- 1 - HC-KAR NC: 2026:KHC:27507 WP No. 5838 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION No. 5838 OF 2023 (GM-POLICE) BETWEEN: 1. SMT. ASHWINI, W/O SRI NVEEN CHANDRA, AGED ABOUT 32 YEARS, 2. SMT. ANASOOYA DEVADIGA, W/O LATE SHEKAR DEVADIGA, AGED ABOUT 71 YEARS, 3. SRI NAVEEN CHANDRA, S/O LATE SHEKAR DEVADIGA, AGED ABOUT 44 YEARS, ALL THE ABOVE ARE R/AT No.2-81, GANADA BETTU MANE, SOODA VILLAGE AND POST, KARAKALA TALUK, UDUPI DISTRICT 574116. …PETITIONERS (BY SRI KIRAN N., ADVOCATE) AND: 1. THE TAHASILDAR, AND TALUK EXECUTIVE MAGISTRATE, KARKALA TALUK, UDUPI DISTRICT -574104. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27507 WP No. 5838 of 2023 2. THE SUPERINTENDENT OF POLICE, UDUPI DISTRICT, UDUPI 576101. 3. THE INSPECTOR OF POLICE KARKALA CIRCLE, KARKALA TALUK, UDUPI DISTRICT 574104. 4. THE SUB INSPECTOR OF POLICE, KARKALA RURAL POLICE STATION, UDUPI DISTRICT 574104. (REPRESENTED BY S.P.P, HIGH COURT OF KARNATAKA) …RESPONDENTS (BY SRI MANJUNATH RAYAPPA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED BY THE R-1 ARISING OUT OF THE IMPUGNED NOTICE No.MAGSR- 193/2022-23 DATED 07.03.2023 IN ANNEXURE-A. TO DIRECT THE R2 TO 4 TAKE APPROPRIATE ACTION AGAINST THE REPORT OF THE PETITIONER No.1 AS PER ANNEXURE-N SERIES. TO DIRECT THE R-4 TO PAY AN CONSOLIDATED COMPENSATION OF RS.5,00,000 FOR THE SUFFERANCE OF MENTAL AGONY BY THE ABUSE OF POWERS OF THE R-4. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 3 - HC-KAR NC: 2026:KHC:27507 WP No. 5838 of 2023 ORAL ORDER Petitioners are before this Court being aggrieved by the order at Annexure-A1 in and by which the respondent No.1 has initiated the proceedings under Sections 107, 108, 109, 110, 116 and 147 (3) of the Criminal Procedure Code. 2. Learned counsel for the petitioners submits that the petitioners apprehending trouble at the hands of the rival parties had filed a petition before this Court in W.P.No.3772/2023 seeking police protection and this Court by order dated 17.02.2023, upon the submissions made by the learned AGA of taking necessary action in the matter in terms of clause 10 of the Government Order dated 14.11.2018 had directed the concerned to address the grievance of the petitioner. 3. He further submits that there is pending civil litigation in respect of an immovable property bearing Sy.No.99, situated at Sooda Village, Kasaba Hobli, Karkala Taluk, Udupi District between the petitioner and his rival group and the respondent- authorities without providing the protection as sought for have - 4 - HC-KAR NC: 2026:KHC:27507 WP No. 5838 of 2023 initiated the proceedings under Section 107 of Cr.P.C. Hence, he seeks for quashing of the impugned proceedings. 4. Learned AGA on the other hand submits that since the dispute between the petitioner and rival group is affecting the peace and tranquility of the locality, the respondent No.1- Tahsildar has initiated the proceedings and the petitioner is at liberty to furnish such details as may be required and satisfy the requirement of law before the respondent No.1-Tahsildar. Hence, seeks for dismissal of the petition. 5. Heard and perused the records. 6. There is no dispute even according to the pleading of the petitioner, there appears to be certain dispute pertaining to certain land in Sy.No.99, situated at Sooda Village, Kasaba Hobli, Karkala Taluk, Udupi District and suit in O.S.No.133/2022 is pending consideration. 7. It appears from the records, the said disputes seem to have spiraled out constraining the respondent No.1-Tahsildar to initiate the proceedings under Section 107 of Cr.P.C. Initiation of proceeding under Section 107 Cr.P.C is subject to the - 5 - HC-KAR NC: 2026:KHC:27507 WP No. 5838 of 2023 satisfaction of the respondent No.1-Tahsildar of there being a threat to the public peace and tranquility in the area. 8. Except stating that there is an order passed by this Court on earlier round of litigation directing the respondent- Authority to consider providing him protection, no other ground is urged questioning the legality or otherwise of the impugned proceedings. 9. This Court does not see any ground to interfere at this juncture, petitioners are at liberty to appear before the respondent No.1-Tahsildar and place their case for consideration in accordance with law. Petition is disposed of accordingly. SD/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 24