SNN RAJ SERENITY APARTMENT OWNERS ASSOCIATION v. THE STATE OF KARNATAKA
WP/9069/2026 · 2026-06-17
Suraj Govindaraj
body2026
DailyLaw.ai
[ 2026 DAILYLAW 22841 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 22841 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:29536 WP No. 9069 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 9069 OF 2026 (GM-POLICE) BETWEEN:
1.
SNN RAJ SERENITY APARTMENT OWNERS ASSOCIATION HAVING OFFICE AT, MLCP, BASEMENT SNN RAJ SERENITY BEGUR MAIN ROAD YELENAHALLI BENGALURU-560068.
REPT. BY ITS PRESIDENT VIVEK PANDEY AGED ABOUT 46 YEARS.
…PETITIONER (BY SRI: AMIT ANAND DESHPANDE, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF HOME AFFAIRS VIDHANASOUDHA DR. AMBEDKAR ROAD HIGH COURT BUILDING BENGALURU-560001.
2.
DEPUTY COMMISSIONER OF POLICE BENGALURU SOUTH COMMISSIONER AT KORMANGLA BENGALURU -560047.
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:29536 WP No. 9069 of 2026
3.
STATION HOUSE OFFICER BEGUR POLICE STATION YELENAHALLI BENGALURU -560114/560068.
…RESPONDENTS (BY SRI: C H DEVARAJ, GOVT. ADVOCATE)
THIS WP IS FIELD UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS TO RESPONDENT NO.3 AND TO REGISTER FIR AGAINST THE ACCUSED PERSONS AS PER LAW; DIRECT RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION VIDE ANNEXURE-A DATED 14.01.2025 WITHIN A PERIOD OF 10 DAYS.
THIS WP, COMING ON FOR FINAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Petitioner is before this Court seeking for the following reliefs:
"i. By issuing writ of Mandamus to the 3rd respondent to register an F.I.R against the accused persons as per law.
ii. To direct the 2nd respondent to consider the representation vide Annexure-A dated 14.01.2025 within a period of 10 days.
iii. To pass such other orders or to issue such other directions as deemed fit in the peculiar
facts and circumstances of the case in the interest of justice and equity."
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HC-KAR NC: 2026:KHC:29536 WP No. 9069 of 2026
2. A perusal of the complaint filed by the petitioner indicates that the said complaint is filed by an Association as regards certain persons having forcefully uprooted banian tree, a sapling planted in the common area. It is on that basis, a complaint was filed before the jurisdictional police and the jurisdictional police had been called upon to register FIR.
3. Any dispute, inter se between the apartment owners is a civil dispute and cannot be given a colour of a criminal dispute as sought to be done in the present matter. An apartment complex would require community living and the residents of the said apartment complex have to live in harmony with each other. The filing of criminal complaint does not allow for such community living and that too as regards a matter which is exfacie civil in nature. Giving a tint of criminality to a civil dispute cannot result in this Court directing issuance of mandamus to register a FIR on such a civil dispute.
4. If there is any individual grievance of any person, it would be for that person to file appropriate complaints by making such appropriate allegations.
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HC-KAR NC: 2026:KHC:29536 WP No. 9069 of 2026
5. Reserving liberty to the petitioner to agitate all the civil disputes before the appropriate forum, the petition stands dismissed.
Sd/- (SURAJ GOVINDARAJ) JUDGE
BGN List No.: 1 Sl No.: 37