- 1 - HC-KAR NC: 2026:KHC:26535 WP No. 22155 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 22155 OF 2022 (GM-RES) BETWEEN: NANYAPPA POOJARY S/O ANNU POOJARY, AGED ABOUT 67 YEARS, R/AT KONGUJE HOUSE, KAKYAPADAV, ULI POST AND VILLAGE, BANTWAL TALUK, D K -574 326. …PETITIONER (BY SRI. DHANANJAY KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HOME AFFAIRS, M S BUILDING, BENGALURU-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE ASSISTANT COMMISSIONER MANGALORE, D K DISTRICT-575 001. 3. THE STATION HOUSE OFFICER POONJALKATTE POLICE STATION, BANTWAL TALUK, D K-574 326. 4. CIRCLE INSPECTOR OF POLICE BANTWAL TALUK, D K-574145 Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26535 WP No. 22155 of 2022 5. CHANDRASHEKAR S/O NANYAPPA POOJARY, AGED MAJOR, R/AT KONGUJE HOUSE, KAKYAPADAV, ULI VILLAGE AND POST, BANTWAL TALUK, D K -574326 …RESPONDENTS (BY SRI.MANJUNATH RAYAPPA, AGA FOR R1 TO R4; SRI. DEEPAK, ADVOCATE FOR SRI. A. KESHAVA BHAT, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO TAKE SUITABLE ACTION PURSUANT TO THE REPRESENTATION MADE BY THE PETITIONER DATED 01.03.2021 VIDE ANNEXURE-A, A 1 AND A-2 AND ALSO TO TAKE SUITABLE ACTION PURSUANT TO THE ORDER DATED 30.03.2021 PASSED BY THE ASSISTANT COMMISSIONER MANGALORE SUB DIVISION, D K IN NO.MSCCR 20/20-21 VIDE ANNEXURE-D, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER After arguing the matter for sometime, the learned counsel for the petitioner submits that if an undertaking is given by the respondent No.5 to the effect that he has no objection in petitioner residing along with him in the house - 3 - HC-KAR NC: 2026:KHC:26535 WP No. 22155 of 2022 subject matter of this petition, the purpose of the petition would be served. 2. In response learned counsel for the respondent-son bringing to the notice of this Court paragraph 5 of the statement of objections submits that there is no requirement of giving any undertaking inasmuch as the respondent No.5 in the statement of objections has expressly indicated his no objection for petitioner and mother of the respondent No.5(wife of the petitioner) residing in the house in occupation of respondent No.5. 3. Learned counsel for the petitioner further submits that respondent No.5 has never obstructed, prevented or refused the petitioner to stay in the house and he would not do the same anytime in future during his lifetime. 4. Heard and perused records. 5. The averments in paragraph 5 of the Statement of objections is as under: "5. The Respondent No.5 do not have any objection for petitioner and mother of the Respondent No.5 (Wife of - 4 - HC-KAR NC: 2026:KHC:26535 WP No. 22155 of 2022 the Petitioner) residing in the house in occupation of the Respondent No.5." 6. Thus, respondent No.5 do not have any objection for petitioner and mother of the respondent No.5(wife of the petitioner) residing in the house in occupation of the respondent No.5. 7. The aforesaid averments made in paragraph 5 of the statement of objections would suffice the requirement of the petitioner. Same is placed on record and in the light of submissions made by the learned counsel for the parties and contents of paragraph No.5 noted above, petition is disposed of. Sd/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 37