- 1 - HC-KAR NC: 2025:KHC-D:16821 WP No. 101420 of 2024 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. 101420 OF 2024 (GM-RES) BETWEEN: SMT. KASAPPA SHASHIREKHA W/O KASAPPA SIDDAPPA AGE 38 YEARS OCC AGRUICUTLURE R/O ARASIKERE TALLUK HARAPANAHALLI DISTRICT VIJAYANAGAR 583131 …PETITIONER (BY SRI. PRAKASH R. BADIGER, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS MINISTRY VIDHAN SOUDH, BANGALORE-560001. 2. COMMISSIONER OF POLICE VIJAYANGAR DISRTICT. VIJAYANAGAR-591222. 3. CIRCLE INSPECTOR, ARASIKERI POLICE STATION ARASIKERE, TALLUK: HARAPANAHALLI DISTRICT: VIJAYANAGAR-583131. 4. POLICE SUB INSPECTOR ARASIKERI POLICE STATION ARASIKERE, TALLUK: HARAPANAHALLI DISTRICT: VIJAYANAGAR-583131 5. ASSISTANT COMMISSIONER, HARAPANHALLI SUB DIVISION, HARAPANAHALLI TALLUK, VIJAYANAGAR DISRTICT-583131 Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16821 WP No. 101420 of 2024 6. TAHASHILDAR HARAPANAHALII, HARAPANAHLLAI TALLUK, VIJAYANAGAR DISRTICT-583131 7. KASAPPA RENUKAMMA W/O KASAPPA NINGAPPA AGE: ABOUT 30 YERARS, OCC: HOUSE WIFE, R/O ARASIKERI VILLAGE, TALLUK: HARAPANAHALLI, DISTRICT: VIJAYANAGAR-583131. 8. K.N. BHARAMESH S/O KASAPPA NINGAPPA AGE: ABOUT 33 YERARS, OCC: AGRICULTURE, , R/O ARASIKERI VILLAGE, TALLUK: HARAPANAHALLI, DISTRICT: VIJAYANAGAR-583131. 9. K.N RAVIRAJ S/O KASAPPA NINGAPPA AGE: ABOUT 33 YERARS, OCC: AGRICULTURE, TALLUK: HARAPANAHALLI, DISTRICT: VIJAYANAGAR-583131. 10. K.N.NAGABHUSHAN S/O KASAPPA NINGAPPA AGE: ABOUT 36 YERARS, OCC: AGRICULTURE, , R/O ARASIKERI VILLAGE, TALLUK: HARAPANAHALLI, DISTRICT: VIJAYANAGAR-583131. 11. K.CHIKKAPPA S/O K BHARAMAPPA AGE: ABOUT 40 YERARS, OCC: AGRICULTURE, , R/O ARASIKERI VILLAGE, TALLUK: HARAPANAHALLI, DISTRICT: VIJAYANAGAR-583131. 12. K.GANGAMMA W/O K BHARAMAPPA, AGE: ABOUT 28 YERARS, OCC: HOUSE WIFE, R/O ARASIKERI VILLAGE, TALLUK: HARAPANAHALLI, DISTRICT: VIJAYANAGAR-583131. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1 TO R6; SRI. HANUMANTHAREDDY SAHUKAR, ADV. FOR R8 TO R11) - 3 - HC-KAR NC: 2025:KHC-D:16821 WP No. 101420 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS AND DIRECTION TO RESPONDENTS NO.1 TO 4 ARASIKERI POLICE TO PROVIDE A PROTECTION TO PETITIONER TO CULTIVATE THE LAND BEARING SURVEY NO.13/B 1 AND 13/C SITUATED AT ARASIKERI VILLAGE OF HARAPANAHALLI TALUK, MEASURING 00-72 CENTS AND 01 ACRE 46 VIDE ORDER PASSED BY THE RESPONDENT NO.5 DATED 16.06.2023 BEARING NO.RRT/CR/52/2023-24 AND DATED 01.09.2023 BEARING NO.SUM/KUM/RRT /HPH/CR/52/2023-24, VIDE ANNEXURE-C AND C-1 IN THE INTEREST OF JUSTICE. 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: I) Issue a writ in the nature of Mandamus and direction to respondents No.1 to 4 Arasikeri Police to provide a protection to petitioner to cultivate the land bearing Survey No.13/B 1 and 13/C situated at Arasikeri Village of Harapanahalli Taluk, measuring 00-72 Cents and 01 Acre 46 vide order passed by the respondent No.5 dated 16.06.2023 bearing No.RRT/CR/52/2023- 24 and dated 01.09.2023 bearing No.SUM/KUM/RRT /HPH/CR/52/2023-24, vide Annexure-C and C-1 in the interest of justice. II) And grant such other relief/s this Hon’ble court deems fit in the case on hand. 2. The petitioner is the plaintiff in O.S.No.130/2022. The application seeking an injunction against the respondents was rejected. The appeal filed against the rejection of application for injunction under Order XXXIX Rules 1 and 2 of Code of Civil Procedure was dismissed - 4 - HC-KAR NC: 2025:KHC-D:16821 WP No. 101420 of 2024 and the rejection was confirmed in M.A. No.1/2024. After which the petitioner is said to have submitted a representation before the concerned Assistant Commissioner seeking protection to cultivate his lands on the sole score that the RTC stands in his name. 3. It is open to the petitioner to seek such Police protection by filing an appropriate application before the concerned Court and there cannot be a mandamus in the teeth of the petitioner not having an order of injunction in his favour in both the Courts. 4. Leaving open the said remedy, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE RHR/-CT:ANB List No.: 2 Sl No.: 21