- 1 - HC-KAR NC: 2025:KHC:29498 WP No. 33181 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 33181 OF 2024 (GM-POLICE) BETWEEN: PRABHUDEVA D S/O DANAPPA S.A AGED ABOUT 53 YEARS, R/O JANANI SANNAPPA LAYOUT JOGIMUTT ROAD, CHITRADURGA - 577501. …PETITIONER (BY SRI. K V NARASIMHAN.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU - 01. 2. THE SUPERINTENDENT OF POLICE KELAGOTE CHITRADURGA - 577501. 3. THE STATION OFFICER CHITRADURGA TOWN POLICE STATION CHITRADURGA - 577501. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29498 WP No. 33181 of 2024 4. SRINIVAS M S/O MASIYAPPA AGED ABOUT 62 YEARS, R/O DODDAULLARTHY VILLAGE, CHALLAKERE TALUK CHITRADURGA - 577522. 5. RAGHUCHANDAN S/O M CHANDRAPPA AGED ABOUT 32 YEARS SECRETARY INDIAN INTERNATIONAL SCHOOL CHALLAKERE GATE / CIRCLE, CHITRADURGA - 577522. 6. THE HEAD MASTER M M HIGH SCHOOL STADIUM ROAD CHITRADURGA CITY - 577501. …RESPONDENTS (BY SMT.K.P. YASHODA., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT ISSUED BY THE R-3 AT ANNX-L DATED 28.11.2024 BEARING NO. PO0489240600389; DIRECT THE R-1 TO 3 TO PROVIDE POLICE PROTECTION TO THE PETITIONER IN RELATION TO THE IMPLEMENTATION OF THE ORDER AT ANNX-D PASSED BY THIS COURT DATED 19.07.2024 IN W.P.NO. 306/2023 (GM-CPC). - 3 - HC-KAR NC: 2025:KHC:29498 WP No. 33181 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner is aggrieved by the third respondent's Endorsement dated 28.11.2024 [Annexure-L]. The third respondent, by the impugned Endorsement, has informed the petitioner that there is no direction by the Court to extend help to implement any particular direction and that the petitioner's dispute with the concerned is of civil nature, and therefore, there cannot be any interference. 2. This Court, on 29.07.2025, upon hearing the learned counsels for the parties, has recorded the following question for consideration: Whether the petitioner could sustain this petition if it has withdrawn an - 4 - HC-KAR NC: 2025:KHC:29498 WP No. 33181 of 2024 application filed for directions to the police in the civil suit. 3. It remains indisputable that the petitioner has the advantage of an interim injunction in OS No. 326/2022 on the file of the Principal Civil Judge and JMFC, Chitradurga and that the petitioner had also filed an application for implementation of the injunction order which stands disposed of as withdrawn. 4. The learned counsel for the petitioner submits that the application was withdrawn because of a specific assurance by the respondent not to act in disobedience with the order of temporary injunction but these respondents are violating the orders. This assertion is met by Sri Ravi H K, the learned counsel for the fourth to sixth respondents, contending that the private respondents' property has a compound, but the petitioner, acting under the shelter of the interim injunction, wants to enter - 5 - HC-KAR NC: 2025:KHC:29498 WP No. 33181 of 2024 possession of the first respondent's property, and therefore, the third respondent has rightly refused to intervene. Smt K P Yashodha, the learned Additional Government Advocate is heard. 5. This Court is of the view that this Court need not enter into the factual assertion when the concerned civil Court is seized of the matter in O.S. No.356/2022 and that even if the application is withdrawn, there are subsequent circumstances that justify a renewal of the application, the petitioner must pursue remedy accordingly and there cannot be any interference in the present petition. 6. As such, the petition stands disposed of with the observation as aforesaid. SD/- (B M SHYAM PRASAD) JUDGE AN/-