- 1 - NC: 2025:KHC:16800 WP No. 9949 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9949 OF 2025 (GM-POLICE) BETWEEN: SRI SINGRAIAH S/O LATE DODDAVEERAIAH AGED ABOUT 79 YEARS GOLLARAHATTI, THIPPASANDRA HOBLI MAGADI TALUK, PALYADAHALLI THIPPASANDRA, MAGADI, RAMANAGAR KARNATAKA – 562 131. …PETITIONER (BY SMT. ARCHITHA SURESH, ADVOCATE FOR SRI SHARATH S GOWDA, ADVOCATE) AND: 1. THE DIRECTOR GENERAL OF POLICE BENGALURU POLICE HEADQUARTERS NRUPATHUNGA ROAD, BESIDE RBI BENGALURU – 560 001. 2. THE INSPECTOR GENERAL OF POLICE BENGALURU POLICE HEADQUARTERS NRUPATHUNGA ROAD, BESIDE RBI BENGALURU – 560 001. 3. THE SUPERINTENDENT OF POLICE Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16800 WP No. 9949 of 2025 POLICE BHAVAN, B.M.ROAD RAMANAGARA – 562 159. 4. DEPUTY SUPERINTENDENT OF POLICE MAGADI, SUB-DIVISION THAVAREKERE, BENGALURU – 562 162. 5. CIRCLE INSPECTOR OF POLICE KUDUR POLICE STATION MAGADI TALUK, RAMANAGARA – 561 101. 6. GOWDAIAH S/O SRI CHICKKAVEERIAH AGED ABOUT 46 YEARS R/AT GOLLARAHATTI VILLAGE HAMLET OF PALYADAHALLI THIPPASANDRA HOBLI, MAGADI TALUK RAMANAGARA – 562 127. …RESPONDENTS (BY SRI RAHUL CARIAPPA K. S., AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DTD. 03.02.2025 BEARING NO.E5/P.S/SAKALA/ARGE/08/2025 ISSUED BY R-5 VIDE ANNX- G. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:16800 WP No. 9949 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer: “a. Issue writ in the nature of Certiorari to quash the endorsement dated 03.02.2025 bearing No.E5/P.S./SAKALA/ARGE/08/2025 issued by Respondent No.5 vide Annexure-G. b. Issue writ in the nature of Mandamus by directing the respondent authorities to render police protection for implementation of the Judgment and Decree dated 30.11.2015 passed in O .S.No.43/2003 on the file of II Additional Civil Judge and JMFC Magadi, vide Annexure – A. c. Pass any such order this Hon’ble Court may deem fit in the facts and circumstances of the matter.” 2. Heard Smt. Architha Suresh, learned counsel for Sri Sharath S. Gowda, learned counsel for the petitioner and Sri Rahul Cariappa, learned Additional Government Advocate for the respondents. 3. Brief facts, germane, are as follows: The petitioner files a suit in O.S.No.43/2003. The suit is decreed in terms of the order dated 30.11.2015. The petitioner files an execution petition in E.P.No.2/2025 to execute the - 4 - NC: 2025:KHC:16800 WP No. 9949 of 2025 decree passed in O.S. No.43/2003. The concerned Court passes an order on 27.01.2025, which reads as follows: “ORDER IA No.1 filed by the DHr under Order 151 of CPC, is hereby allowed. It is hereby directed to the PSI of Kudur Police Station to provide police aid to the DHr for an implementation of Judgment and decree dated 30.11.2015 passed in OS No.43/2003. No order as to cost. Issue Notice to Jdr’s No.1 to 4, if PF paid returnable by 04.03.2025.” The petitioner then submits a representation to the police seeking police protection for the purpose of execution of the decree in terms of the afore-quoted order. This is declined on the score that there is another order passed by the another civil Court in O.S.No.67/2025 filed by one Bhadraiah against the present petitioner and therefore, as there is a boundary dispute between the two, they would not interfere in the issue. Be that as it may. 4. Learned Additional Government Advocate would submit that in the suit - O.S.No.67/2025 filed by one Bhadraiah against the petitioner, the concerned Court has noticed the - 5 - NC: 2025:KHC:16800 WP No. 9949 of 2025 orders passed in O.S.No.43/2003 and E.P.No.2/2025. Despite that, the concerned Court has granted an order of temporary injunction against the petitioner. 5. In that light, as there is dispute between the two, the petitioner was right in submitting the representation seeking police protection for execution of the decree. The respondents - police shall strictly in terms of the government circular dated 04.11.2018, grant such police protection for the purpose of execution of the decree as and when sought for by these petitioners, after assessment of the threat to the possession of the property or execution of either of the orders. 6. With the aforesaid directions, the following: ORDER a. The writ petition is allowed. b. The endorsement dated 03.02.2025, stands quashed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ/List No.: 1 Sl No.: 28 CT:SS