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2025 DAILYLAW 12551 (KAR)

SHRI H A PUTTASWAMYGOWDA v. DEPUTY COMMISSIONER

WP/320/2025 · 2025-02-07

R Devdas

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:5597 WP No. 320 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 320 OF 2025 (GM-RES) BETWEEN: 1. SHRI. H.A. PUTTASWAMYGOWDA S/O. LATE APPAJIGOWDA, AGED ABOUT 70 YEARS 2. SHRI. H.A. CHANDRAKANTHA S/O. LATE APPAJIGOWDA, AGED ABOUT 65 YEARS BOTH ARE RESIDENTS OF RESIDENTS OF HADIGE ESTATE, HANUBALU HOBLI, SAKALESHPUR TALUK, HASSAN DISTRICT-573 165. …PETITIONERS (BY SRI. GURUDHATTA K, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN - 573 201. 2. THE ASSISTANT COMMISSIONER, SAKALESHPUR, SUB-DIVISION HASSAN DISTRICT - 573 165. 3. TAHSILDAR SAKALESHPUR TALUK, HASSAN DISTRICT - 573 165. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5597 WP No. 320 of 2025 4. SHRI. H.A. KUMAR, RESIDENT OF HADIGE ESTATE AND POST HANUBALU HOBLI, SAKALESHPUR TALUK, HASSAN DISTRICT - 573 165. …RESPONDENTS (BY SRI. SHAMANTH BAIK, AGA) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 4 TO CONSIDER THE REPRESENTATIONS DATED 03.12.2024 AND 05.12.2024 VIDE ANNX-B TO D AND FOR PASSING NECESSARY ORDERS THEREON AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate is directed to take notice for respondent Nos.1 to 3. Notice to respondent No.4 is not necessary for the following reason. 2. The petitioners are before this Court seeking direction to respondent No.1-Deputy Commissioner, Hassan, to consider their representations dated 03.12.2024 at Annexure-B, dated 05.12.2024 at - 3 - NC: 2025:KHC:5597 WP No. 320 of 2025 Annexure-C and 05.12.2024 at Annexure-D respectively and take action accordingly. 3. On going through the representations at Annexures-B, C and D, it is clear that the petitioners are alleging that they have filed O.S.No.112/2024 on the file of the Additional Civil Judge and JMFC, Sakaleshpura and there is an order of temporary injunction restraining the defendants, who is none other than respondent No.4 herein, from interfering with the plaintiff’s peaceful possession and enjoyment of suit schedule property. It is alleged that inspite of such a temporary injunction granted by the Court, respondent No.4 is interfering with the suit schedule property. The petitioners therefore seeks Police protection. 4. Learned Additional Government Advocate submits that there are several judgments of this Court which clearly hold that the Police is not permitted to interfere or take action on such allegation touching upon the rights of the parties, in respect of immovable - 4 - NC: 2025:KHC:5597 WP No. 320 of 2025 properties. Police protection can be granted only if there is a specific direction given by the Civil Court. 5. Upholding the submissions of the learned Additional Government Advocate, the writ petition stands disposed of, granting liberty to the petitioners to seek specific directions at the hands of the Civil Court, where the suit filed by the petitioners is pending seeking Police protection to implement the interim orders passed by the Civil Court. Ordered accordingly. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 2 CT: BHK