Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:2560-DB WP No. 591 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE G BASAVARAJA WRIT PETITION NO. 591 OF 2025 (KLGP) BETWEEN:
MRS. DR. REBBECA MATHEW, AGED ABOUT 92 YEARS, RESIDING AT NO.180, VIRGO APARTMENT, POONAMALLEE HIGH ROAD, CHENNAI - 600 084. …PETITIONER (BY SRI. JOSHUA HUDSON SAMUEL., ADVOCATE)
AND:
1.
STATE OF KARNATAKA, BY AVALAHALLI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.
2. TAHASILDAR, BANGALORE EAST TALUK, K.R. PURAM, BENGALURU - 560 036. …RESPONDENTS (BY SMT.CHANDINI S., HCGP FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT ORDER OR DIRECTION DIRECTING THE RESPONDENTS NOT TO EXECUTE ANY WARRANT AGAINST THE PETITIONER PURSUANT TO THE ORDERS PASSED BY THE LAND GRABBING COURT BANGALORE IN LGC(G) No-474/2021 VIDE ANNEXURE- C.
Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:2560-DB WP No. 591 of 2025
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE G BASAVARAJA
ORAL ORDER
(PER: HON'BLE MR JUSTICE KRISHNA S DIXIT)
A short grievance of the petitioner, an aged gentle lady in the late evening of her life, is the alleged interference of the Police in her liberty, pursuant to the NBW reissued by the Special Court established under the provisions of The Karnataka Land Grabbing Prohibition Act, 2011, on 26.08.2024.
2. Learned counsel for the petitioner submits that the NBW is against the accused, namely, “R.Mathew, S/o R.N.Mathew”, with the full postal address and therefore his client being some other person, both going by the age, gender and lineage, Police are not justified in coming to her doorstep.
3. Learned HCGP appearing for the official respondent submits that the petitioner need not have the apprehension of Police intrusion inasmuch as, NBW is as
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NC: 2025:KHC:2560-DB WP No. 591 of 2025
clear as gangetic waters. She rightly reads out the relevant para of the order dated 26.08.2024, which is as under:
"NBW issued against accused through DCP, Bengaluru East is also returned unexecuted.
Reissue NBW against accused namely R.Mathew S/o R.M.Mathew, No.108, Virgo Apartments, Ph.Road, Chennai – 600084 through ADGP (Crimes), Bengaluru.
Reissue NBW against accused namely R.Mathew S/o R.M.Mathew, Behind Post Office, Avalahalli Colony, Virgonagara Post, Bidarahalli Hobli, Bengaluru East Taluk through DCP, Bengaluru East as well as through Police Inspector, Avalahalli Police Station."
In view of the above clarification, the petition is
disposed off, with a direction to the Police not to execute the subject warrant against the petitioner, but should execute it against the person named and described in the
order dated 26.08.2024.
Costs made easy.
Sd/- (KRISHNA S DIXIT) JUDGE
Sd/- (G BASAVARAJA) JUDGE
RD/Bsv