- 1 - HC-KAR NC: 2025:KHC-D:16824 WP No. 102241 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 102241 OF 2025 (GM-POLICE) BETWEEN: SMT. NEELAVVA W/O. MALLESHAPPA CHAKRASALI, AGE: 78 YEARS, OCC: HOUSEHOLD, R/O: VIDYA NAGAR, HAVERI, DIST. HAVERI – 581 110. …PETITIONER (BY SRI. VIJAYENDRA BHIMAKKANAVAR, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, HAVERI, DIST. HAVERI – 581 110. 2. THE DIRECTOR GENERAL OF POLICE (DGP), STAE OF KARNATAKA, NRUPATHUNGA ROAD, AMBEDKAR VEEDHI, BENGALURU – 560 001. 3. THE ASSISTANT COMMISSIONER, SUB DIVISION HAVERI, EX-OFFICIO PRESIDENT, SENIOR CITIZEN BOARD, HAVERI, DIST. HAVERI – 581 110. 4. THE SUPERINTENDENT OF POLICE, HAVERI, DIST. HAVERI – 581 110. 5. THE CIRCLE POLICE INSPECTOR, STATION HOUSE OFFICER (SHO), HAVERI CITY/TOWN POLICE STATIN, DIST. HAVERI – 581 110. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 TO 4 TO CONSIDER AND TAKE ACTION ON THE PETITIONER’S PETITION AND ACKNOWLEDGMENT DTD 17-01-2025 AND 18-01-2025 RESPECTIVELY VIDE ANNEXURE-E AND F AND KINDLY DIRECT THE RESPONDENTS NO.1 TO 4 TO INITIATE PROCEEDINGS FOR HANDING OVER VACANT VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.12.02 11:53:07 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16824 WP No. 102241 of 2025 POSSESSION OF LAND AND BUILDING MEASURING 01 ACRE 10 GUNTAS (1769 SQ FEET) IN R.S. NO. 221B PLOT NO. 61 HAVING E-SAVATTU NO.1-1-593-1112 IN MIDMAC WEST LAYOUT COMING WITHIN THE LIMITS OF HAVERI CITY MUNICIPAL COUNCIL, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: a. Issue Writ in the nature of Mandamus directing the Respondents no.1 to 4 to consider and take action on the Petitioner’s petition and acknowledgment dated 17-01-2025 and 18-01-2025 respectively vide Annexure-E and F and kindly direct the Respondents No.1 to 4 to initiate proceedings for handing over vacant possession of land and building measuring 01 Acre 10 Guntas (1769 sq feet) in R.S. No. 221B Plot No.61 having E-savattu No.1-1-593-1112 in Midmac West Layout coming within the limits of Haveri City Municipal Council, in the interest of justice and equity. b. Issue such other suitable order/s or directions as this Hon’ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity. 2. The petition is preferred on an erroneous premise that the police are empowered to get the vacant possession of a building situated in 1 acre 10 guntas as sought in the prayer. 3. The learned counsel submits that, on the strength of the Will, the petitioner is seeking the said direction by way of a - 3 - HC-KAR NC: 2025:KHC-D:16824 WP No. 102241 of 2025 writ in the nature of mandamus. If that be so, it is for the petitioner to establish his right over the property in an appropriately drawn proceedings, and if such right has already been established, to place all material before the Court. In the absence of such material, and in the form in which the petition is presently filed, the prayer that is sought cannot be granted. 4. Reserving liberty to the petitioner to avail of such remedy as available in law, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC List No.: 2 Sl No.: 26