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2025 DAILYLAW 3336 (KAR)

ZENATARIS RENEWABLE ENERGY PRIVATE LIMITED v. THE SUPERINTENDENT OF POLICE,

WP/100509/2025 · 2025-01-25

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:1494 WP No. 100509 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100509 OF 2025 (GM-POLICE) BETWEEN: ZENATARIS RENEWABLE ENERGY PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE PLOT 327, ROAD NUMBER 25, VENKATAGIRI, JUBILEE HILLS, HYDERABAD, TELANGANA-500033 R/BY ITS AUTHORISED SIGNATORY MR. MANOJ KUMAR …PETITIONER (BY SRI. GURUDAS KANNUR., SR. COUNSEL REP SRI. ABHINAY S, & SRI. GURURAJ MAMDY., ADVOCATES) AND: 1. THE SUPERINTENDENT OF POLICE, VIJAYANAGARA, SUPERINTENDENT OF POLICE, HOSAPETE, VIJAYANAGARA KARNATAKA-583201 2. SUB-INSPECTOR OF POLICE KUDLIGI POLICE STATION, HOSAHALLI PS, CPI KUDLIGI TALUK, VIJAYANAGARA, KARNATAKA-583135 ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:1494 WP No. 100509 of 2025 3. SUB-INSPECTOR OF POLICE, KANAHOSHALLI POLICE STATION, HOSAHALLI PS, KUDLIGI TALUK, VIJAYANAGARA, KARNATAKA-583218 4. DEPUTY INSPECTOR GENERAL OF POLICE HAVING OFFICE AT BANGALORE POLICE HEADQUARTERS NRUPATHUNGA ROAD, BENGALURU, KARNATAKA-560001 …RESPONDENTS (BY SRI. SHARAD MAGADUM., HCGP., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER, OR DIRECTION, MORE IN THE NATURE OF WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, DIRECTION, OR ORDER DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 22.12.2024, 10.01.2025, 16.01.2025, 23.01.2025 AND 24.01.2025 (ANNEXURE-A-A4 ISSUED BY THE PETITIONER TO THE RESPONDENTS NO. 2 AND 3 TO TAKE APPROPRIATE ACTIONS AT SUCH OTHER LOCATIONS SITUATED AT THE PROJECT AREA UNTIL COMPLETION OF THE PROJECT BY THE PETITIONER AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - NC: 2025:KHC-D:1494 WP No. 100509 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA is directed to accept notice for respondents No.1 to 4. 2. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ, order or direction, more in the nature of writ of Mandamus or any other appropriate writ, direction, or order directing the Respondents to consider the representations dated 22.12.2024, 10.01.2025, 16.01.2025, 23.01.2025 and 24.01.2025 (Annexure-A-A4) issued by the petitioner to the Respondents No. 2 & 3 to take appropriate actions at such other locations situated at the Project Area until completion of the Project by the Petitioner and; b. To pass any other order or directions as this Hon’ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity. 3. The grievance of the petitioner is that despite several complaints having been submitted to respondent No.2, no action has been taken by respondent No.2 to provide police protection and/or to stop various miscreants from interfering with the implementation of the project by the petitioner. - 4 - NC: 2025:KHC-D:1494 WP No. 100509 of 2025 4. The categorical submission of the petitioner is that no one else apart from the petitioner has any right title or interest over the subject lands and the owner of the land has also not objected to the petitioner in making use of the property. 5. If that be so, when complaints have been filed making serious allegations, the respondent No.2 was required to take the said complaints on record, investigate the matter and proceed therefrom. Not having done so, the complaints from 22.12.2024 have remained unanswered without any action. 6. In that view of the matter, I pass the following; ORDER i. The writ petition is allowed. ii. A mandamus is issued, respondents are directed to act on the complaints filed by the petitioner at Annexure-A to A4 by taking the - 5 - NC: 2025:KHC-D:1494 WP No. 100509 of 2025 same on record, registering necessary First Information Report and proceeding therefrom. iii. If the claim of the petitioner is correct, then the respondent-police is directed to provide police protection to implement the project without any disturbance being caused by any third parties. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 4 Sl No.: 2