- 1 - HC-KAR NC: 2025:KHC-D:18137 WP No. 105704 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 105704 OF 2018 (GM-POLICE) BETWEEN: 1. THE TANISHKA KALA KRIDA SANSKRUTIK MANDAL CHIKALI (NANIBAI) TQ: KAGAL, DIST: KOLHAPUR, STATE: MAHARASHTRA, BY ITS PRESIDENT, SHRI. KRISHNAT YASHAWANT MAGADUM, AGE: 27 YEARS, OCC: AGRICULTURE, R/O: CHIKAL (NANIBAI) …PETITIONER (BY SMT. SONU SOHEL FOR SRI. SHARAD V MAGADUM, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HOME AFFAIRS, BY ITS SECRETARY, VIDHANA SOUDHA, BENGLAURU. 2. DIRECTOR GENERAL OF POLICE OFFICE AT 2, POLICE HEAD QUARTERS, NRUPTUNGA ROAD, SAMPANGI RAMA NAGAR, BENGALURU-01. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:18137 WP No. 105704 of 2018 3. THE SUPERINTENDENT OF POLICE BELAGAVI, DIST: BELAGAVI-01. 4. THE DEPUTY SUPERINTENDENT OF POLICE CHIKODI SUB DIVISION, CHIKODI, DIST: BELAGAVI. 5. SHRI.DHEERAJ SHINDE AGE: 44 YEARS, OCC: PSI, R/O: CITY POLICE STATION NIPANI, TQ: CHIKODI, DIST: BELAGAVI. 6. SHRI. ANAND PANDAV AGE: 50 YEARS, OCC: CONSTABLE, R/O: CITY POLICE STATION NIPANI, TQ: CHIKODI, DIST: BELAGAVI. 7. SHRI. POPAT AINAPURE AGE: 34 YEARS, OCC: CONSTABLE, R/O: CITY POLICE STATION NIPANI, TQ: CHIKODI, DIST: BELAGAVI. 8. SHRI.UDAY KAMBLE AGE: 36 YEARS, OCC: CONSTABLE, R/O: CITY POLICE STATION NIPANI, TQ: CHIKODI, DIST: BELAGAVI. 9. SHRI.VINOD AASODE AGE: 37 YEARS, OCC: CONSTABLE, R/O: CITY POLICE STATION NIPANI, TQ: CHIKODI, DIST: BELAGAVI. - 3 - HC-KAR NC: 2025:KHC-D:18137 WP No. 105704 of 2018 10. SHRI.VIJAY CHAVAN AGE: 42 YEARS, OCC: PRIVATE DRIVER, R/O: NIPANI, TQ: CHIKODI, DIST: BELAGAVI. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 TO R4; SRI. RAJASHEKHAR BURJI, ADV. FOR R5 TO R10) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO. 1 TO 3 TO INITIATE DEPARTMENTAL ACTION AGAINST THE RESPONDENT NO. 5 TO 9 WHO HAVE ILLEGALLY EXCEEDED THEIR JURISDICTION AND COMMITTED THE ILLEGAL ACT BY VIOLATING THE FUNDAMENTAL RIGHTS OF THE MEMBERS OF PETITIONER MANDAL AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP 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 writ in nature of mandamus directing the respondent No. 1 to 3 to initiate departmental action against the respondent No. 5 to 9 who have illegally exceeded their jurisdiction and committed the illegal act by violating the fundamental rights of the members of petitioner mandal. - 4 - HC-KAR NC: 2025:KHC-D:18137 WP No. 105704 of 2018 ii) issue writ in the nature of mandamus directing the respondent Nos. 5 to 9 who are the police officers and respondent No. 10 who is driver of the police vehicle, to pay compensation to the office bearers of the petitioner mandal. iii) Issue any writ of mandamus directing the respondent No. 1 to 3 to consider the representation given by the president of petitioner mandal vide Annexure K dtd Nil/2/2017 and take appropriate action against the respondent No. 5 to 10. iv) Issue writ of mandamus or order or direction against the respondents Nos. 1 to 4 to take action against the respondent Nos.5 to 10 by initiating criminal/ penal proceedings. v) issue any other writ or direction as deem fit by this Hon'ble Court in the interest of justice and equity. 2. Heard the learned counsel appearing for the petitioner, learned HCGP appearing for respondent Nos.1 to 4 and the learned counsel appearing for respondent Nos.5 to 10. 3. The petitioner is seeking a direction to initiate departmental enquiry against respondents Nos.5 to 10. Respondents 5 to 10, the police officers of the State of Karnataka, are said to have entered into the society which is situate in the State of Maharashtra without any warrant and therefore the petitioner has also invoked the jurisdiction of the learned Magistrate under Section 200 of the Code of Criminal - 5 - HC-KAR NC: 2025:KHC-D:18137 WP No. 105704 of 2018 Procedure by registering a private complaint. The present petition is for the purpose of directing initiation of a departmental inquiry against respondents 5 to 10. 4. In the light of the petitioner setting the criminal law into motion, there is no warrant for direction to initiate a departmental enquiry against these petitioners. 5. In the light of the circumstance, reserving liberty to the petitioner to avail of such remedy, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE kmv CT CNB