- 1 - NC: 2025:KHC:378 WP No. 1600 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 1600 OF 2021 (GM-POLICE) BETWEEN: SHANTAMMA W/O KRISHNAPPA, AGED ABOUT 68 YEARS, OCCUPATION AGRICULTURST, OTHIGHATTA VILLAGE, SOGANE POST, SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT-577 222. …PETITIONER (BY SRI. SHIVARAJ.M.P., ADVOCATE FOR SRI. CHANDRAKANTH.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S. BUILDING, BANGLAORE-560 001. BY ITS SECRETARY. 2. DEPUTY COMMISSIONER, SHIVAMOGGA DISTRICT, SHIVAMOGGA-577 201. 3. ASSISTANT COMMISSIONER, SHIVAMOGGA SUB-DIVSIION, SHIVAMOGGA-577 201. 4. TAHASILDAR SHIVAMOGGA TALUK, SHIVAMOGGA-577 201. Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:378 WP No. 1600 of 2021 5. THE DIRECTOR GENERAL OF POLICE AND KARNATAKA PRISONS INSPECTOR GENERAL, BANGALORE-560 001. 6. THE DISTRICT SUPERINTENDENT, DISTRICT PRISON /JAIL CENTRE, SHIVAMOGGA-577 201. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Shivaraj.M.P., counsel on behalf of Sri.Chandrakanth R.Patel., for the petitioner and Sri.Mahantesh Shettar., AGA for the respondents have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Mandamus directing respondents 5 and 6 to remove/ demolish the compound wall which blocks the petition schedule property pathway used by the petitioner for ingress and egress to the petition schedule property and also to direct respondents 5 and 6 not to interfere with the peaceful possession and enjoyment of the petition schedule property. - 3 - NC: 2025:KHC:378 WP No. 1600 of 2021 3. Heard the arguments and perused the Writ papers with care. 4. A perusal of the petition averments and the reliefs sought by the petitioner depicts that it is civil in nature and the same cannot be adjudicated under Articles 226 and 227 of the Constitution of India. The law is well settled that the disputed question of fact cannot be investigated under Article 226 of the Constitution of India. Hence, this Court declines to exercise power under Writ jurisdiction. 5. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 3 Sl No.: 22