- 1 - HC-KAR NC: 2025:KHC:47413 WP No. 7396 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE D K SINGH WRIT PETITION NO. 7396 OF 2024 (GM-POLICE) BETWEEN: 1. SREE BANASHANKARI MEENUGARARA SAHAKARA SANGHA NIYAMITHA (R) 30TH WARD, AVARAGERE POST DAVANAGERE, DAVANAGERE DISTRICT - 577 003 REPRESENTED BY ITS PRESIDENT SRI S PARAMESH 2. SREE BANASHANKARI MEENUGARARA SAHAKARA SANGHA NIYAMITHA (R) 30TH WARD, AVARAGERE POST DAVANAGERE DAVANAGERE DISTRICT 577003 REPRESENTED BY ITS SECRETARY SRI K ANJANEYA PETITIONER No.1 & 2 REGISTERED UNDER THE COMPANIES ACT 1956 …PETITIONERS (BY SRI. HAREESH BHANDARY T., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO HOME DEPARTMENT VIDHANA SOUDHA BANGALORE - 01 2. THE STATION HOUSE OFFICER VIDYANAGARA POLICE STATION DAVANAGERE 577 002 Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47413 WP No. 7396 of 2024 3. THE SUPERINTENDENT OF POLICE DAVANAGERE 577 002 DAVANAGERE DISTRICT …RESPONDENTS (BY SRI. S.H.RAGHAVENDRA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 AND 3 TO REGISTER AND INVESTIGATE CASE AGAINST THE PERSONS MENTIONED IN THE COMPLAINT AT ANNEXURE-H AND J AND TAKE ACTION IN TERMS OF THE COMPLAINT FILED BY THE DEPUTY DIRECTOR FOR FISHERIES DTD. 10.11.2023 AND 05.12.2023 VIDE ANNX-E2 AND F2 AND PROVIDE SUITABLE PROTECTION TO THE MEMBERS OF THE PETITIONERS SOCIETY TO CARRY THE FISHING IN THE DAVAREGERE TANK IN ACCORDANCE WITH LAW, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH ORAL ORDER The present petition has been filed seeking the following reliefs:- "a) Issue writ of MANDAMUS or any other appropriate writ directing the respondent Nos.2 and 3 to register and investigate case against the persons mentioned in the - 3 - HC-KAR NC: 2025:KHC:47413 WP No. 7396 of 2024 complaint at Annexure 'H & J' and take action in terms of the complaint filed by the Deputy Director for Fisheries dated 10.11.2023 and 05.12.2023 vide Annexure 'E2' & 'F2' and provide suitable protection to the members of the petitioner's society to carry the fishing in the Avaregere tank in accordance with law. b) Issue writ of MANDAMUS or any other appropriate writ directing the 3rd respondent to hold a Departmental Enquiry against the 2nd respondent for not registering the FIR under section 154 of Cr.P.C, for dereliction of duty. c) Issue the direction to the 1st respondent to pay Rs.5 lakhs as damages to compensate the petitioner for the loss caused on account of illegal fishing and theft made by the aforesaid persons and not taking acting by the 2nd respondent on the complaint lodged by the petitioner's society." 2. This writ petition as such is not maintainable. The petitioner wants a writ of mandamus from this Court for registering the case against some unknown persons. The petitioner has remedy under the Bharatiya Nagarik Suraksha Sanhita, 2023 to take recourse as provided under the Statute. - 4 - HC-KAR NC: 2025:KHC:47413 WP No. 7396 of 2024 4. Therefore, the instant writ petition is dismissed as not maintainable with liberty as stated above. Sd/- (D K SINGH) JUDGE NG List No.: 1 Sl No.: 34