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2025 DAILYLAW 53634 (KAR)

SHRI. SADASHIV S/O LAKKAPPA BYAGI v. THE STATE OF KARNATAKA

WP/107714/2025 · 2025-10-27

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:14300 WP No. 107714 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107714 OF 2025 (GM-POLICE) BETWEEN: SHRI. SADASHIV S/O. LAKKAPPA BYAGI, AGE: 39 YEARS, R/O: G-009, GOPALAN GARDENIA, VEERASANDRA MAIN ROAD, ELECTRONIC CITY, NEAR D MART, BENGALURU – 560 100. …PETITIONER (BY SRI. VENKATESH UPPAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, COMMISSIONER OF POLICE, HUBBALLI DHARWAD – 580 025. 2. THE SUB INSPECTOR OF POLICE VIDYANAGAR POLICE STATION HUBBALLI – 580 031. …RESPONDENTS (BY SRI. V.S.KALASURMATH, AGA FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO INVESTIGATE FIR NO.0119/2025, DATED 10.09.2025, AND DIRECT THEM TO TAKE IMMEDIATE ACTION AS PER LAW. DIRECT THE RESPONDENTS TO TAKE APPROPRIATE STEPS TO PREVENT FURTHER TRESPASS, ENCROACHMENT, OR ILLEGAL OCCUPATION OF THE PETITIONERS PROPERTY, BY GIVING POLICE AID (PROPERTY BEARING PLOT NO.2, SURVEY NO.576B, 577A SITUATED AT SUNDAR NAGAR, HUBBALI) AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.10.28 15:45:53 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14300 WP No. 107714 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: A. Issue a Writ of mandamus or any other appropriate writ, order or direction, directing the Respondents to investigate FIR No.0119/2025, dated 10.09.2025, and direct them to take immediate action as per law. B. Direct the Respondents to take appropriate steps to prevent further trespass, encroachment, or illegal occupation of the petitioners property, by giving police aid (Property bearing Plot No.2, survey No.576b, 577a situated at Sundar Nagar, Hubbali). C. Grant such other order or orders, as this Hon’ble court may deem fit, in the circumstances of the case, in the interest of justice and equity. 2. The petitioner is the complainant. A crime is said to have been registered on a complaint registered by the petitioner on 10.09.2025. Even before reasonable time could get concluded for conclusion of the investigation, the petitioner is before this Court seeking a direction for the respondents’ to investigate into the matter, and submit a report immediately. Petition is thus premature. The petitioner is at liberty to approach this Court in the event - 3 - HC-KAR NC: 2025:KHC-D:14300 WP No. 107714 of 2025 the respondents would not conclude the investigation within a reasonable time. 3. Reserving such liberty, petition stands dismissed. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC List No.: 1 Sl No.: 57