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2025 DAILYLAW 45328 (KAR)

SRI C R LAKSHMANA GOWDA v. STATE OF KARNATAKA

WP/5348/2025 · 2025-02-24

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:8220 WP No. 5348 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 5348 OF 2025 (GM-POL) BETWEEN: SRI C.R.LAKSHMANA GOWDA S/O LATE RUDRE GOWDA AGED 85 YEARS R/AT SATTHIHALLI VILLAGE ALDUR HOBLI CHIKKMAGALORE TALUK CHIKMAGALURU DISTRICT - 577 101. …PETITIONER (BY SRI. PRAKASH M.H., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME AND INTERNAL AFFAIRS, M. S. BUILDING, BENGALURU - 560 001. 2. SUPERINTENDENT OF POLICE CHIKMAGALURU DISTRICT, CHIKMAGALURU - 577 101. 3. THE CIRCLE INSPECTOR CHIKMAGALURU RURAL POLICE, CHIKMAGALURU - 577 101. …RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH, AGA) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8220 WP No. 5348 of 2025 THIS W.P. IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE NATURE OF MANDAMUS TO THE R-2 AND 3 TO ACT ON THE REPRESENTATION DTD. 25.11.2024 AND 02.12.2024 VIDE ANNX-D AND E AND FURTHER TO GIVE POLICE PROTECTION TO THE PETITIONER IN RESPECT OF THE REQUEST SOUGHT IN THE SAID REPRESENTATIONS FORTHWITH. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER 1. Learned counsel for the petitioner submits that this Court has entertained a Writ Petition filed at the hands of the petitioner in W.P.No.16579/2022 and by Order dated 28.03.2024, this Court directed that if the respondent - State and the Revenue authorities are hell-belt on forming a public road on the property belonging to the petitioner, it may do so only after following the due process of law by notifying and acquiring the land, if so necessary, to form a public road. - 3 - NC: 2025:KHC:8220 WP No. 5348 of 2025 Thereafter the petitioner is seeking to put up a fence and close the road for public movement and his attempt to close down the road is not fruitful. 2. In this regard, the petitioner has also made a request to the respondent - police to give protection to the petitioner to put up a fence or compound closing the road which is meant for the use of the petitioner and his family members only. 3. Learned Additional Government Advocate submits that earlier the petitioner had given a representation stating that he wanted to put up the fence on 16.12.2024, however the said representation has elapsed. Learned Additional Government Advocate therefore, submits that a date and time may be fixed by this Court to enable the petitioner to put up the fence and directions may also be given to the jurisdictional police to enable the petitioner to proceed to put up the fencing. 4. Accordingly, the writ petition stands disposed of directing the petitioner to put up the fence to close down the road on 05.03.2025 at 10.00 a.m. The Station House Officer of Chickmagalur Rural Police Station is hereby directed to be - 4 - NC: 2025:KHC:8220 WP No. 5348 of 2025 present at the spot, on the date and time given by this Court to enable the petitioner to put up the fencing. 5. Ordered accordingly. Sd/- (R DEVDAS) JUDGE sac List No.: 1 Sl No.: 47