- 1 - NC: 2025:KHC-D:1225 WP No. 100410 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100410 OF 2025 (GM-POLICE) BETWEEN: 1. MOHAMMAD AKBARSAB S/O BABAJANSAB DWARALI @ ARALIMARAD, AGE. 57 YEARS, OCC. AGRICULTURE. 2. IMAMSAB S/O HAJRESAB DWARALI @ ARALIMARAD, AGE. 55 YEARS, OCC. AGRICULTURE. 3. KHWAJASAB S/O ABDULWAHABSAB DWARALI @ARALIMARAD, AGE. 53 YEARS, OCC. AGRICULTURE. 4. MAINUDDIN S/O ABDULGANISAB DWARALI @ ARALIMARAD, AGE. 50 YEARS, OCC. AGRICULTURE, ALL ARE R/O. KANCHINEGLUR VILLAGE, TQ. HANGAL, DIST. HAVERI- 581104. …PETITIONERS (BY SRI. SADIQ N. GOODWALA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY PRINCIPAL SECRETARY, DEPARTMENT OF HOME, VIDHAN SOUDHA, BENGALURU- 01. 2. SUPERINTENDENT OF POLICE, HAVERI, DIST. HAVERI- 581104. 3. DEPUTY SUPERINTENDENT OF POLICE, SHIGGAON DIST. HAVERI- 581104. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:1225 WP No. 100410 of 2025 4. CIRCLE INSPECTOR OF POLICE, HANGAL, DIST. HAVERI- 581104. 5. POLICE SUB-INSPECTOR ADUR POLICE STATION, TQ. HANGAL, DIST. HAVERI- 581104. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA IS PRAYING TO, (I) A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.4 AND 5 TO COMPLY THE ORDER DATED 23.10.2019 PASSED BY THIS HON BLE COURT IN W.P.NO.111901/2019 BY PROVIDING POLICE ASSISTANCE TO PUT UP FENCE TO THE LAND IN QUESTION SY NO.98 MEASURING 3 ACRES 5 GUNTAS OF KANCHINEGLUR VILLAGE, TQ. HANGAL, DIST.HAVERI VIDE ANNEXURE-C ACCORDING TO THE CONVENIENCE OF RESPONDENT NO.4 AND 5 THE DATE FIXED BY THEM. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THERIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioners are before this Court seeking the following prayer: “(i) A writ in the nature of mandamus directing the respondent Nos.4 and 5 to comply the order dated 23.10.2019 passed by this Hon’ble Court in W.P.No.111901/2019 by providing police assistance to put up fence to the land in question Sy No.98 - 3 - NC: 2025:KHC-D:1225 WP No. 100410 of 2025 Measuring 3 Acres 5 Guntas of Kanchineglur village, tq. Hangal, Dist.Haveri vide Annexure-C according to the convenience of respondent Nos.4 and 5 the date fixed by them. (ii) Issue such other reliefs as this Hon’ble Court deems fit in the circumstances of the case.” 2. The learned counsel Sri.Sadiq N. Goodwala appearing for the petitioners taking this Court through an earlier order passed by the Coordinate Bench would contend that the obstruction to the construction of the petitioners is still looming large. Despite the aforesaid orders, the respondent- State is not acting by grant of police protection. He would submit that the order passed by the Coordinate Bench in Writ Petition 111901/2019 is also affirmed by the Division Bench. 3. In that light, the learned AGA Sri.Sharad V.Magdum would submit that the necessary police protection as was directed by the Coordinate Bench will be provided to the petitioners. The learned AGA submits that the order of the Coordinate Bench would be implemented in the letter and spirit by according such police protection as is necessary and on the date that the petitioner would seek. - 4 - NC: 2025:KHC-D:1225 WP No. 100410 of 2025 4. The submission is placed on record. 5. I deem it appropriate to dispose the petition recording the aforesaid submission to accord police protection on the date that the petitioners would seek. 6. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE KGK List No.: 1 Sl No.: 64