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2025 DAILYLAW 71701 (KAR)

PRUTHVIRAJ, v. STATE OF KARNATAKA,

WP/28370/2025 · 2025-09-18

B M Shyam Prasad

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:37367 WP No. 28370 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 28370 OF 2025 (GM-POLICE) BETWEEN: 1. PRUTHVIRAJ, S/O. PHUKRAJ JI, AGED ABOUT 63 YEARS, R/O. 1ST FLOOR, LAKSHMI NIVAS, ASSAR MOHALLA, CHITRADURGA -577 501. 2. BABULAL VASRAJ JI PATIYAT, S/O. VASARAJ JI, AGED ABOUT 64 YEARS, R/O. 1ST FLOOR, LAKSHMI NIVAS, ASSAR MOHALLA, CHITRADURGA -577 501. …PETITIONERS (BY SRI. H S SANTHOSH.,ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37367 WP No. 28370 of 2025 AND: 1. STATE OF KARNATAKA, HOME DEPARTMENT, POLICE SERVICES, VIDHANA SOUDHA, BANGALORE - 560001, REP. BY ITS ADDITIONAL CHIEF SECRETARY. 2. SUPERINTENDENT OF POLICE, SAGARA MAIN ROAD, SHIMOGA 577 201 BY HCGP HIGH COURT OF KARNATAKA. 3. THE STATION HOUSE OFFICER, THUNGA NAGAR POLICE STATION, SHIMOGA RURAL CIRCLE SUB-DIVISION, SHIVAMOGGA-577 201. …RESPONDENTS (BY SRI.RAHUL CARIAPPA., AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT POLICE AUTHORITIES TO REFRAIN THEMSELVES FROM INTERFERING WITH THE POSSESSION OF THE PETITIONERS OVER THE SCHEDULE PROPERTY DURING THE PENDENCY OF THE CIVIL SUIT IN OS - 3 - HC-KAR NC: 2025:KHC:37367 WP No. 28370 of 2025 NO. 01/2025 BEFORE THE COMPETENT CIVIL COURT AS PER ANNX-A TO THE WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners-plaintiffs in O.S. No.1/2025 on the file of the Principal District and Sessions Judge, Shivamogga relies upon the orders granted by this Court in the writ petition in W.P. No. 15038/2025 directing all the concerned to maintain status quo in respect of land bearing Sy. No.145/3 of Urgadur Village, Nidige Hobli, Shivamogga Taluk. The petitioners assert that the jurisdictional Police, [the third respondent] is interfering to assist the defendants who are also called upon to maintain status quo. - 4 - HC-KAR NC: 2025:KHC:37367 WP No. 28370 of 2025 Sri H S Santhosh, the learned counsel for the petitioners, and Sri Rahul Cariappa, a learned Additional Government Advocate who is called upon to accept notice for the respondents, are heard on whether there must be interference. This Court opines that the question whether the respondents, [the jurisdictional Police] and the other respondents must be issued with any specific direction must be examined in the pending writ petition in W.P. No. 15038/2025 as all relevant circumstances will be brought on record in such proceedings. Further, there cannot be multiplicity of proceedings when the petitioners can indeed make an application in the aforesaid writ petition. Subject to all just exceptions in this regard, the petition stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE AN/-