- 1 - HC-KAR NC: 2026:KHC:29402 WP No. 14469 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 14469 OF 2023 (GM-POLICE) BETWEEN: 1. SRI. NARAYANAPPA, S/O MUNISWAMY AGED ABOUT 63 YEARS, BHOVI CASTE MANUAL LABOURER BY PROFESSION R/O 1ST CIRCLE, B H ROAD, BHADRAVATHI SHIVAMOGGA DISTRICT PIN - 577 301. 2. SMT. VENKATALAKSHMI W/O NARAYANAPPA AGED ABOUT 58 YEARS, BHOVI CASTE MANUAL LABOURER BY PROFESSION R/O 1ST CIRCLE, B H ROAD, BHADRAVATHI, SHIVAMOGGA DISTRICTPIN 577 301. 3. SRI. JAGADEESH S/O NARAYANAPPA AGED ABOUT 32 YEARS, BHOVI CASTE MANUAL LABOURER BY PROFESSION R/O 1ST CIRCLE, B H ROAD, BHADRAVATHI SHIVAMOGGA DISTRICT PIN 577 301. …PETITIONERS (BY SRI. KARTHIK S TAYUR.,ADVOCATE) Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29402 WP No. 14469 of 2023 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU - 560 009. 2. KAVITHA THE SUB-INSPECTOR OF POLICE OLD TOWN POLICE STATION, BHADRAVATHI SHIVAMOGGA DISTRICT PIN 577 301. 3. CITY CIRCLE INSPECTOR OF POLICE OLD TOWN AND CITY DIVISION BHADRAVATHI SHIVAMOGGA DISTRICT 577 201. 4. RAGHAVENDRA KANDIKE AGED ABOUT 40 YEARS, FORMERLY CITY CIRCLE INSPECTOR OF POLICE, BHADRAVATHI NOW CIRCLE INSPECTOR OF POLICE HONNALI DAVANGERE DISTRICT 577 217. 5. CHELUVAMBIKE D/O KENCHAPPA AGED ABOUT 50 YEARS, R/O SIDDAROODANAGARA, BHADRAVATHI SHIVAMOGGA DISTRICT - 577 301. 6. KESHAVA S/O KENCHAPPA AGED ABOUT 66 YEARS, R/O SIDDAROODANAGARA, BHADRAVATHI SHIVAMOGGA DISTRICT - 577 301. - 3 - HC-KAR NC: 2026:KHC:29402 WP No. 14469 of 2023 7. THE SUPERINTENDENT OF POLICE SHIVAMOGGA DISTRICT SHIVAMOGGA SHIVAMOGGA DISTRICT - 577 201. 8. THE DEPUTY SUPERINTENDENT OF POLICE BHADRAVATHI SUB DIVISION BHADRAVATHI SHIVAMOGGA DISTRICT - 577 301. 9. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA SHIVAMOGGA DISTRICT - 577 201. …RESPONDENTS (BY SRI. SRINIVAS KUMAR., HCGP AND SRI. MAHANTESH SHETTAR., AGA FOR R1, R3, R7, R8, AND R9; SRI. B.S. PRASAD.,ADVOCATE FOR R5 AND R6) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 TO 4 AND 7 TO PAY COMPENSATORY DAMAGES OF RS. 15,00,000/- (RUPEES TWENTY LAKHS ONLY) FOR THE UNCONSTITUTIONAL, ARBITRARY AND OPPRESSIVE CONDUCT OF PUBLIC AUTHORITY ENTAILED BY THEIR ACTIONS DURING 16/10/2022, 23/10/2022 AND THE OBSTINATE REFUSAL TO RECORD THE FIR PERTAINING TO OFFENCES UNDER THE SC/ST PREVENTION OF ATROCITIES ACT, THE CASTE AND SOCIAL HUMILIATION WROUGHT UPON THE PETITIONERS BY THE POLICE R-2 TO 4 AND 7, THE MENTAL AGONY OF THE DESTRUCTION OF THE PETITIONERS HOUSE AND EXPULSION OF THE PETITIONERS ILLEGALLY FROM THEIR OWN PROPERTY INTER ALIA AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 4 - HC-KAR NC: 2026:KHC:29402 WP No. 14469 of 2023 ORAL ORDER Petitioners have filed the above writ petition seeking following reliefs; "1. Issue a WRIT ORDER directing the Respondents 2 to 4 and 7 to pay compensatory damages of Rs.15,00,000/- [Rupees Twenty Lakhs only] for the unconstitutional, arbitrary and oppressive conduct of public authority entailed by their actions during 16.10.2022, 23.10.2022, and the obstinate refusal to record the FIR pertaining to offences under the SC/ST Prevention of Atrocities Act, the caste and social humiliation wrought upon the Petitioners by the Police Respondents 2 to 4 and 7, the mental agony of the destruction of the Petitioners' house and expulsion of the Petitioners illegally from their own property inter alia. 2. Issue a WRIT ORDER directing the Respondents 2 to 4, 7 and 8 to pay exemplary damages of Rs.10,00,000/- [Rupees Ten Lakhs only] to the Petitioners for their unconstitutional arbitrary and oppressive subversion of the Rule of Law, towards deterrence of such systematic abuse of state authority in the service of criminal ends. 3. Issue a WRIT OF MANDAMUS to the Respondent No. 1 to provide administrative approval/sanction, lodge FIR and order investigation by an independent investigatory body into the offences committed by the Respondents 2 to 4 under: a. Under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989: Sections 3 (1) (f) [wrongful occupation of land allotted to SC/ST person], (g) [wrongful dispossession of SC/ST person from his land..], 3 (2) (va) [committing of offences against person or property specified in the Schedule], (vii) [being a public servant commits offences under this section], Section 4 (1) [Public Servant neglecting duties under the statute], (2) (b), (c), (e) [registration of complaint or FIR, to furnish a copy to complainant, to conduct investigation and file chargesheet within 60 days] - 5 - HC-KAR NC: 2026:KHC:29402 WP No. 14469 of 2023 b. Under the Karnataka Police Act, 1963: Under Section 118 (d) [Penalty for making false statement and misconduct of police officer] and Section 120 (a), (b) & (e) [Vexatious entry, search and arrest etc.,]. C. Under the Indian Penal Code, 1860: Under Section 166 [Public servant disobeying law with intent to cause injury], 166-A [Public servant disobeying direction under law], 141 [Unlawful Assembly], 147 [Punishment for rioting], 148 [Punishment for rioting armed with deadly weapon], 427, 452 [House trespass after preparation for hurt, assault or wrongful restraint] and 506 [Criminal Intimidation]. 4. Issue any other WRIT ORDER which this Hon'ble Court may be pleased to order in light of the considerations of justice, equity and good conscience." 2. Learned counsel for the petitioners after arguing the matter for sometime submits that though he has sought for several reliefs, he would restrict the relief only to the extent of prayer No.3(a) of the writ petition and he would not seek other reliefs. 3. Case of the petitioners is that, they are in occupation of government land in Sy.No.28 of Anehalla village, Bhadravathi Taluk. A Saguvali chit bearing No.2179/2003-2004 dated 04.07.2003 in respect of thereof has been granted in their favour by the concerned Tahsildar. That consequent upon issuance of said Saguvali Chit, there is a dispute between the petitioners and private respondent Nos.5 and 6. That on - 6 - HC-KAR NC: 2026:KHC:29402 WP No. 14469 of 2023 23.10.2022, respondent Nos.2 and 4 at the instance of aforesaid private respondents, along with 60 police personnel had, without any notice, intimation and without even following the procedure of law had come to the property of the petitioners with heavy equipments such as JCB and land mover machinery and demolished the house of the petitioners and flatten the entire property, destroying the movables found in the house. Being aggrieved by the said act, petitioners had filed a writ petition before this Court in W.P.No.22549/2022. Respondent No.2 had issued endorsement dated 10.12.2022, in response to the earlier notice that was issued by the petitioners intimating the action being taken only under the provisions of Indian Penal Code, without informing any action being taken under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'Act, 1989'). The said writ petition in W.P.No.22549/2022 came to be dismissed on 21.02.2023, reserving liberty to the petitioners to file a representation. Accordingly, petitioner No.3 filed representation as per Annexure-M to Deputy Commissioner. Copy of the same vide Annexure-N was forwarded to the Home Secretary, Home Department. - 7 - HC-KAR NC: 2026:KHC:29402 WP No. 14469 of 2023 4. Deputy Superintendent of Police, Badravathi had issued a notice under Section 91 of Cr.PC calling upon the petitioner to appear in person furnishing the proof of his entitlement over the aforesaid property. Deputy Superintendent of Police issued an endorsement dated 04.06.2023 vide Annexure-R to the effect that the dispute involved is civil in nature to be sorted out in a manner known to law. Being aggrieved by the inaction, petitioners are before this Court. 5. Learned counsel for the petitioners who as noted above has restricted the petition only in respect of prayer No.3(a), despite repeated questions unable to point out specific inaction on the part of respondents- authorities justifying grant of relief under prayer No.3(a). 6. The prayer No.3(a) is sought with reference to Annexure-M which was purportedly submitted pursuant to the earlier order passed by this Court in writ petition No.22549/2022. Perusal of the said representation indicates the same is given to the Deputy Commissioner, Shivmogga wherein narrating the averments similar to the one made in this writ - 8 - HC-KAR NC: 2026:KHC:29402 WP No. 14469 of 2023 petition, following relief is sought at para 12 of the said representation; "12. Therefore this representation seeking restoration of possession for rehabilitation of our aggrieved family for direction for illegal action including criminal investigation against offending officials who deployed more than 60 officer including lady SI and lady constable to perpetuate caste atrocities against our family and for damages of ₹ 20,00,000 for the harassment, criminal atrocities, humiliation, and emotional anguish inflicted by the officials at the behest of private upper caste criminals named above." 7. As noted above, counsel for the petitioners is unable to point out the specific provision of law which contemplates Deputy Commissioner to grant the relief as sought for in the aforesaid representation. However, counsel for the petitioner now submits that upon submission of such a representation by the petitioners, it was incumbent upon the authorities to have forwarded the same to the concerned officer to register a case under the provisions of Section 3 of Act, 1989. 8. Learned AGA appearing for the respondent Nos.1, 3, 7 , 8 and 9 submits that Section 3 of the Act, 1989 would not contemplate procedure of registering a case upon representation made to the Deputy Commissioner as sought to - 9 - HC-KAR NC: 2026:KHC:29402 WP No. 14469 of 2023 be done by the petitioners. That if at all the petitioners are aggrieved by the alleged action of the respondent No.2 and 4, it was open for the petitioners to have made a representation under Section 20(d)(5) of the Karnataka Police Act, 1963. He fairly submits if such a representation is made, the same will be looked into and appropriate orders will be passed. 9. Counsel appearing for the private respondent Nos.5 and 6 on the other hand submits that the petitioners are attempting to circumvent the legal consequences of pendency of a civil suit in O.S.No.310/2015 filed by the very petitioners, in which substantive relief in the nature of declaration, declaring the plaintiffs as the owners of suit property and subsequently grant occupancy rights, damages and consequently permanent injunction is sought for. Therefore, he submits any indulgence by the extrajudicial authorities would impede the process of dispensation of justice. Therefore, he seeks relief as sought for by the petitioners may not be granted. 10. Heard. Perused the records. - 10 - HC-KAR NC: 2026:KHC:29402 WP No. 14469 of 2023 11. As already noted above, representation given by the petitioners is only to the Deputy Commissioner with the copy to the Home Secretary, Home Department vide Annexures-M and N. 12. In that view of the matter, no grounds are made out. Petition lacks merit. Accordingly, same is dismissed. However, as noted above, petitioners are at liberty to seek remedy against the alleged high handed action of respondent Nos.2 and 4, if so advise as provided in Section 20(d)(5) of the Karnataka Police Act, 1963. SD/- (M.G.S. KAMAL) JUDGE NBM,RU List No.: 1 Sl No.: 2