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2025 DAILYLAW 90752 (KAR)

RAGHU K M v. THE STATION HOUSE OFFICER

WP/30570/2025 · 2025-11-17

D K Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:47289 WP No. 30570 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE D K SINGH WRIT PETITION NO.30570 OF 2025 (GM-POLICE) BETWEEN: RAGHU K. M., S/O MAHADEVAPPA, AGE ABOUT 42 YEARS, RESIDING AT NO. 4957, KHB COLONY NANJANGUD, MYSORE DISTRICT - 571301. …PETITIONER (BY SRI/SMT. SIDDAPPA V. D., ADVOCATE *) AND: 1. THE STATION HOUSE OFFICER, GANDASI POLILCE STATON, CHANNARAYAPATNA - ARSIKERE ROAD, ARSIKERE, HASAN DISTRICT, KARNATAKA - 573103. 2. CHANDRAPPA, S/O BETAPPA, RESIDENT OF KENKERE VILLAGE, GANDASI HOBLI, ARSIKERE TALUK, HASSAN - 573 103. …RESPONDENTS (BY SRI. M.N. SUDEV HEGDE, AGA FOR R1; V/O. DATED 13.10.2025, NOTICE TO R2 IS DEFERRED FOR NOW) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING RESPONDENT NO. 1-POLICE, GANDASI *'The word 'absent' is deleted'. Vide Chamber Order dated:27.11.2025. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47289 WP No. 30570 of 2025 POLICE STATION, CHANNARAYAPATNA-ARSIKERE ROAD, ARSIKERE TALUK, HASSAN DISTRICT, KARNATAKA, TO PROVIDE IMMEDIATE PROTECTION TO THE PETITIONER AND REMOVE RESPONDENT NO. 2, CHANDRAPPA S/O BETAPPA, FROM THE ILLEGAL POSSESSION OF THE PROPERTY BEARING SURVEY NO. 183/5, MEASURING 1 ACRE 30 GUNTAS AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH ORAL ORDER The petitioner has filed the present writ petition for following prayers: "WHEREFORE, in view of the foregoing facts and grounds, the Petitioner humbly prays that this Hon'ble Court may be pleased to: a) Issue a writ of mandamus or any other appropriate writ, order or direction directing Respondent No. 1- Police, Gandasi Police Station, Channarayapatna- Arsikere Road, Arsikere Taluk, Hassan District, Karnataka, to provide immediate protection to the petitioner and remove Respondent No. 2, Chandrappa S/O Betappa, from the illegal possession of the property bearing Survey No. 183/5, measuring 1 acre 30 Guntas. b) Direct Respondent No. 2, Chandrappa S/O Betappa, to vacate and refrain from interfering with or entering the Petitioner's Property until the final disposal of this Petition. c) Pass such other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice, - 3 - HC-KAR NC: 2025:KHC:47289 WP No. 30570 of 2025 equity, and to protect the lawful possession of the Petitioner. d) Award Costs of this petition to the Petitioner." 2. The petitioner is seeking an order of mandatory injunction against a private person i.e., respondent No.2. Such a writ petition is absolutely misconceived and cannot be maintained. Therefore, the Writ Petition is dismissed. Sd/- (D K SINGH) JUDGE NS CT:TSM List No.: 38 Sl No.: 61