Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:51114 WP No. 33091 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33091 OF 2025 (GM-POLICE) BETWEEN:
SRI. RAMANNA AGED ABOUT 65 YEARS, S/O LATE SRI. MUNIVENKATAPPA, RESIDING AT SATHANURU VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK - 562 159 …PETITIONER (BY SRI. SHARATH KUMAR SHETTY, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,VIDHANASOUDHA BANGALORE - 560 001
2.
THE DEPUTY COMMISSIONER BANGALORE NORTH TALUK, BANGALORE - 560 001.
3.
THE INSPECTOR BAGALUR POLICE STATION, BANGALORE - 562 149.
4.
THE PANCHAYATH DEVELOPMENT OFFICER (P.D.O) JALA HOBLI, BEGALUR POST, SATANUR PANCHAYATH YALAHANKA TALUK, BANGALORE - 562 149.
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:51114 WP No. 33091 of 2025
5.
SRI. MARKONDEYA AGED ABOUT 64 YEARS, FATHER NAME NOT KNOWN RESIDING AT 1ST CROSS, OFF BAGALUR YELAHANKA MAIN ROAD, NEAR BHARATHI PUBLIC SCHOOL, BRUNDAVANA COLLEGE OPPOSITE, BABUNAGARA, BANGALORE - 562 149. …RESPONDENTS (BY SMT. K.P. YASHODHA, AGA)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENT NO.3 TO TAKE ACTION AS PER THE ORDER DATED 01.07.2017 PASSED BY THE HONBLE CIVIL JUDGE AND JMFC, DEVANAHALII IN O.S.NO.328/2017 AS PER ANNEXURE-B AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Learned AGA accepts notice for respondent Nos.1 to
3.
2. Notice to respondent No.4 is dispensed with in view of the order passed.
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HC-KAR NC: 2025:KHC:51114 WP No. 33091 of 2025
3. The petitioner is before this Court seeking for the following reliefs: a. "Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondent No.3 to take action as per the order dated 01.07.2017 by the Hon'ble Civil Judge and JMFC, Devanahalli in O.S.No.328/2017 as per Annexure-B;
b. To direct the 4th respondent to stop the illegal construction over the petition schedule property as per the Hon'ble Civil Judge and JMFC, Devanahalli in O.S.No.328/2017 as per Annexure-B.
c. To direct the 4th respondent to demolish the illegal construction over the petition schedule property in accordance with law.
d. Grant such other reliefs as this Hon'ble Court deems fit, in the circumstances of the case, in the interest of justice and equity."
4. The grievance of the petitioner herein is despite the injunction
order having been passed in O.S.No.328/2017 by the Civil Judge and JMFC, Devanahalli, respondent No.3-police has not implemented the said order.
5. On enquiry, learned counsel for the petitioner submits that an application has been filed on 08.09.2025
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HC-KAR NC: 2025:KHC:51114 WP No. 33091 of 2025
seeking for police help in O.S.No.328/2017 and no orders has been passed thereon.
6. When the Trial Court has not passed any order directing respondent No.3- police, the question of respondent No.3 acting on the interim order granted, by providing police protection do not arise. Hence, directing the Civil Judge and JMFC, Devanahalli to dispose of IA No.II filed in O.S.No.328/2017 as expeditiously as possible, Writ Petition stands
disposed of.
Sd/- (SURAJ GOVINDARAJ) JUDGE
SSD List No.: 1 Sl No.: 4