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2025 DAILYLAW 14245 (KAR)

SRI. L. S. NARAYANA REDDY @ BHARGAV v. THE STATE OF KARNATAKA

WP/1436/2025 · 2025-01-21

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:2354 WP No. 1436 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 1436 OF 2025 (GM-POLICE) BETWEEN: SRI. L. S. NARAYANA REDDY @ BHARGAV S/O L N SURYANARAYANA REDDY, AGED ABOUT 58 YEARS, R/AT NO. 450, BRINDHAVANA, 4TH MAIN, H M T LAYOUT, ANANDA NAGARA, BENGALURU - 560024. …PETITIONER (BY SRI. ADINARAYANA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HOME AFFAIRS, REP BY ITS SECRETARY, VIDHANA SOUDHA, BENGALURU - 560001. 2. THE STATION HOUSE OFFICER YELAHANKA POLICE STATION, YELAHANKA BENGALURU NORTH, BENGALURU – 560064 3. SRI CHIKKANNA S/O LATE MARITHIMMAIAH, AGED ABOUT 51 YEARS, R/AT KOGILU VILLAGE, Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2354 WP No. 1436 of 2025 YALAHANKA HOBLI, BENGALURU NORTH TALUK, BENGALURU - 560064. …RESPONDENTS (BY SRI.SESHU V., HCGP FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT ORDER TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER ON DTD.11.01.2025 TO THE R-2 WHICH IS PRODUCED AT ANNX-A AND CONSEQUENTLY DIRECT THE RESPONDENT TO GIVE PROTECTION TO PUT OF A COMPOUND WALL ON HIS PROPERTY BEARING SY.NO.13/7 (NEW NO. 13/8) MEASURING TO AN EXTENT OF 0-13½ GUNTAS, SITUATED AT KOGILU VILLAGE, YELAHANKA HOBLI, BENGALURU NORTH TALUK. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader is directed to take notice for respondents No.1 and 2. Notice to respondent No.3, is not necessary for the following reasons: - 3 - NC: 2025:KHC:2354 WP No. 1436 of 2025 The petitioner is before this Court seeking direction to respondent No.2-The Station House Officer, Yelahanka Police Station, Yelahanka, Bengaluru North, to consider his complaint dated 11.01.2025 at Annexure-A and take action accordingly. 2. On going through the complaint at Annexure-A, it is clear that the petitioner is alleging that he has filed O.S.No.293/2024 on the file of the District and Sessions Judge, Bengaluru Rural Division, (Vacation Court), and there is an order of temporary injunction restraining the defendant, who is none other than respondent No.3 herein from interfering with the plaintiff’s peaceful possession and enjoyment of suit schedule property. It is alleged that in spite of such a temporary injunction granted by the Court, respondent Nos.3 is interfering with the suit schedule property. The petitioner therefore seeks police protection. 3. Learned High Court Government Pleader submits that there are several judgments of this Court which clearly holds that the police is not permitted to interfere or - 4 - NC: 2025:KHC:2354 WP No. 1436 of 2025 take action on such allegation touching upon the rights of the parties in respect of immovable properties. Police protection can be granted only if there is a specific direction given by the Civil Court. 4. Upholding the submissions of the learned High Court Government Pleader, the writ petition stands disposed of granting liberty to the petitioner to seek specific directions at the hands of the concerned Civil Court where the suit filed by the petitioner is pending, seeking police protection to implement the interim orders passed by the Civil Court. Ordered accordingly. Sd/- (R DEVDAS) JUDGE DL CT: JL