- 1 - NC: 2025:KHC:14963 WP No. 4904 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 4904 OF 2025 (GM-POLICE) BETWEEN: 1. M/S BESTO MINING INDIA PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANY ACT 1958 AND REGISTERED OFFICE AT SY.NO.450/2, YELAGANAHALLI VILLAGE, MANDIKULA HOBLI, PERISANDRA POST, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA DISTRICT - 562 104 REPRESENTED BY ITS DIRECTOR SRI. DEVDAS SHENOY. 2. M/S. BALAJI STONE CRUSHER, A PARTNERSHIP OF FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT AND REGISTERED OFFICE AT OFFICE AT SY.NO.432/1, 432/2, YELAGANAHALLI VILLAGE, MANDIKULA HOBLI, CHIKKABALLAPURA DISTRICT - 562 104 REPRESENTED BY ITS MANAGING PARTNER SRI. SUJAY SUBRAMANI. 3. M/S. TEJA STONE CRUSHER, A PROPRIETORSHIP REGISTERED UNDER THE GST CERTIFICATE NO. 29AKQPA4100K2Z7, AND REGISTERED OFFICE OFFICE AT THEELAKUNTAHALLI VILLAGE, VARLAKONDA POST, GUDIBANDE TALUK, CHIKKABALLAPURA DISTRICT - 561 207, REPRESENTED BY ITS PROPRIETOR Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:14963 WP No. 4904 of 2025 MR. T.S. ASHWATHAPPA. 4. SRI. T.S. ASHWATHAPPA, S/O. MR. SUBBARAYAPPA, AGED ABOUT 58 YEARS, R/AT. THEELAKUNTAHALLI VILLAGE, VARLAKONDA POST, GUDIBANDE TALUK, CHIKKABALLAPURA DISTRICT - 562 104. 5. M/S. AYYAPPASWAMY STONE CRUSHER, A PARTNERSHIP OF FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT AND REGISTERED OFFICE AT SY.NO.404, YALAGALAHALLI VILLAGE, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA DISTRICT - 562 104, REPRESENTED BY ITS PROPRIETOR MR. K.L. AVALAPPA. 6. SRI. K.L. AVALAPPA S/O. MR. LAKSHMAIAH, AGED ABOUT 65 YEARS, R/AT. NO.404, YALAGALAHALLI VILLAGE, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA DISTRICT - 562 104. 7. M/S. J.R.B. STONE CRUSHER A PROPRIETORSHIP REGISTERED UNDER THE GST CERTIFICATE NO. 29ACUPU7081M2ZA, OFFICE AT NO.404, YALAGALAHALLI VILLAGE, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA DISTRICT - 562 104, REPRESENTED BY ITS PROPRIETOR SMT. UMADEVI. - 3 - NC: 2025:KHC:14963 WP No. 4904 of 2025 8. SMT. UMADEVI W/O. SRI. RAMESH BABU, AGED ABOUT 57 YEARS, R/AT. NO.404, YALAGALAHALLI VILLAGE, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA DISTRICT - 562 104. …PETITIONERS (BY SRI. GANAPATHY BHAT, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, CHIKKABALLAPURA TALUK, CHIKKBALLAPURA DISTRICT - 562 101. 2. THE TAHSILDAR CHIKKABALLAPURA TALUK, CHIKKBALLAPURA DISTRICT - 562 101. 3. THE SUPERINTENDENT OF POLICE CHIKKABALLAPURA TALUK, CHIKKBALLAPURA DISTRICT - 562 101. 4. THE SUB-INSPECTOR PERISANDRA POLICE STATION, CHIKKABALLAPURA TALUK, CHIKKBALLAPURA DISTRICT - 562 104. 5. SRI. VENU H.N. S/O. MR. NARAYANASWAMY, AGED ABOUT 36 YEARS, R/AT. HALE PERESANDRA VILLAGE, MANDIKALLU HOBLI, - 4 - NC: 2025:KHC:14963 WP No. 4904 of 2025 CHIKKABALLAPURA HOBLI, CHIKKABALLAPURA DISTRICT - 562 104 …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA FOR R1 TO R4; SRI. CHANDRASHEKAR. C, ADVOCATE FOR R5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.3 AND 4 TO PROVIDE POLICE PROTECTION TO THE PETITIONERS AS PER REPRESENTATION DATED 04.02.2025 TO TRANSPORT THE MATERIAL FROM THE SCHEDULE ROAD, AS PER ANNEXURE-Y AND Y1, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking a direction by issuance of a writ in the nature of mandamus to provide police protection in terms of the representation dated 04.02.2025. The petitioners claim to be the owners of particular land measuring 2acres and 20guntas and has obtained a quarrying lease in the said property. Respondent No.5 also claimed to have obtained quarrying lease in the land. The - 5 - NC: 2025:KHC:14963 WP No. 4904 of 2025 dispute is with regard to the road that passes through both the lands. 2. Heard Shri Ganapathy Bhat, learned counsel appearing for the petitioners; Shri Rahul Cariappa, learned Additional Government Advocate appearing for respondents No.1 to 4 and Shri Chandrashekar C., learned counsel appearing for respondent No.5. 3. The learned counsel appearing for the petitioners submits that it is a public road and he should be permitted to use. 4. The learned counsel appearing for respondent No.5 submits that it is a private land, Hissa and Podi to the land has taken place long ago. 5. Be that as it may. The representation is given by the petitioners on the premise that respondent No.5 is blocking a public road. Therefore, the police, if respondent No.5 is blocking the public road and not permitting use of the land by the petitioners, shall accord such police protection, if there is - 6 - NC: 2025:KHC:14963 WP No. 4904 of 2025 threat to the possession, life or limb of the petitioners, strictly in consonance with circular dated 04.11.2018. 6. It is made clear that the police would not enter into the boundary disputed between the petitioners and respondent No.5. The order is rendered only for the purpose of grant of police protection and usage of the road, if it is a public road. With the aforesaid observation, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 10 CT: BHK