- 1 - HC-KAR NC: 2025:KHC-D:12925 WP No. 105831 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105831 OF 2025 (GM-POLICE) BETWEEN: M/S. INDIA SHELTER FINANCE CORPORATION LIMITED, NO. 20, 1ST FLOOR, 24TH MAIN RD, R.K. COLONY, MANJUNATH COLONY, 2 PHASE, J.P. NAGAR, BENGALURU, KARNATAKA-560078, REPRESENTED BY ITS AUTHORISED OFFICER, MR. PRASHANTH BIJAPUR, AGE: 45 YEARS, S/O. SHIVARUDRA BIJAPUR. …PETITIONER (BY SRIYUTHS. SACHIN C. ANGADI, ADVOCATE FOR SAMPATAKUMAR B.MUTTALLI, ADVOCATE) AND: 1. MRS. MALLAVVA HANUMANTAPPA GORAVAR W/O. HANUMANTHAPPA GORAVAR, AGE: 40 YEARS, 2. MR. SANJEEVA REDDI HANUMANTHAPPA GORAVAR S/O. HANUMANTHAPPA GORAVAR, AGE: 25 YEARS, ABOVE 1 AND 2 ARE R/O #2, 108, HIRE BANA HALLADAKERI ONI, LAKSHMESHWAR, GADAG, KARNATAKA-582116. 3. THE STATE OF KARNATAKA REPRESENTED LAKSHMESHWAR POLICE, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12925 WP No. 105831 of 2025 LAKSHMESHWAR, REPRESENTED BY ADDL. GOVERNMENT PLEADER, HIGH COURT OF KARNATAKA, DHARWAD. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R3; NOTICE TO R1 AND R2 IA DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE PSI LAXMESHWAR POLICE STATION, LAXMESHWAR TO ASSIST THE PETITIONER IN TAKING PHYSICAL POSSESSION OF THE PROPERTY AS PER THE ORDER DATED 20.12.2024 PASSED IN CRI.MISC.NO.124/2024 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, GADAG VIDE ANNEXURE-B. B) PASS SUCH OTHER ORDER AS DEEMS FIT TO THE HON BLE COURT INCLUDING COST. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THERIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for Respondent No.3. Notice to Respondent Nos. 1 and 2 is dispensed with in view of the proposal order to be passed. 2. The petitioner is before this Court seeking for the following reliefs: a. Issue a Writ in the nature of Mandamus directing the PSI Laxmeshwar Police Station, Laxmeshwar to assist the Petitioner in taking physical possession of the property as per the order dated 20.12.2024 passed in Cri.Misc.No.124/2024 on the - 3 - HC-KAR NC: 2025:KHC-D:12925 WP No. 105831 of 2025 file of the Principal Senior Civil Judge and CJM, Gadag vide Annexure-B. b. Pass such other order as deems fit to the Hon’ble court including cost. 3. The grievance of the petitioner arises from the inaction of Respondent No. 3, the police authorities in implementing the order dated 20.12.2024, passed under Section 14 of the SARFAESI Act, in Criminal Misc. No. 124/2024. 4. It is a well-settled principle that police authorities are duty-bound to assist in the enforcement of orders passed under Section 14 of the SARFAESI Act. Since Respondent No. 3 has failed to provide the required assistance, I pass the following: ORDER i. The writ petition is allowed. ii. A writ of mandamus is hereby issued, directing Respondent No. 3 to assist in the - 4 - HC-KAR NC: 2025:KHC-D:12925 WP No. 105831 of 2025 implementation of the order dated 20.12.2024 passed in Criminal Miscellaneous No. 124/2024. iii. Such assistance shall be rendered within seven days from the date of receipt of certified copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE VB CT:PA List No.: 1 Sl No.: 5