Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:17171 WP No. 11486 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 11486 OF 2025 (GM-POLICE) BETWEEN:
MR. GURUMURTHY, S/O RAJANNAGOWDA, AGED ABOUT 42 YEARS, R/AT HALEKOTE HOBALI, MAVANDOR, HASSAN, KARNATAKA - 573 220. …PETITIONER (BY SRI. SUBRAMANYA R, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA, REP. BY SECRETARY, REVENUE DEPARTMENT, MS BUILDING, BANGALORE - 560 001.
2. TAHSILDAR, HOLENARSIPURA, KARNATAKA - 573 211.
3.
DEPUTY DIRECTOR OF LAND RECORDS AND SURVEY SETTLEMENT, HOLENARSIPURA, HASSAN DISTRICT, KARNATAKA - 573 211.
4.
ASSISTANT DIRECTOR OF LAND RECORDS AND SURVEY SETTLEMENT, HOLENARSIPURA, HASSAN DISTRICT, KARNATAKA - 573 211.
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:17171 WP No. 11486 of 2025
5.
DEPUTY SUPERINTENDENT OF POLICE, HOLENARSIPURA, HASSAN DISTRICT - 573 211. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECTING R5 TO PROVIDE POLICE PROTECTION TO ENABLE THE PETITIONER TO FENCE AND PROTECT THE SCHEDULE PROPERTY IN ACCORDANCE WITH THE SURVEY AND FIXATION OF BOUNDARIES DETERMINED BY THE TAHSILDAR AND ASSISTANT DIRECTOR OF LAND RECORDS DATED 30/09/2022 (ANNX-B- B8) PREVENTING TRESPASS BY THIRD PARTIES IN LIGHT OF THE ORDER PASSED IN OS NO. 233/24 DATED 13/06/2024 (ANNX-E) 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 petitioner is before this Court seeking the following prayers:
"a) Issue an appropriate Writ,
order directing Respondent No.5, to provide police protection to enable the Petitioner to fence and protect the Schedule property in accordance with the Survey and fixation of boundaries determined by the Tahsildar and Assistant Director of Land Records dated 30.09.2022 (Annexure - B- B8) preventing
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NC: 2025:KHC:17171 WP No. 11486 of 2025
trespass by third parties in light of the Order passed in OS No.233/2024 dated 13.06.2024 (Annexure - E).
b) Issue an appropriate Writ,
order directing Respondent No.2 & 4 to be present at the time of police protection to enable the petitioner to fence the property.
c) Issue an appropriate Writ,
order directing Respondent Authorities to take the necessary measures to ensure that the Petitioner's property is duly fenced, in accordance with law.
d) Grant such other consequential reliefs as this Hon'ble Court may deem fit, just and proper in the
facts and circumstances of the case."
2. Heard Shri Subramanya R.,
learned counsel appearing for the petitioner and Shri Rahul Cariyappa, learned Additional Government Advocate appearing for the respondents.
3. The petitioner institutes O.S.No.233/2024 seeking permanent injunction against the third parties from interfering with his possession. The concerned Court grants temporary injunction. The petitioner seek to put up the fence in the property that is now said to be disturbed by those persons against whom the injunction was preferred. The complaint goes before the Tahsildar. The Tahsildar himself has directed the jurisdictional police to give police protection to the property
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NC: 2025:KHC:17171 WP No. 11486 of 2025
in the wake of the order passed in O.S.No.233/2024. Not giving police protection, as sought for is what has driven the petitioner to this Court.
4. The learned Additional Government Advocate submits that in terms of the order of the Tahsildar and even the
order of the concerned Court, police protection would be given to these petitioners to protect the possession, as also the life and limb of the petitioner.
5. The submission is placed on record.
6. The Police shall in terms of this order, grant such protection to the petitioner, as and when the petitioner would seek such police protection for the purpose for which the protection is sought.
Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE
JY List No.: 1 Sl No.: 51 CT: BHK