- 1 - HC-KAR NC: 2025:KHC-D:15835 WP No. 107605 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107605 OF 2025 (GM-POLICE) BETWEEN: SMT. BHUVANESHWARI W/O. SHIVANAND KOLIWAD, AGE. 43 YEARS, OCC.HOUSEHOLD WORK, R/O. NO.27 DYANAMMANGUDI, BENGERI, TQ. HUBBALLI – 580 028. …PETITIONER (BY SRI. G. S. MOT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, DR.B.R.AMBEDKAR VEEDI, BENGALURU – 560 007. 2. THE COMMISSIONER OF POLICE, HUBLI DHARWAD POLICE COMMISSIONER OFFICE, NAVANAGAR, HUBALI – 581 110. 3. THE POLICE INSPECTOR, TWON POLICE STATION AT HUBLI, DIST. HUBLI 580 020. 4. SMT. SHASHIKALA W/O. SANGAPPA PALLED, AGED: 65 YEARS, OCC: HOUSEHOLD WORK, R/O: RADHAKRISHNA GALLIL, DURGAD BAIL, HUBBALLI, KARNATAKA – 580 020. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ENDORSEMENT BEARING NO.PET/48/2025 I.E. ANNEXURE-E DATED 5.9.2025 ISSUED BY THE RESPONDENT NO.3. FURTHER, ISSUE A WRIT IN THE NATURE OF MANDAMUS BY DIRECTING THE RESPONDENT NO.2 AND 3 TO CONSIDER THE REPRESENTATION DATED 30.0.2025 I.E. ANNEXURE-D AND PROVIDE POLICE PROTECTION TO THE PETITIONER AND ETC., Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15835 WP No. 107605 of 2025 THIS WRIT 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 has filed an affidavit indicating that the fourth respondent - mother-in-law of the present petitioner has refused acceptance of notice as was directed by this Court and would submit that the issue in the lis stands answered by the judgment rendered by the Co-ordinate Bench of this Court in identical circumstances in W.P. No.21412 of 2024, disposed on 14th November 2024. The Coordinate Bench of this Court held as follows: “The petitioner and his wife assert that they purchased Apartment No. 401, described in the schedule below, through a registered Sale Deed dated 26.07.2021. The petitioner states that a suit, O.S. No. 190/2023, for permanent injunction, was filed by one Sri D.S. Mohan against the petitioner and others. 2. In the said suit, the Trial Court initially granted an order of status quo concerning possession of the subject property. However, the status quo order was subsequently vacated on 14.06.2024. 3. Despite this, the plaintiff in the aforementioned suit is allegedly attempting to forcibly dispossess the petitioner from the subject property. Consequently, the petitioner submitted a complaint to the jurisdictional police requesting protection. The petitioner’s grievance is that, despite the Trial Court having rejected the plaintiff’s application for temporary - 3 - HC-KAR NC: 2025:KHC-D:15835 WP No. 107605 of 2025 injunction, the respondent police have failed to provide the requested protection. 4. Learned Additional Government Advocate (AGA), on instructions, submits that the dispute between the parties is civil in nature and, therefore, the police have rightly issued the impugned endorsement. 5. Clause 4 of the Circular dated 14.11.2018 states that protection shall not be provided for acquiring fresh possession. Instead, a person must first complete the sale formalities and get the mutation done for agricultural land, or for non-agricultural land, after executing the Sale Deed and changing the Khatha to their name, they can seek police protection. 6. In this case, the petitioner has acquired possession of the property through a registered Sale Deed, and the names of the petitioner and his wife have been duly entered in the property records for the subject property. Therefore, the police are obligated to provide protection to the petitioner, particularly in light of the fact that the Trial Court has already rejected the plaintiff’s application for a temporary injunction. 7. Accordingly, the writ petition is allowed. The respondents are directed to consider the petitioner’s complaint dated 24.06.2024, submitted at Annexure-D, in light of the Circular dated 14.11.2018, and to pass appropriate orders in accordance with the law within one week from the date of receipt of a certified copy of this order.” 2. Learned AGA would not dispute the position of law as is laid down by the Co-ordinate Bench of this Court. 3. In the light of the issue standing covered by the judgment passed by the Co-ordinate Bench of this Court (supra), - 4 - HC-KAR NC: 2025:KHC-D:15835 WP No. 107605 of 2025 on all its fours and on the same reasons, the subject petition also stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 48