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2025 DAILYLAW 81683 (KAR)

SRI SATISH C v. THE STATE OF KARNATAKA

WP/25555/2025 · 2025-09-10

B M Shyam Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35648 WP No. 25555 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 25555 OF 2025 (GM-POLICE) BETWEEN: SRI SATISH C S/O SRI CHIKKAPPAIAH AGED ABOUT 38 YEARS R/A NELAMANCHANAHALLI VILLAGE CHANDRAHALLI POST AMBAJIDURGA HOBLI CHINTHAMANI TLAUK CHIKKABALLAPUR DISTRICT 563125. …PETITIONER (BY SRI. HITESH D.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE POLICE INSPECTOR CHINTHAMANI TOWN POLICE STATION CHIKKABALLAPURA DISTRICT 563125. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35648 WP No. 25555 of 2025 2. THE SUPERINTENDENT OF POLICE MARIMAKALAHALLI CHIKKABALLAPURA DISTRICT 562101. …RESPONDENTS (BY SMT.K.P. YASHODHA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1. DIRECTING TO THE RESPONDENT NOS. 1 AND 2 TO PROVIDE PROTECTION TO THE PETITIONER IN THE PETITION SCHEDULE LAND BY CONSIDERING HIS COMPLAINT DATED 01/08/2025 ANNEXURE-A IN COMPLIANCE OF CIRCULAR DATED 14/11/2018 BEARING NO. CRM-3/105/2018 ISSUED BY THE OFFICE OF THE DIRECTOR GENERAL OF POLICE, KARNATAKA STATE, BENGALURU. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:35648 WP No. 25555 of 2025 ORAL ORDER The petitioner asserts ownership of an immovable property with a particular dimension in Ward No.2, Chintamani Town, Chikkaballapura District, and the petitioner alleges that when he was engaged in demarcating the boundaries of his property, a certain Ravichari, son of Ramachandrachari obstructed such work administering threats. This is the cause for the petitioner to seek directions to the jurisdictional police to extend protection to his property. 2. Sri Hitesh D, the learned counsel for the petitioner, proposes to rely upon the Circular dated 14.11.2018 issued by the office of the Director General and Inspector General of Police [DG & IGP] stipulating the circumstances and the manner in which the police must intervene when there is a dispute over immovable property. The learned counsel submits that the DG & IGP has emphasized - 4 - HC-KAR NC: 2025:KHC:35648 WP No. 25555 of 2025 that title documents must get precedence and must be accepted as proof of title. 3. Smt. K P Yashodha, a learned Additional Government Advocate, is heard in the light of these assertions. This Court must opine that the circumstances relied upon by the petitioner presents a civil dispute between himself and another, and that if there is a civil dispute, the petitioner must work out his remedy in a properly instituted suit before rushing to this Court for police protection and even if there is any injunction order and there is difficulty in securing obedience with such order, the petitioner must approach the competent Court with a specific application for direction. 4. This Court must next observe that only when such specific direction is issued by the competent Court, the petitioner can approach the jurisdictional police who will have to act strictly in accordance with the terms of the Circular dated - 5 - HC-KAR NC: 2025:KHC:35648 WP No. 25555 of 2025 14.11.2018. As such, the petition must be disposed of without prejudice to the petitioner to avail remedies available in law, and the petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE AN/-