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2025 DAILYLAW 22988 (KAR)

SRI.C.SRINIVAS v. THE STATE OF KARNATAKA

WP/12181/2021 · 2025-01-07

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:383 WP No. 12181 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 12181 OF 2021 (GM-POLICE) BETWEEN: SRI. C.SRINIVAS S/O R.CHOKKALINGAM, AGED ABOUT 54 YEARS, NOW R/AT NO.62, GOURAV NAGAR, 3RD CROSS, 3RD MAIN, J.P.NAGAR, 7TH PHASE, BENGALURU. …PETITIONER (BY SRI. R.P.SOMASHEKHARAIAH., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001. 2. SUB-INSPECTOR OF POLICE, JP NAGAR POLICE STATION, BENGALURU-560 078. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA) 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: Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:383 WP No. 12181 of 2021 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.2 not to call upon the petitioner to go over to the police station to clear the lease amount/ dues if any to the tenants who are evicted by the Punjab National Bank, JP Nagar, Bengaluru, under the SARFAESI Act and not to entertain any complaint with regard to the civil matter. 3. AGA on instruction submits that the second respondent has neither issued notice nor called the petitioner to go over to the police station as alleged by the petitioner. AGA therefore, submits that an appropriate order may be passed. 4. Heard the arguments and perused the Writ papers with care. 5. There is nothing on record to show that the petitioner has been called upon to go over to the police station. Furthermore, the second respondent has not issued the notice. - 3 - NC: 2025:KHC:383 WP No. 12181 of 2021 In my view, the apprehension or the allegation is baseless. Moreover, the relief sought by the petitioner cannot be granted under writ jurisdiction. The Writ Petition is devoid of merits and is liable to be dismissed. 6. Accordingly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 3 Sl No.: 32