- 1 - HC-KAR NC: 2025:KHC:29184 WP No. 22154 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 22154 OF 2025 (GM-POLICE) BETWEEN: MR. PATIL RANJITH PATEL S/O MR. RAMALINGANA GOWD AGED ABOUT 46 YEARS RESIDING AT SITE NO. 1, BBMP KHATHA NO. 1027/78/1 BOGANAHALLI VILLAGE, VARTHUR HOBLI SARJAPUR-DODDAKKANAHALLI ROAD DODDAKKANAHALLI BENGALURU- 560 035 …PETITIONER (BY SRI. M C AMRUTHA VARSHINI.,ADVOCATE) AND: 1. THE COMMISSIONER OF POLICE OFFICE OF THE COMMISSIONER OF POLICE 1, INFANTRY ROAD BANGALORE 560 001 2. THE DEPUTY COMMISSIONER OF POLICE OFFICE OF THE DEPUTY COMMISSIONER OF POLICE BENGALURU - WHITEFIELD DIVISION WHITEFIELD MAIN ROAD, RUSTAMJEE LAYOUT VINAYAKA LAYOUT BENGALURU 560 066 Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29184 WP No. 22154 of 2025 3. THE INSPECTOR OF POLICE BELLANDUR POLICE STATION 37, SARJAPUR - MARATHAHALLI RD AMBLIPURA, PWD QUARTERS 1ST SECTOR, BELLANDUR BENGALURU 560 103 4. M/S. ADARSH REALTY AND HOTELS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 2/4, LANGFORD GARDENS RICHMOND TOWN BENGALURU, 560025 REPRESENTED BY ITS MANAGING DIRECTOR MR. BILIDALE MADAIAH JAYESHANKAR 5. M/S. ADARSH DEVELOPERS A PARTNERSHIP FIRM WITH OFFICE AT 2/4 LANGFORD GARDENS, RICHMOND TOWN BANGALORE-560 025 REPRESENTED BY ITS MANAGING PARTNER MR. B.M JAYESHANKAR …RESPONDENTS (BY SMT. K. P. YASHODHA, AGA FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NOS. 1, 2 AND 3 TO CONSIDER THE REPRESENTATIONS DATED 08.07.2025 (ANNEXURE B) AND 14.07.2025 (ANNEXURES C AND D) ISSUED BY THE PETITIONER IN ACCORDANCE TO CIRCULAR NO.CRM-3/105/2018 DATED 14.11.2018 ISSUED BY THE OFFICE OF DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, KARNATAKA STATE, BENGALURU, IN A TIME-BOUND MANNER. - 3 - HC-KAR NC: 2025:KHC:29184 WP No. 22154 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner, who has instituted the suit in O.S. No.6634/2024, which is pending consideration on the file of the VI Additional City Civil and Sessions Judge, Bengaluru [for short, 'the civil Court'], is seeking directions to the Police Officers, who are arrayed as the respondents to act in terms of this interim order. The petitioner relies upon the Circular dated 14.11.2018. Ms. Amrutha Varshini M.C, the learned counsel for the petitioner, Mrs. K. P. Yashodha, the learned Additional Government Advocate for the first to third respondents [the Police Officers], are heard and the records perused. The civil Court has granted ex parte order on 18.09.2024 restraining the private respondents herein from excavating or constructing - 4 - HC-KAR NC: 2025:KHC:29184 WP No. 22154 of 2025 any of immovable property [that is described in Schedule 'B' of the plaint] to deny access to the petitioner's property [which is described as Schedule 'A' in the plaint]. The progress in the suit is not made known to the Court at this stage. If there is any violation by the private respondents, this Court must opine, in the facts and circumstances of this case, that the petitioner must move an application with the civil Court and seek appropriate orders on directions to the respondent - Police. If the civil Court, which is seized of the matter, is persuaded to issue directions to the Police Authorities and they do not act despite such direction, then the petitioner must pursue grievance with this Court. There cannot be interference until that stage. Therefore, the petition, subject to just liberty in favour of the petitioner, stands disposed of. It would be needless to observe that if the petitioner avails the - 5 - HC-KAR NC: 2025:KHC:29184 WP No. 22154 of 2025 liberty and files an application, the civil Court must consider the same subject to its board and the stage of the suit. Sd/- (B M SHYAM PRASAD) JUDGE RB