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2025 DAILYLAW 85312 (KAR)

KALLAYYA S/O APPAYYA HIREMATH v. THE STATE OF KARNATAKA

WP/107579/2025 · 2025-10-15

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:13881 WP No. 107579 of 2025 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. 107579 OF 2025 (GM-POLICE) BETWEEN: KALLAYYA S/O. APPAYYA HIREMATH, AGE: 61 YEARS, OCC: AGRICULTURIST, R/O: KOGILAGERI, TQ: ALNAVAR, DIST: DHARWAD – 581 103, P/R KHB COLONY, OPP. TO KMF, DHARWAD, TQ AND DIST: DHARWAD – 580 002. …PETITIONER (BY SRI. NARAYAN V. YAJI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, BY ITS SECRETARY, AMBEDKAR VEEDHI, M.S.BUILDING, VIDHANSOUDHA, BENGALURU – 560 001. 2. THE DEPUTY COMMISSIONER, DHARWAD DISTRICT, DHARWAD – 580 001. 3. THE TASHILDAR, ALNAVAR TALUK, ALNAVAR, DHARWAD DISTRICT – 581 103. 4. POLICE SUB INSPECTOR, ALNAVAR POLICE STATION, ALNAVAR TALUK, DIST: DHARWAD – 581 103. …RESPONDENTS (BY SRI. V.S.KALASURMATH, AGA FOR RESPONDENT/STATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE ENDORSEMENT ISSUED BY THE 4TH RESPONDENT DTD. 07.10.2025 BEARING NO. 818/2025 VIDE ANNEXURE-H TO THE WRIT PETITION AS IT IS ILLEGAL AND UNSUSTAINABLE. CONSEQUENTLY ISSUE A WRIT IN THE NATURE OF RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka Dharwad Bench Date: 2025.10.18 12:17:04 +0530 - 2 - HC-KAR NC: 2025:KHC-D:13881 WP No. 107579 of 2025 MANDAMUS DIRECTING THE 4TH RESPONDENT TO PROVIDE POLICE PROTECTION IN PURSUANCE OF AN ORDER PASSED BY THIS HON’BLE COURT IN WP NO. 105797/2025 (KLR-REG) DATED 18.08.2025 VIDE ANNEXURE-E AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, 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. Issue a writ in the nature of certiorari and quash the endorsement issued by the 4th respondent dtd. 07.10.2025 bearing no. 818/2025 vide annexure-h to the writ petition as it is illegal and unsustainable. b. Consequently issue a writ in the nature of mandamus directing the 4th respondent to provide police protection in pursuance of an order passed by this Hon’ble Court in WP No. 105797/2025 (KLR-REG) dated 18.08.2025 vide Annexure-E. c. Issue a writ in the nature of mandamus, direction or declaration and pass such other orders, as this hon bel court deems fit under the facts and circumstances of the case, to meet the interest of justice and equity. 2. The petitioner is stated to have submitted an application before the competent authority seeking regularisation of unauthorised cultivation over, an extent of 15 acres in Survey No. 60 of Kogilageri village of Alnavar taluka. The petitioner had - 3 - HC-KAR NC: 2025:KHC-D:13881 WP No. 107579 of 2025 earlier approached this Court in W.P. No.105797/2025, which came to be disposed of with a direction to respondent No. 3 to consider the petitioner’s case and pass appropriate orders in accordance with law. 3. In the interregnum, it transpires that certain untoward incidents have occurred in the subject land, leading the petitioner to lodge a complaint before the Superintendent of Police, Dharwad. The petitioner also submitted a representation seeking police protection to safeguard the property and prevent interference by certain individuals. However, an endorsement dated 07.10.2025 was issued by the respondent police, declining to grant such protection. Hence, the petitioner has filed the present writ petition. 4. Learned counsel for the petitioner submits that the endorsement dated 07.10.2025, rejecting the request for police protection, is contrary to law, especially in light of the imminent threat to the life and limb of the petitioner and to the subject property. 5. Learned AGA, however, contends that if the threat perception is found to be genuine and not imaginary, the - 4 - HC-KAR NC: 2025:KHC-D:13881 WP No. 107579 of 2025 jurisdictional police would, without fail, provide protection to the petitioner’s life and property. 6. In light of the aforesaid submissions, I deem it appropriate to dispose of the petition with a direction to respondent No. 4 to consider the petitioner’s request and accord police protection, if a real-time threat to the petitioner’s life or property is found to exist. 7. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE AC/CT-ASC List No.: 1 Sl No.: 8