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2025 DAILYLAW 8236 (KAR)

M/S MANVI PATTANA SOUHARDHA SAHAKARI BANK NI. v. THE DISTRICT SUPERINTENDENT OF POLICE

WP/107427/2024 · 2025-01-27

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:1569 WP No. 107427 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107427 OF 2024 (GM-RES) BETWEEN: M/S. MANVI PATTANA SOUHARDHA SAHAKARI BANK NI. WARD NO. 19, M.NO.-4-5-95-100, VADDAR ONI, BUS STAND ROAD, GANGAVATHI- 583227, REPRESENTED BY ITS AUTHOURISED OFFICER KA. VIGNESHWARAN, AGE. 56, OCC. AUTHORISED OFFICER. …PETITIONER (BY SRI. K.V. LOKESH, ADVOCATE) AND: 1. THE DISTRICT SUPERINTENDENT OF POLICE, KOPPALA DISTRICT, KOPPAL- 583231. 2. THE CIRCLE INSPECTOR OF POLICE, GANGAVATHI TOWN POLICE STATION, GANGAVATHI- 583227. 3. THE THASILDHAR, GANGAVATHI, KOPPAL DISTRICT, KOPPAL- 583231. 4. JANTHKAL NAGARAJA S/O JANTHKAL AYYAPPA (MAJOR), WARD NO.28, NEAR ERANNA TEMPLE, HIREJANTHKAL, GANGAVATHI- 583227. 5. PRAKASH G. RAYKARA S/O GOKULDASA RAYKARA (MAJOR), WARD NO. 8, PRASHANTHA NAGARA, GANGAVATHI- 583227. VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.29 10:54:44 +0530 - 2 - NC: 2025:KHC-D:1569 WP No. 107427 of 2024 6. RAGHAVENDRA G. RAYKARA S/O GOKULDASA RAYKARA (MAJOR), WARD NO. 8, PRASHANTHA NAGARA, GANGAVATHI- 583227. 7. GANGADHARA S/O BASAPPA VANDALA (MAJOR), WARD NO. 5, KILLA AREA, GANGAVATHI- 583227. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, A. ISSUE A WRIT OF MANDAMUS BY ISSUING DIRECTIONS TO RESPONDENT NO.1, 2, AND 3 TO GIVE NECESSARY ASSISTANCE TO THE PETITIONER TO EXECUTE THE ORDER DATED. 18-03-2024 PASSED BY HON’BLE DISTRICT MAGISTRATE KOPPAL DISTRICT, KOPPAL. VIDE NO. CO.NO. 146542. FILE NO. REV-DCB-01-2024-25. VIDE ANNEXURE-A BY CONSIDERING PETITIONERS LETTER DATED. 21-03-2024 VIDE ANNEXURE-B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THERIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The short grievance of the petitioner is as to the alleged non-cooperation of the jurisdictional police in implementing the order dated 18-03-2024. 2. The learned AGA having accepted notice for the respondent Nos.1 to 3, submits that he would instruct his client to look into the grievance of the petitioner swiftly and in accordance with law. He also submits that since the - 3 - NC: 2025:KHC-D:1569 WP No. 107427 of 2024 property in which the security interest is created, is occupied by multiple persons, extra police force needs be deployed, and therefore the petitioner has to inform the police in advance; this is fair enough. 3. In the above circumstances, this writ petition is disposed of, directing the respondent Nos.1 to 3 to assist the Tahashildar in taking possession of the subject property immediately after petitioner makes the written request in that regard. 4. Non-compliance of this direction may result into multiple adverse entries being made in the Service Register of the police officials concerned. 5. Costs made easy. Sd/- (M.NAGAPRASANNA) JUDGE KGK List No.: 1 Sl No.: 15