NO.80, NAGAVARAPALYA MAIN ROAD C V RAMAN NAGAR POST BENGALURU-560 093
SRI S. MOHAMMED SAMADH AGED MAJOR S/O V. MOHAMMED SHAFIULLA R/AT NO.80, NAGAVARAPALYA MAIN ROAD, C.V. RAMAN NAGAR POST BENGALURU-560 093
SURESH SALARIYA AGED ABOUT 67 YEARS S/O LATE K.C. SALARIYA R/AT NO.12/1, VERSOVA LAYOUT C.V. RAMAN NAGAR POST BENGALURU-560 093
SRI ROHIT SALARIYA AGED MAJOR S/O SUBASH SALARIYA R/AT NO.12/1, VERSOVA LAYOUT
W.P.No.47843/2018
- 3 - C.V. RAMAN NAGAR POST BENGALURU-560 093
SMT. VAGDEVI AGED MAJOR NO.263, TANK ROAD 2ND CROSS, KRISHNARAJAPURAM BANGALORE-560 036 ...RESPONDENTS ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO R-5 TO TAKE ACTION AGAINST R-6 TO R-10 BASED ON THE COMPLAINTS, REPRESENTATIONS SUBMITTED BY THE PETITIONER AS PER ANNEXURES-K, L AND M AND TAKE FURTHER ACTION AS REQUIRED AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER By way of this petition, filed as a public interest litigation (‘PIL’), the petitioner seeks to allege that the respondent Nos.6 to 10 and their family members, who are engaged in real estate business, had entered into several ‘benami’ transactions and have amassed huge wealth in illegal activities and without accounting; and, therefore, it is necessary to investigate into their activities. Having heard learned counsel for the petitioner and having examined the record, we have expressed reservations
W.P.No.47843/2018
- 4 - in entertaining this petition as a PIL, where the petitioner seeks to allege the so-called ‘benami’ transactions by the respondent Nos.6 to 10 and the matter involves several such questions of fact, which cannot be determined in the writ jurisdiction. Upon our expressing reservations thus, learned counsel for the petitioner seeks permission to withdraw. Taking note of the prayer made by the learned counsel for the petitioner, we are permitting the petitioner to withdraw, but with a note of caution that any other attempt by the petitioner in unnecessarily seeking to invoke the PIL jurisdiction of this Court may be visited with penalisation. With the observations foregoing, the petitioner is permitted to withdraw and the petition is dismissed as withdrawn.
Sd/- CHIEF JUSTICE
Sd/- JUDGE