Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:26445 WP No. 15751 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 15751 OF 2026 (GM-POLICE) BETWEEN:
SMT LAXMI W/O SHIVA D/O DYAVEGOWDA @THAMMEGOWDA AGED ABOUT 46YEARS, OCC AGRICULTURIST AND HOUSE HOLD WORK R/AT HUNASETHOPPALU BOODITHITTU VILLAGE, HARANAHALLI HOBLI, PERIYANAPATNA TALUK MYSURU DISTRICT-571 107 …PETITIONER (BY SRI. HANUMANTHAPPA HARAVI., ADVOCATE)
AND:
1.
THE DIRECTOR GENERAL OF POLICE AND INSPECTOR OF GENERAL OF POLICE NRUPATHUNGA ROAD, BANGALORE-560002.
2.
THE SUPERINTENDENT OF POLICE MYSURU DISTRICT MYSURU-571 101
3.
THE POLICE CIRCLE INSPECTOR OF POLICE PERIYAPATNA, PERIYAPATNA TALUK, MYSURU DISTRICT-571 101
4.
THE POLICE SUB INSPECTOR BETTADAPURA POLICE STATION.
MYSURU DISTRICT-571 101
5.
DHARMA @KARIGOWDA, S/O HANUMEGOWDA, AGED MAJOR
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:26445 WP No. 15751 of 2026
R/AT BOODITHITTU VILLAGE, HARANAHALLI HOBLI, PERIYANAPATNA TALUK MYSURU DISTRICT-571107.
6. NAGA S/O LATE RAMA AGE MAJOR BOODITHITTU VILLAGE, HARANAHALLI HOBLI, PERIYANAPATNA TALUK MYSURU DISTRICT-571 107 …RESPONDENTS (BY SRI. DEVARAJ C.H., GA FOR R1 TO R4;
V/O DATED 3.6.2026 NOTICE TO R5 & R6 D/W)
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 QUAHSING OF ENDORSEMENT DATED 4-8- 2025 BEARING REFERENCE NO.GSC.NO.PO1604250600789 NO.LPET NO.765/2025 VIDE ANNEXURE-G ISSUED BY 4TH RESPONDENT PENDING DISPOSAL OF THE ABOVE WRIT PETITION AND ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Learned AGA accepts notice for respondents No.1 to
4. 2. Notice to respondents No.5 and 6 is dispensed with in view of the order proposed to be passed. 3. The petitioner is before this Court seeking for the following reliefs;
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HC-KAR NC: 2026:KHC:26445 WP No. 15751 of 2026
i) Issue a Writ in the nature of certiorari quashing of endorsement dated 4-8-2025 bearing reference No.GSC.No. PO1604250600789 No.LPET No.765/2025 vide Annexure-G issued by 4th Respondent pending disposal of the above writ petition. ii) Issue a writ in the nature of mandamus directing the 4th Respondent shall register a Criminal case against the respondent No.5 and 6 with immediate effect. iii) Issue a Writ or ordered or direction as this Hon'ble court deems fit under the Circumstance of case in the interest of justice and equity. 4. A suit for partition having been filed among the family members of the petitioner in OS No.56 of 2009, the same came to be decreed on 01.03.2010 holding each of the plaintiff and the defendants to be entitled for 1/5th share in the suit scheduled property. Alleging that respondent No.5 and 6 were interfering with the possession of the petitioner, the petitioner had approached respondents seeking for police protection which came to be rejected vide impugned endorsement dated 04.08.2025. It is challenging the same, the petitioner is before this Court seeking for the aforesaid reliefs. 5. Sri.Hanumanthappa Haravi., learned counsel for the petitioner submits that once the decree has been passed recognizing the right of the petitioner to have
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HC-KAR NC: 2026:KHC:26445 WP No. 15751 of 2026
1/5th share in the property. It was but required for the police authorities to provide police protection to the petitioner as against the interference resorted to by respondents No.5 and 6. 6. I am unable to accept the said submission made by the counsel for the petitioner inasmuch as respondents No.5 and 6 were neither parties to the suit in OS No.56 of 2009 nor are they claiming under anyone who was party to the said suit. 7. That being the case when they are third parties the said decree would not be binding on them, if at all there is any grievance of the petitioner against respondents No.5 and 6 as regard to interference or otherwise by respondents No.5 and 6.
It is always available for the petitioner to initiate such proceedings as are necessary against respondents No.5 and 6. 8. Reserving such liberty, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 49