- 1 - HC-KAR NC: 2025:KHC-D:15629 WP No. 107478 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107478 OF 2025 (GM-POLICE) BETWEEN: SRI. BORAIAH ALIYAS ULLAIAH S/O RODDA OBAIAH, AGE. 52, OCC. AGRICULTURE, R/O. POOJARAHALLI VILLAGE, TALUK. KUDLIGI, DIST. VIJAYANAGAR, PIN - 581 135. …PETITIONER (BY SRI. M.R.HIREMATHAD & SRI. PRAKASH R. BADIGER, ADVOCATE) AND: 1. STATE OF KARNATAKA, REP BY THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIDHAN SOUDHA, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, VIAJAYNAGAR DISTRICT, VIJAYANAGAR - 583 131. 3. THE THASHILDAR, OFFICE OF THE KUDLIGI TALUK, KUDLIGI TALUK, DIST: VIJAYANAGAR - 583 135. 4. OBAIAHA S/O. OBAIAHA, AGED ABOUT 49 YEARS, OCC. NIL, Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15629 WP No. 107478 of 2025 R/O. M.K.HATTI VILLAGE, TQ. KUDALAGI, DIST. VIJAYANAGAR - 583 126. 5. THE DEPUTY INSPECTOR OF POLICE HOSAHALLI POLICE STATION, KUDLIGI TALLUK, DISTRICT.VIJAYANAGAR – 583 135. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 11.09.2025, BEARING NO.SUM/KUM/M.A.G./16/2025-26 VIDE ANNEXURE-D. SEEKING WRIT OF MANDAMUS TO RESPONDENTS DIRECT THE RESPONDENTS NOT TO INTERFERE WITH PETITIONERS POSSESSION, CULTIVATING OR OWNERSHIP RIGHTS OVER THE BEARING SY NO.25/ * / * MEASURING 7A- 14 CENTS SITUATED AT GUDEKOTI HUBLI OF HURALIHAL VILLAGE AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15629 WP No. 107478 of 2025 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 of certiorari quashing the impugned order dated 11.09.2025, bearing No. SUM /KUM/ M.A.G. / 16/2025-26 vide Annexure-D. B. Seeking writ of mandamus to respondents Direct the respondents not to interfere with petitioners possession, cultivating or ownership rights over the bearing SY No.25/ * / * measuring 7A-14 Cents situated at Gudekoti Hubli of Huralihal village. C. Pass such other order/s as this Hon’ble Court deems fit, in the interest of justice and equity. 2. The petitioner is the plaintiff in O.S.No.89/1995 and suit is decreed in his favour. A Regular Appeal No.3/1999 filed by the defendants also comes to be rejected, affirming the judgment and decree passed in O.S.No.89 of 1995. Both these judgments are upturned by a Co-ordinate Bench of this Court in Regular Second Appeal No.5187/2009 and the matter is now pending before the Apex Court. 3. The issue in the lis is not with regard to the merit of the matter. The application is filed by the defendants or the appellants in RSA, who have succeeded seeking police protection. - 4 - HC-KAR NC: 2025:KHC-D:15629 WP No. 107478 of 2025 4. The learned counsel for the petitioner submits that the order could be executed and police protection should not have been granted. 5. The submission does not merit any acceptance. In the light of the circular issued by the State on 14.11.2018, a person, in whose favour an order by the Civil Court or any Court of law is subsisting, and there is threat in real time to those persons to the property or the life or limb, it is the duty of the State to give such protection. 6. The Tahasildar has accordingly ordered police protection in favour of the defendants therein or the appellants before this Court in the aforesaid RSA. 7. In that light, finding no merit in the petition, the petition stands rejected. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC List No.: 1 Sl No.: 58