Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:7369 WP No. 8449 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 8449 OF 2021 (GM-POLICE) BETWEEN:
SRI. NARAYANA.B S/O LATE BYALAYALAGAIAH, AGED ABOUT 66 YEARS, R/AT ROHITH NAGAR, NELAMANGALA TOWN, BENGALURU RURAL DISTRICT. …PETITIONER (BY SRI. R.P.SOMASHEKARAIAH., ADVOCATE)
AND:
1.
STATE OF KARNATAKA, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU-560 001.
REPRESENTED BY ITS SECRETARY.
2.
THE SUPERINTENDENT OF POLICE, BENGALURU RURAL DISTRICT, BENGALURU-560 001.
3.
THE DEPUTY SUPERINTENDENT OF POLICE, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562 123.
4.
THE SUB-INSPECTOR OF POLICE, NELAMANGALA RURAL POLICE STATION, NELAMANGALA, BENGALURU RURAL DISTRICT-562 123. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA)
Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka
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NC: 2025:KHC:7369 WP No. 8449 of 2021
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.Mahantesh Shettar., AGA for the respondents has appeared in person.
2. The captioned Writ Petition is filed seeking a Writ of Mandamus directing respondent No.4 not to dispossess the petitioner and his family members from cultivating the land and from doing the agricultural activities and from putting up farm shed in the schedule properties.
3. Heard the arguments and perused the Writ papers with care.
4. A perusal of the petition averments and the relief sought by the petitioner reflects that the matter is in Civil nature and there are disputed questions of fact. Such a relief cannot be accorded in the Writ Petition. The law is well settled that the disputed question of facts cannot be investigated
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NC: 2025:KHC:7369 WP No. 8449 of 2021
under Article 226 and 227 of the Constitution of India. Hence, I decline to exercise power under the writ jurisdiction.
5. Resultantly, the Writ Petition is dismissed.
Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 34