- 1 - NC: 2025:KHC:8218 WP No. 4879 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.4879 OF 2025 (GM-POLICE) BETWEEN: MR. UMAR KHATRI S/O. YUNUS KHATRI AGED ABOUT 62 YEARS RESIDING AT NO. 115 MARGOSA ROAD, MALLESHWARAM, BENGALURU - 560 003. …PETITIONER (BY SRI. CHETAN V, ADVOCATE) AND: 1. THE STATION HOUSE OFFICER RAJANUKUNTE POLICE STATION, BENGALURU - 560064. 2. THE DEPUTY COMMISSIONER, BENGALURU -560009. 3. THE ASSISTANT COMMISSIONER, BENGALURU NORTH TALUK, BENGALURU -560009. 4. THE TAHSILDAR, BENGALURU NORTH TALUK, BENGALURU -560009 …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SAHA, AGA) Digitally signed by SHAKAMBARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8218 WP No. 4879 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE R-1 TO CONSIDER HIS REPRESENTATION DATED 13.02.2025 VIDE ANNX-G AND CONSEQUENTLY TO PROVIDE POLICE PROTECTION AT THE TIME OF ERECTING COMPOUND FENCE IN LAND IN SY.NO. 59 SITUATED AT SREERAMANAHALLI VILLAGE, HESARAGHATTA HOBLI, BENGALURU NORTH TALUK. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned counsel for the petitioner submits that proceedings under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands Act, 1978, was initiated by one Sri. Bettaiah and a Division Bench of this Court in Writ Appeal No.88/2020, by Judgment dated 13.09.2022, held that the application filed under Section 5 of the PTCL Act was hit by the principles of delay and laches. Accordingly, the Writ Appeal filed by the petitioner herein was allowed upholding the order passed by the Assistant Commissioner who had held that the application - 3 - NC: 2025:KHC:8218 WP No. 4879 of 2025 cannot be entertained. Further, aggrieved Sri. Bettaiah approached the Hon'ble Supreme Court in a Petition for Special Leave to Appeal (C) D.No.2051/2023 and by Order dated 22.04.2024, the Special Leave Petition was dismissed. Despite the orders being passed by this Court and the Hon'ble Apex Court, Sri. Bettaiah is causing difficulties for the petitioner whenever the petitioner wanted to put up the fencing across the schedule property. Therefore the petitioner approached the first respondent - Station House Officer of Rajanukunte Police Station to give police protection to the petitioner. 2. However, learned Additional Government Advocate submits that this Court has consistently held that the police are directed not to entertain such grievances where civil dispute is involved. This Court has directed that aggrieved person has to approach the Civil Court to redress his grievances. 3. Having regard to the consistent opinion of this Court that such police protection cannot be directed unless there is a specific order of a Civil Court to provide protection for implementation of any orders passed by a Court, the police - 4 - NC: 2025:KHC:8218 WP No. 4879 of 2025 personnel cannot be permitted to give protection at the request of the petitioner. 4. Accordingly, the Writ Petition stands disposed of giving liberty to the petitioner to approach the competent Civil Court, secure an order, particularly directing police personnel for implementation of any orders that could be passed by the Court. Ordered accordingly. Sd/- (R DEVDAS) JUDGE sac