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2026 DAILYLAW 25241 (KAR)

SRI. H. P. VEDAVYASCHARYA v. THE STATE OF KARNATAKA

WP/9638/2026 · 2026-06-19

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30378 WP No. 9638 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 9638 OF 2026 (GM-POLICE) BETWEEN: 1. SRI. H. P. VEDAVYASCHARYA S/O LATE HAVERI PRANESH CHARYA AGED ABOUT 68 YEARS R/A. B91, SAMEERPURAM M.G.K.MURTHY LAYOUT APPURAO CROSS ROAD 6TH MAIN, CHAMRAJPET BANGALORE 560 018 2. SMT. LATHA.S. W/O H.P.VEDAVYASCHARYA AGED ABOUT 61 YEARS R/A. B91, SAMEERPURAM M.G.K.MURTHY LAYOUT APPURAO CROSS ROAD 6TH MAIN, CHAMRAJPET BANGALORE 560 018 …PETITIONERS (BY SRI:NARAYANA RAO, ADV FOR SRI:P N RAJESWARA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOMES VIDHANA SOUDHA BENGALURU 560 001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30378 WP No. 9638 of 2026 2. THE COMMISSIONER OF POLICE BENGALURU CITY INFANTRY ROAD BENGALURU 560 001. 3. THE DEPUTY COMMISSIONER OF POLICE BENGALURU SOUTH-WEST DIVISION BENGALURU UNIVERSITY RD. ITI LAYOUT 3RD PHASE MUTHARAYANA NAGAR GNANA BHARATHI BENGALURU-560056. 4. THE ASSISTANT COMMISSIONER OF POLICE SUBRAMANYAPURA SUB-DIVISION NO.23, OPP KUMARASWAMY POLICE STATION 1ST STAGE, KUMARASWAMY LAYOUT BENGALURU-560078. 5. THE STATION HOUSE OFFICER THALAGHATTAPURA POLICE STATION BENGALURU-560109. 6. SRI. YASHODHARA S/O N.RAMAKRISHNA AGED ABOUT 57 YEARS OCC: SUB INSPECTOR OF POLICE R/A 170, 2ND CROSS 7TH MAIN, SREENIVASANGAR BANGALORE 560 050. 7. SMT CHAYA S W/O YASHODHARA AGED ABOUT 52 YEARS OCC: WORKING AS DATA ENTRY OPERATOR IN COMMERCIAL TAXES DEPARTMENT R/A 170, 2ND CROSS 7TH MAIN, SREENIVASANGAR BANGALORE 560 050. - 3 - HC-KAR NC: 2026:KHC:30378 WP No. 9638 of 2026 8. SRI. LOKESH NAIK M.L S/O. LATE. SRI. LACHAMA NAIK AGED ABOUT 43 YEARS RESIDING AT NO.32/3 1ST MAIN ROAD V.V.NAGARA, VASANTHAPURA BENGALURU-560061. 9. SRI PREMA BAI W/O LOKESH NAIK M L AGED ABOUT 40 YEARS RESIDING AT NO.32/3 1ST MAIN ROAD V.V.NAGARA, VASANTHAPURA BENGALURU-560061. …RESPONDENTS (BY SRI: C H DEVARAJ, GA FOR R1 TO R5; SRI:R HEMANTH RAJ, ADV FOR R8 & R9; NOTICE TO R6 & R7 DISPENSED WITH V/O/DTD 3.6.26) THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NO.1 TO 5 TO PROVIDE POLICE PROTECTION TO THE PETITIONERS IN PREVENTING RESPONDENTS NO.8 AND 9 AND THEIR HENCHMEN FROM ENTERING UPON AND CARRYING OUT WORKS IN THE SUIT SCHEDULE PROPERTIES AS SOUGHT IN ANNEXURE-A AND B TO ENSURE COMPLIANCE WITH ORDER DATED 11.02.2025 IN OS.NO.3938/2025 PENDING ON THE FILE OF THE HONBLE LXXV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU AT ANNEXURE-E AND ETC., THIS WP, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 4 - HC-KAR NC: 2026:KHC:30378 WP No. 9638 of 2026 ORAL ORDER 1. Petitioners are before this Court seeking for the following reliefs: "i. Issue a writ of mandamus directing the respondents No.1 to 5 to provide police protection to the petitioners in preventing Respondent Nos.8 and 9 and their henchmen from entering upon and carrying out works in the suit schedule properties as sought in Annexure-A and B to ensure compliance with order dated 11.02.2025 in OS No.3938/2025 pending on the file of the Hon'ble LXXV Addl. City Civil and Sessions Judge, Bengaluru at Annexure-E; and ii. Pass such other orders as this Hon'ble Court deems fit to pass under the facts and circumstances of the case, in the interest of justice and equity." 2. The petitioners contend that the police have not granted protection to them to implement the order dated 11.02.2025 passed in OS No.3938 of 2015 by LXXV Additional City Civil and Sessions Judge, Bengaluru. The order passed by the Civil Court was challenged before this Court in MFA No.2756 of 2025 and this Court vide order dated 14.11.2025, had allowed the appeal and set aside the said order in terms of direction issued in paragraph 24 of the said order. This was taken up on appeal by the petitioners before the Hon'ble Supreme - 5 - HC-KAR NC: 2026:KHC:30378 WP No. 9638 of 2026 Court in SLP No.36810 of 2025. The Hon'ble Supreme Court vide its order dated 05.01.2026, stayed the order of the High Court and directed the parties to maintain status quo as on date with regard to Schedule-C property. 3. On the basis of the said order, the petitioners had approached jurisdictional police contending that in view of the said stay, the order of the Trial Court in OS No.3938 of 2015 is in full force and sought for implementation of the same and called upon the police to implement the said order passed by the Trial Court. 4. In my considered opinion, the said interpretation sought to be given by the petitioners is completely wrong and the same being agitated before this Court is a complete abuse of the process of Court, inasmuch as the order passed in OS No.3938 of 2015 had been modified by this Court in MFA No.2756 of 2025 and it is the modified order of this Court, which has been stayed and the parties have been directed to maintain status quo by the Hon'ble Supreme Court as on that date with regard to Schedule-C - 6 - HC-KAR NC: 2026:KHC:30378 WP No. 9638 of 2026 property. The stay of the order of this Court would not revive the order passed by the Trial Court. 5. The petitioners have sought to mislead the police authorities and now this Court by taking up such a contention. The respondent - police are directed to implement the order passed by the Hon'ble Supreme Court dated 05.01.2026 in SLP No.36810 of 2025 insofar as maintaining status quo in respect of Schedule-C property. 6. With the above observations, the petition stands dismissed by imposing cost of Rs.10,000/- on the petitioners payable to the Karnataka State Legal Service Authority, within a period of 4 weeks from today. 7. If it is not paid by 31.07.2026, the KSLSA shall be entitled to recover the same as arrears of land. Sd/- (SURAJ GOVINDARAJ) JUDGE BGN List No.: 1 Sl No.: 56