- 1 - HC-KAR NC: 2025:KHC-D:13966 WP No. 104009 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 104009 OF 2024 (GM-POLICE) BETWEEN: 1. PRAVEEN S/O. LAXMANRAO GAIDOLE, AGE: 48 YEARS, OCC: PRIVATE SERVICE, R/O: PLOT NO. 12, G.P.NO. 925(1310), KALMESHWAR NAGAR, KANGRALI B.K., BELAGAVI – 590 010. 2. SMT. NANDINI W/O. PRAVEEN GAIDOLE, AGE: 45 YEARS, OCC: HOUSEWIFE, R/O PLOT NO. 12, G.P.NO. 925(1310), KALMESHWAR NAGAR, KANGRALI B.K., BELAGAVI – 590 010. …PETITIONERS (BY SRI. VIJAYKUMAR B. HORATTI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, HOME DEPARTMENT, BY ITS ADDITIONAL SECRETARY (LAW AND ORDER), 2ND FLOOR VIDHAN SOUDHA, BENGALURU – 560 001. 2. THE DEPUTY COMMISSIONER OF POLICE (LAW AND ORDER) AND SPECIAL EXECUTIVE MAGISTRATE BELAAVI CITY, BELAGAVI, DIST: BELAGAVI – 590 001. 3. THE POLICE INSPECTOR, KAKATI POLICE STATION, BELAGAVI CITY, BELAGAVI – 590 001. …RESPONDENTS (BY SRI. V.S.KALASURMATH, AGA FOR RESPONDENTS) Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13966 WP No. 104009 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED NOTICE DATED 13/6/2024 ISSUED BY RESPONDENT NO.2 BEARING NO. MAG/CRPC/453/COP/BELAGAVI/2023, PRODUCED VIDE ANNEXURE-F. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING RESPONDENT NO.3 TO REGISTER COMPLAINT IN PURSUANT TO ANNEXURE-D, DATED 4/6/2024. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING RESPONDENT NO.3 TO GIVE POLICE PROTECTION TO PETITIONERS AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this court seeking the following prayer: A. to issue writ in the nature of certiorari by quashing the impugned notice dated 13/6/2024 issued by Respondent no.2 bearing no. MAG /CrPC/ 453/ COP/ Belagavi/2023, produced vide Annexure-F. B. to issue writ in the nature of mandamus directing Respondent no.3 to register complaint in pursuant to Annexure-D, dated 4/6/2024. C. to issue writ in the nature of mandamus directing Respondent no.3 to give Police Protection to Petitioners. D. to pass any other order, direction as deemed fit in the circumstances of the case. - 3 - HC-KAR NC: 2025:KHC-D:13966 WP No. 104009 of 2024 2. The Coordinate bench of this Court going to the submission made by the counsel for the petitioner had passed the following: This petition is filed assailing the notice issued by respondent No.2 under Section 107 of Cr.P.C. Petitioners are aggrieved by this notice issued under Section 107 of Cr.P.C. Petitioners claim to be the owners and assert that they are in lawful possession. From the record of rights for the year 2023-24 documented at Annexure-D, this court finds that petitioners are in possession of the land in question. Respondent No.3 has not taken cognizance of the complaint lodged by the petitioners alleging that there is a threat to life. On the contrary, respondent No.2 has issued notice under Section 107 of Cr.P.C. The order under challenge prima facie appears to be arbitrary and contrary to the principles governing Section 107 of Cr.P.C. If a citizen asserting possessery rights and alleges that there is threat to life has lodged a complaint, this court needs to examine as to whether respondent No.2 was justified in issuing a notice under Section 107 of Cr.P.C. The same needs reconsideration. Accordingly, execution and operation of the impugned notice dated 13.06.2024 issued by respondent No.2 is stayed, until further orders. Learned HCGP accepts notice for the respondents. Learned HCGP shall seek instructions in the matter and make his submission on the next date of hearing. 3. The learned AGA has produced the records pertaining to the case for perusal of the Court. The records would indicate that both the parties to the lis i.e. the - 4 - HC-KAR NC: 2025:KHC-D:13966 WP No. 104009 of 2024 complainant and the petitioner are going to settle the dispute and do not create any untoward incidents. 4. In that light, I deem it appropriate to dispose the petition noticing the fact of the undertaking given by the petitioner, reserving all liberty to knock at the doors of the appropriate forum in the event of need. 5. With the aforesaid observation the petition stands disposed of. Sd/- (M.NAGAPRASANNA) JUDGE RHR/CT-ASC List No.: 1 Sl No.: 120