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2025 DAILYLAW 85147 (KAR)

JAGADISH S/O BASAVARAJ HUMBI v. THE SUPERINTENDENT OF POLICE

WP/102366/2022 · 2025-12-08

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:17536 WP No. 102366 of 2022 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 102366 OF 2022 (GM-POLICE) BETWEEN: 1. JAGADISH S/O. BASAVARAJ HUMBI, AGED ABOUT 36 YEARS, OCC. AGRICULTURIST, R/O. YEREBUDIHAL VILLAGE, TQ. KUNDAGOL, DIST. DHARWAD. 2. SMT. BHUVANESHWARI W/O. KALLANAGOWDA PATIL, AGE. 53 YEARS, OCC. HOUSEWIFE, R/O. KATTIMANI BUILDING DESHPANDE NAGAR, HUBBALLI. 3. SMT. NEELAMBICA W/O. BASAVARAJ HUMBI, AGED ABOUT 68 YEARS, OCC.HOUSEHOLD, R/O. YEREBUDIHAL VILLAGE, TQ. KUNDAGOL, DIST. DHARWAD. …PETITIONERS (BY SRI. I.Y.PATIL, ADVOCATE) AND: 1. THE SUPERINTENDENT OF POLICE, GADAG, DIST. GADAG – 582 116. 2. DEPUTY SUPERINTENDENT OF POLICE, LAXMESHWAR CIRCLE, TQ. LAXMESHWAR, DIST. GADAG – 582 116. 3. POLICE INSPECTOR LAXMESHWAR, RURAL POLICE STATION, LAXMESHWAR, DIST. GADAG – 582 116. 4. SRI. MAHADEVAPPA S/O. BASAPPA KIRESUR, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Date: 2025.12.11 16:39:15 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17536 WP No. 102366 of 2022 AGE. 75 YEARS, OCC. AGRICULTURE, R/O. KOLIWAD VILLAGE, TQ. HUBBALLI, DIST. DHARWAD – 580 023. 5. SRI. BASAVARAJ S/O. MAHADEVAPPA KIRESUR, AGE. 52 YEARS, OCC. AGRICULTURE, R/O. KOLIWAD VILLAGE, TQ. HUBBALLI, DIST. DHARWAD- 580 023. 6. SRI. AMRISH S/O. BASAVARAJ HUMBI, AGE. 38 YEARS, OCC. AGRICULTURE, R/O. YEREBUDIHAL VILLAGE, TQ. KUNDAGOL, DIST. DHARWAD – 581 113. 7. SRI. GANGADHAR S/O BASAVARAJ HUMBI AGE. 39 YEARS, OCC. AGRICULTURIST, R/O. YEREBUDIHAL VILLAGE, TQ. KUNDAGOL, DIST. DHARWAD – 581 113. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NOS. 1 3 TO CONSIDER THE REPRESENTATION DATED 24.06.2022 PRODUCED AT ANNEXURE-F. IN THE INTEREST OF JUSTICE AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17536 WP No. 102366 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: A. Issue writ of mandamus directing the respondent Nos. 1 3 to consider the representation dated 24.06.2022 produced at Annexure-F. in the interest of justice. B. Issue any order or directions that are deemed fit and proper in the circumstances of the case in the interest of justice. 2. A Co-ordinate Bench of this Court on 06.07.2022 had passed the following order: “Office objection at Sl.No.28 is over-ruled. Learned HCGP is directed to take notice for respondents No.1 to 3. Issue emergent notice to respondents No.4 to 7. Learned counsel for the petitioner is directed to serve a copy of the petition on the learned HCGP. Learned HCGP is hereby directed to secure instructions from the respondent No.3-Police Inspector, Laxmeshwar Rural Police Station regarding the representation given by the petitioner on 24.06.2022 at Annexure-F. The petitioner has stated that there is a civil dispute going on between the petitioners and the respondents No.4 and 5 in R.A. No. 1/2019 on the file of the learned District Judge at Gadag and the Police officers should not insist that the petitioner should vacate and hand over possession of the landed property to respondents Nos.4 and 5 therein. Relist this matter on 20.07.2022.” - 4 - HC-KAR NC: 2025:KHC-D:17536 WP No. 102366 of 2022 3. The petition was preferred in the wake of the fact that the police were asking the petitioner to vacate the premises. Therefore, this Court protected the interests of the petitioner in terms of the aforesaid order. 4. The learned AGA now submits that the police are not and will not interfere in a civil dispute that is pending in R.A.No.1 of 2019 as is observed by the Co-ordinate Bench. 5. In the light of the said circumstance, reserving liberty to the petitioner to avail of the remedy of knocking at the doors of the appropriate fora in the event of need, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC List No.: 2 Sl No.: 27