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2025 DAILYLAW 3716 (KAR)

ALLASAB S/O MAKTUMSAB SAVADATTI v. THE STATE OF KARNATAKA

WP/100912/2025 · 2025-02-11

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:2692 WP No. 100912 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100912 OF 2025 (GM-POLICE) BETWEEN: ALLASAB S/O. MAKTUMSAB SAVADATTI, AGE: 65 YEARS, OCC: AGRICULTURE, R/O: BENGERI, HUBBALLI, DISTRICT: DHARWAD- 580023. …PETITIONER (BY SRI. D. L. LADKHAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY SECRETARY HOME DEPARTMENT, HOME DEPARTMENT, VIKASA SOUDHA, BENGALURU- 560 001. 2. THE INSPECTOR AND DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, NRUPATUNGA ROAD, BANGALURU- 560 001. 3. THE SUPERINTENDENT OF POLICE, BELAGAVI DISTRICT. BELAGAVI- 590001. 4. THE POLICE INSPECTOR, SOUNDATTI POLICE STATION, SOUNDATTI- 591126, BELAGAVI. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, ISSUE A WRIT OF MANDAMUS, DIRECTING THE RESPONDENT NO.4 TO Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:2692 WP No. 100912 of 2025 PROVIDE POLICE PROTECTION CONSIDERING THE REPRESENTATION REQUEST LETTER DATED 07-07-2024 VIDE ANNEXURE-C, AND REPRESENTATION DATED 13-08-2024, VIDE ANNEXURE-D, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: “Issue a writ of mandamus, directing the respondent No.4 to provide police protection considering the representation request letter dated 07-07-2024 vide Annexure-C, and representation dated 13-08-2024, vide Annexure-D, in the interest of justice. “ 2. Heard the learned counsel Sri.D. L. Ladkhan appearing for the petitioner and the learned AGA Sri.Sharad V.Magadum representing the respondent-State. 3. The petitioner and others enter into a registered partition on 10.08.2017. Pursuant to the said partition, it transpires that mutation and the record of rights are changed. The petitioner owing to threat in real time, submits a representation to the jurisdiction police seeking protection and necessary action against the persons who - 3 - NC: 2025:KHC-D:2692 WP No. 100912 of 2025 are obstructing to the peaceful possession of the petitioner. Later the petitioner registers a crime on 17.11.2024 for several offences in Crime No.350 of 2024. The issue in the lis is with regard to grant of police protection to the petitioner or otherwise. 4. The learned AGA would submit that the persons who are in possession of the property are in possession of the property for over 16 years and the petitioner and the people who are in possession, are in a squabble. 5. Be that as it is, if the representation of the petitioner projects threat to life in real time, the police shall take action of grant of police protection after being satisfied with such threat for real time, in terms of the circular of the Government dated 14.11.2018. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE KGK / List No.: 1 Sl No.: 65