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2025 DAILYLAW 35685 (KAR)

MANJUNATH FAMILY AND FRIENDS TRUST v. THE STATE OF KARNATAKA

WP/32305/2024 · 2025-04-01

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:13639 WP No. 32305 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 32305 OF 2024 (GM-POLICE) BETWEEN: MANJUNATH FAMILY AND FRIENDS TRUST FOR SPORTS RECREATION AND SOCIAL ACTIVITY REGISTERED UNDER THE TRUSTS ACT, R/AT KONDAPURA, CHIKKASARANGI POST, GULUR HOBLI, TUMKURU TALUK TUMKURU - 572 118 CLUB HOUSE PREMISES, GULUR PANCHAYATH KHATA NO.1835/1892/04, SITE NO.04, SITUATED AT GULUR VILLAGE, TUMAKURU TALUK TUMAKURU - 572 118 REPTD. BY ITS PRESIDENT SRI. M.R. MANJUNATH S/O REVANNA AGED ABOUT 55 YEARS …PETITIONER (BY SRI. SOMASHEKHARAIAH R P., ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:13639 WP No. 32305 of 2024 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001 2. SUPERINTENDENT OF POLICE TUMAKURU DISTRICT TUMAKURU - 572 102 3. SUB - INSPECTOR OF POLICE TUMAKURU RURAL POLICE STATION, G K ROAD, TUMAKURU POLICE SQUAD OF TUMAKURU DISTRICT TUMAKURU DISTRICT - 572 101 …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA FOR R1 TO R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO TAKE ACTION AGAINST R-3 ALONG WITH 13 OTHER PERSONS (WHO ARE NOT IN UNIFORM) FOR HAVING TAKEN AWAY THE DOCUMENTS OF THE TRUST, BY THE R-3 SUCH AS LEDGER BOOKS, MEMBERS LIST BOOKS, CASH BOOKS, ACCOUTNS BOOK, BILL BOOKS, RESOLUTION BOOK AND OTHER BOOKS MAINTAINED BY THE TRUST INCLUDING CCTV HARD-DISK AND ALSO TO RETURN THE KEY OF THE TRUST PREMISES, BY CONSIDERING THE REPRESENTATION DTD. 08.11.2024 AS PER ANNX-G AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:13639 WP No. 32305 of 2024 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer: "i. To issue writ in the nature of mandamus, direct the respondent No.2 to take action against Respondent No.3 along with 13 other persons (who are not in Uniform) for having taken away the documents of the trust, by the Respondent No.3, such as ledger books, members list books, cash books, accounts book, bill books, resolution book and other books maintained by the trust, including CCTV Hard-disk and also to return the key of the trust premises, by considering the representation dtd.8/11/2024, as per Annexure - G. ii. Issue direction to the Respondent No.2 to take appropriate action against the Respondent No.3 for the illegal act of the respondent No.3, by violating the orders passed by this Hon'ble Court, in W.P.No.16765/2024 dtd.5/7/2024 as per Annexure-D. iii. Issue direction to the Respondent No.3 nor anybody claiming through them from interfering with the activities of the trust, strictly in accordance with the law, directions issued by this Hon'ble Court in W.P.No.16765/2024. dtd.5/7/2024 as per Annexure-D. iv. Issue direction to the respondent No.3 to pay damages of Rs.1,00,000/-, per month till opening the lock and handing over the key to the petitioners' trust - President and not to interfere with the lawful activities of the trust as per the order of this Hon'ble Court dtd.5/7/2024 in W.P.No.5/7/2024. v. For such other relief's as this Hon'ble Court deems fit to grant in the circumstances of the case." - 4 - NC: 2025:KHC:13639 WP No. 32305 of 2024 2. The allegation by the petitioner against the State was seizure of several material by the police, which were inside the premises when the search was conducted. 3. The learned AGA has filed an affidavit of the Station House Officer, Tumkur Rural police station that none of the material was seized. 4. The learned counsel would dispute the same. Therefore, it is for the petitioner to open the premises, run and function, as he was functioning earlier. If there is nothing found that was earlier exisitng in the premises, appropriate steps be taken by the petitioner thereafter, in accordance with law. 5. With the aforesaid observations, the petition stands disposed. SD/- (M.NAGAPRASANNA) JUDGE KG List No.: 1 Sl No.: 27