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2025 DAILYLAW 14975 (KAR)

SRI. MUNISWAMY v. STATE OF KARNATAKA

WP/2156/2023 · 2025-03-04

M Nagaprasanna

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:9244 WP No. 2156 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 2156 OF 2023 (GM-POLICE) BETWEEN: SRI MUNISWAMY AGED ABOUT 55 YEARS S/O LATE MUNIYAPPA R/O BYRATHANAHALLI KONDASHETTIHALLI POST TEKAL HOBLI – 563 137 TQ: MALUR, DISTRICT: KOLAR …PETITIONER (BY SRI SANTOSH R.NELKUDURI, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HOME VIKAS SOUDHA BENGALURU -560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE SUPERINTENDENT OF POLICE KOLAR DISTRICT, KOLAR – 563 101. 3. THE CIRCLE INSPECTOR OF POLICE MALUR CIRCLE – 563 130 TQ: MALUR, DISTRICT: KOLAR. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9244 WP No. 2156 of 2023 4. THE POLICE SUB-INSPECTOR MASTI POLICE STATION – 563 139 TQ: MALUR, DISTRICT: KOLAR. …RESPONDENTS (BY SRI SHAMANTH NAIK, HCGP FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS, PARTICULARLY R4, TO PROVIDE POLICE PROTECTION/HELP TO THE PETITIONER FOR THE PURPOSE OF ENFORCING THE DECREE IN O.S.NO.261/2001, BY CONSIDERING THE REPRESENTATION DTD 23.12.2022 AS PER ANNEXURE-L. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer: “i. Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondents, particularly Respondent No.4 to provide police protection / help to the Petitioner for the purpose of enforcing the decree in O.S.No.261/2001, by considering the Representation dated 23.12.2022 as per Annexure – L. ii. Issue any other appropriate writ or order or direction that deems fit to grant in the circumstances of the case in the interests of justice and equity.” - 3 - NC: 2025:KHC:9244 WP No. 2156 of 2023 2. Heard Sri Santosh R. Nelkudri, learned counsel for petitioner and Sri Shamanth Naik, learned High Court Government Pleader for respondent Nos.1 to 4. 3. The petitioner institutes a suit before the concerned civil Court in O.S.No.261/2001, against the defendants therein and it is said that the concerned Court has passed an order granting permanent injunction on 29.11.2002. Execution petition filed by the petitioner is also ended in favour of the petitioner. The issue in the lis is not with regard to the proceedings. The petitioner submits representation on 23.12.2022 seeking police protection, after the passage of the judgment by the concerned Court in O.S.No.261 of 2021, which is still pending consideration. Therefore, the petitioner is before this Court in the subject petition. 4. Learned High Court Government Pleader on instructions and verification of the records would submit that appropriate action would be taken on the representation, forthwith. 5. In the light of the aforesaid submission of the learned High Court Government Pleader, I deem it appropriate to direct - 4 - NC: 2025:KHC:9244 WP No. 2156 of 2023 the respondents to consider the representation of the petitioner in accordance with law, bearing in mind the circular / guidelines dated 14.11.2018, issued by the government, which directs police protection to those persons who have decree in their favour. 6. For the aforesaid reasons, the following: ORDER a. The writ petition is allowed. b. The respondent Nos.3 and 4 – Masti Police Station, shall take appropriate action in terms of the afore- quoted circular as expeditiously as possible without brooking any delay. Ordered accordingly. Sd/- ____________________ JUSTICE M.NAGAPRASANNA NVJ List No.: 1 Sl No.: 65 CT:SS