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2025 DAILYLAW 22935 (KAR)

SRI. VISHWABHUSHANA TEERTHA SWAMIJI v. STATE OF KARNATAKA

WP/10152/2025 · 2025-04-04

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:14333 WP No. 10152 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 10152 OF 2025 (GM-POLICE) BETWEEN: SRI. VISHWABHUSHANA TEERTHA SWAMIJI, AGED ABOUT 62 YEARS, RESIDING AT SURVEY NO. 45/1, RAMOHALLI, SRI MADHWANARAYANA ASHRAMA, KENGERI HOBLI, BANGALORE SOUTH TALUK BANGALORE - 560 074. …PETITIONER (BY SRI. AJAY KADKOL T., ADVOCATE) AND: 1. STATE OF KARNATAKA BY SUPERINTENDENT OF POLICE, RAMANAGARA - 562 159. 2. STATE OF KARNATAKA BY KUMBALGODU POLICE STATION, KUMBALGODU, BANGALORE - 560 074. …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO TAKE NECESSARY ACTION QUA THE Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:14333 WP No. 10152 of 2025 REPRESENTATIONS DATED 01.04.2025 GIVEN BY THE PETITIONERS TO THE RESPONDENTS HEREIN SEEKING PROTECTION AGAINST THE ILLEGAL ACTIONS AND HIGH HANDEDNESS OF ONE MR.ABHIJIT M.M. AND HIS ASSOCIATES, FORTHWITH WHICH IS PRODUCED AS ANNX-A AND ETC., THIS PETITION, COMING ON FOR ORDERS, 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 prayers. "a. Pass an appropriate writ, direction or order directing the Respondents to take necessary action qua the Representations dated 01.04.2025, given by the Petitioners to the Respondents herein seeking protection against the illegal actions and high-handedness of one Mr.Abhijit M.M., and his associates, forthwith, which is produced as ANNEXURE-"A", AND/OR b. Pass such other Order/s as this Hon'ble Court may deem fit and proper in the ends of justice." 2. Heard Shri Ajay Kadkol T., learned counsel appearing for the petitioner and Shri Shamanth Naik, learned High Court Government Pleader appearing for the respondents. - 3 - NC: 2025:KHC:14333 WP No. 10152 of 2025 3. The petitioner is said to be a pontiff of a mutt which has six disciples. It transpires that the petitioner is wanting to construct a temple complex in the said mutt. In furtherance whereof, an agreement is entered into between the petitioner and one Shri Abhijit M.M., for use of machinery. A dispute has arisen between Shri Abhijit M.M. and the pontiff and the plea is that the said person, i.e., Shri Abhijit M.M., is interfering with the construction of the complex. Therefore, the lurking dispute between the petitioner and the said person, Shri Abhijit M.M., leads the petitioner to submit a representation to the jurisdictional police for seeking police protection for construction or the interference of Shri Abhijit M.M., in the activities of the petitioner. 4. The learned High Court Government Pleader on instructions would submit that the representation dated 01.04.2025 has been considered on the same day and rejected for grant of any police protection, as it was a civil dispute between Shri Abhijit M.M. and the petitioner. 5. Therefore, the only relief that the petitioner can find favour at the hands of this Court is that, the police shall accord - 4 - NC: 2025:KHC:14333 WP No. 10152 of 2025 such protection only if the petitioner would project threat in real time and not imaginary, to his life, limb or the possession, strictly in consonance with the circular issued by the State on 04.11.2018. With the aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 2 Sl No.: 5 CT: BHK