SUBRAMANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and learned HCGP for the respondents.

(2.) Learned HCGP brought to the notice of this Court that the impugned order dtd. 9/3/2023 and the same is executed and petitioner has suffered an order of externment. Therefore, the ratio laid down by the co-ordinate bench of this Court in the case of Manjunath V/s Assistant Commissioner and Sub-Divisional Magistrate and others in W.P.No.101922/2023 dtd. 24/3/2023 has no application to the present case on hand.

(3.) On examining the record, this Court wound find that the petitioner has belatedly approached the writ Court while he has already suffered order of externment. But however I would find some force in the submission made by the learned counsel for the petitioner. The question that requires consideration is as to whether the present case on hand deserve an order of externment and there are materials to substantiate the order of externment by the competent authority. Since the petitioner has efficacious remedy of an appeal, I deem it fit to relegate the petitioner to approach the appellate authority.