Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 32487 (KAR)

SRI RAMAKRISHNAIAH v. THE DEPUTY SUPERINTENDENT OF POLICE

WP/24691/2024 · 2025-01-21

R Devdas

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:2316 WP No. 24691 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 24691 OF 2024 (GM-POLICE) BETWEEN: SRI. RAMAKRISHNAIAH, S/O MAHIMANNA, AGED ABOUT 60 YEARS, R/AT NO. 145, 60 FEET ROAD, NAGASANDRA VILLAGE AND POST, BANGALORE NORTH TALUK, BANGALORE - 560 073 …PETITIONER (BY SRI. H.J. ANANDA, ADVOCATE) AND: 1. THE DEPUTY SUPERINTENDENT OF POLICE, MAGADI SUB DIVISION (THAVAREKERE), MAGADI TALUK, RAMANAGARA DISTRICT - 562 120. 2. SMT. NAGAMMA, W/O NAGARAJAIAH, AGED ABOUT 68 YEARS, 3. SRI. MUDDAVEERAIAH S/O NAGARAJAIAH, AGED ABOUT 53 YEARS, RESPONDENTS NO.2 AND 3 ARE R/AT MUTHASAGARA VILLAGE, Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2316 WP No. 24691 of 2024 KUDUR HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 120. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO CONSIDER THE COMPLAINT DATED 20.02.2024 VIDE AT ANNX-G LODGED BY THE PETITIONER FORTHWITH IN ACCORDANCE WITH LAW IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate is directed to take notice for respondent No.1. Notice to respondent Nos.2 and 3 is not necessary for the following reasons. 2. The petitioner is before this Court seeking direction to respondent No.1-Deputy Superintendent of Police, Magadi Sub-Division (Thavarekere) to consider his complaint dated 20.02.2024 at Annexure-G and take action accordingly. - 3 - NC: 2025:KHC:2316 WP No. 24691 of 2024 3. On going through the complaint at Annexure-G, it is clear that the petitioner is alleging that he has filed O.S.No.22/2023 on the file of the Civil Judge, Senior Division, Magadi and there is an order of temporary injunction restraining the defendants, who are none other than respondent Nos.2 and 3 herein, from interfering with the plaintiff’s peaceful possession and enjoyment of suit schedule property. It is alleged that in spite of such a temporary injunction granted by the Court, respondent Nos.2 and 3 are interfering with the suit schedule property. The petitioner therefore seeks police protection. 4. Learned Additional Government Advocate submits that there are several judgments of this Court which clearly hold that the police is not permitted to interfere or take action on such allegation touching upon the rights of the parties in respect of immovable properties. Police protection can be granted only if there is a specific direction given by the Civil Court. - 4 - NC: 2025:KHC:2316 WP No. 24691 of 2024 5. Upholding the submissions of the learned Additional Government Advocate, the writ petition stands disposed of granting liberty to the petitioner to seek specific directions at the hands of the Civil Court where the suit filed by the petitioner is pending, seeking police protection to implement the interim orders passed by the Civil Court. Ordered accordingly. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 13 CT: BHK