Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 16485 (KAR)

NANJAPPA C V v. STATE OF KARNATAKA

WP/3730/2025 · 2025-02-10

R Devdas

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:5819 WP No. 3730 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 3730 OF 2025 (GM-RES) BETWEEN: NANJAPPA C V S/O. LATE H.N. VEERABADRACHAR, AGED 54 YEARS, R/AT. RAJA RAJESHWARI NILAYA, AGRAHARA ROAD, CHAMARAJANAGAR 571 313 …PETITIONER (BY SRI. B RAMESH., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HOME, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEEDHI, BENGALURU-560 001. REP BY ITS SECRETARY 2. THE DEPUTY COMMISSIONER, CHAMARAJNAGAR DISTRICT, CHAMARAJNAGAR PIN 571 313 3. DEPUTY SUPERINTENDENT OF POLICE, CHAMARAJNAGAR DISTRICT, CHAMARAJANAGAR PIN 571 313 Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5819 WP No. 3730 of 2025 4. THE STATION HOUSE MASTER, CHAMARAJNAGAR RURAL POLICE STATION, GUNDLAPET ROAD, CHAMARAJNAGAR - 571 313. …RESPONDENTS (BY SRI.SHAMANTH NAIK., HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 AND 3 TO CONSIDER THE COMPLAINT DTD. 16.01.2025 SUBMIT BY THE PETITIONER AND TAKE APPROPRIATE ACTION AGAINST THE PERSONS WHO ARE TRYING TO INTERFERE WITH PETITIONERS QUARRY WORK IN THE PROPERTY BEARING SY.NO. 247, RE-SY NO. 104/14 MEASURING TO AN EXTENT OF 04-00 ACRES SITUATED AT SHIVAPURA VILLAGE, KASABA HOBLI, CHAMARAJANAGAR DISTRICT WHICH IS PRODUCED AND MARKED AS ANNX-D AND E. 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 respondents. 2. The petitioner is before this Court seeking the following reliefs: - 3 - NC: 2025:KHC:5819 WP No. 3730 of 2025 a. Issue a writ in the nature of mandamus by directing the respondent No.2 and 3 to consider the complaint dated 16.01.2025 submit by the petitioner and take appropriate action against the persons who are trying to interfere with petitioner’s quarry work in the property bearing Sy.No.247, Re-Sy No.104/14 measuring to an extent of 04-00 acres situated at Shivapura village, Kasaba Hobli, Chamarajnagar District which is roduced and marked as Annexure-‘D’ and ‘E’. b. To pass such other suitable orders as this Hon’ble Court deems fit to be granted in the facts and circumstance of the case in the interest of justice and equity. 3. 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 properties. Police protection can be granted only if there is a specific direction given by the Civil Court. - 4 - NC: 2025:KHC:5819 WP No. 3730 of 2025 4. Upholding the submissions of the learned Additional Government Advocate, the writ petition stands disposed of granting liberty to the petitioner to seek specific directions at the hands of the Civil Court. Ordered accordingly. Sd/- (R DEVDAS) JUDGE KLY CT: JL