- 1 - HC-KAR NC: 2026:KHC:16081 WP No. 19020 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 19020 OF 2023 (GM-POLICE) BETWEEN: 1. SRI. AMITH C.M S/O DR. MUNIYAPPA C AGED ABOUT 39 YEARS, RESIDING AT FLAT NO. 101 C.R.J RESIDENCY OPP. MAITHRI LAYOUT, NEAR HOPE FARM CIRCLE, WHITEFIELD, BANGALORE - 66. 2. SRI. JAIPRAKASH GANAPATHRAO KHUBA S/O GANAPATHRAO KHUBA AGED ABOUT 54 YEARS, RESIDING AT NO. 112 "F" BLOCK,SNN RAJ GRANDURE, NEAR JAKI FACTORY, VTC BANGALORE SOUTH P.P. BOMMANAHALLI, BANGALORE - 560 068. 3. SRI. P.R. HARISH KUMAR S/O B. RAMAIAH, AGED ABOUT 47 YEARS, R/AT NO. 520, 18TH MAIN, 23RD CROSS, JUDICIAL LAYOUT, YELAHANKA, BENGALURU - 68. 4. SMT. M. CHANDRA MUKHI W/O SRI. CHANDRAPPA Y, AGED ABOUT 66 YEARS, RESIDING AT KURUDI VILLAGE, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16081 WP No. 19020 of 2023 HOUSUR HOBLI, GOWRIBIDNUR TALUK, CHIKKABALLAPURA DISTRICT - 561 210. …PETITIONERS (BY SRI. KALYAN R, ADVOCATE) AND: 1. THE COMMISSIONER OF POLICE INFANTRY ROAD, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER OF POLICE NORTH EAST DIVISION, BENGALURU - 560 064. 3. THE ASSISTANT COMMISSIONER OF POLICE YELAHANKA, BENGALURU - 560 064. 4. THE INSPECTOR OF POLICE YELAHANKA NEW TOWN, BENGALURU - 560 064. 5. SMT. VENKATAMMA W/O LATE HANUMAIAH AGED ABOUT 58 YEARS, 6. SRI. MARUTHI S/O LATE SRIRAMAPPA AGED ABOUT 40 YEARS BOTH ARE R/AT ALLALASANDRA VILLAGE GKVK POST, YELAHANKA HOBALI YELAHANKA TALUK, BANGALORE - 560 065. …RESPONDENTS (BY SRI. MANJUNATH K, HCGP FOR R1 TO R4; SRI. UNNIKRISHNAN M, ADVOCATE FOR R5 AND R6) - 3 - HC-KAR NC: 2026:KHC:16081 WP No. 19020 of 2023 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 TO 4 TO REGISTER A CASE AGAINST THE PERSONS WHO ARE NAMED IN THE COMPLAINT BY REGISTERING FIR PURSUANT TO THE COMPLAINT DTD 01.08.2023 AS PER ANNEXURE-G TO G-14 TO THE WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayers: "(i) Issue a writ of mandamus or any other writ other writ or direction by directing the respondents No. 1 to 4 to register a case against the persons who are named in the complaint by registering FIR pursuant to the Complaint dated 01.8.2023 as per Annexure-G_to G-14 to the writ petition. (ii) To pass such other order/s as deems fit by this Hon'ble court under the facts and circumstances of this Hon'ble court, in the interest of justice and equity." - 4 - HC-KAR NC: 2026:KHC:16081 WP No. 19020 of 2023 2. It is the contention of the learned counsel for the petitioners that the respondents are high-handedly interfering with and trespassing on the property. In this regard, complaints have been lodged with the jurisdictional police; however, no action has been taken. It is further submitted that the petitioners have also approached higher authorities, but no action has been taken. It is also submitted that the petitioners have already filed a civil suit and have obtained an order of injunction. 3. Learned High Court Government Pleader appearing for respondent Nos. 1 to 4 submits that after filing of the complaint, the petitioners have filed a civil suit and therefore, they can pursue appropriate reliefs against the respondents in accordance with law in the said proceedings. 4. Having heard the learned counsel on either side, perused the material on record. 5. When the complaint is given to the police it is the bounden duty of the police to conduct investigation. Just because the civil suit has been filed, that cannot be a reason - 5 - HC-KAR NC: 2026:KHC:16081 WP No. 19020 of 2023 for the police not to register the complaint. The writ petition was filed in the year 2023. No doubt, the inaction on the part of the respondents can be questioned. At the same time, for redressal of the grievance, the petitioners have an effective alternative remedy of filing a private complaint before the Jurisdictional Magistrate. Right from the year 2023 till date, this petition is pending before the court. 6. Admittedly, the petitioners have not filed any private complaint. It is further their case that, even as of now there is continued interference and high-handed action on the part of the respondents. It is stated that from the year 2023 to 2026 several causes of action have arisen and complaints have been lodged with the police. In the considered opinion of this Court, a complaint that is filed in the year 2023, giving a direction in the year 2026, is not appropriate. If the petitioners have any cause of action he is always at liberty to avail the appropriate and alternative remedy in accordance with law. 7. In that view of the matter, this Court is passing the following: - 6 - HC-KAR NC: 2026:KHC:16081 WP No. 19020 of 2023 ORDER i. Accordingly, the writ petition is disposed of, giving liberty to the petitioner to avail the alternative remedy. ii. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 10