Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010552862026 NC: 2026:KHC:45099 WP No. 25087 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 25087 OF 2026 (GM-POLICE) BETWEEN:
1.
SRI PRABHAKARA S/O MAHADEVAPPA AGED ABOUT 56 YEARS, OCC: AGRI.
R/AT CHIKKABBURU, KUPPAGADDE HOBLI, SORABA TQ, SHIVAMOGGA DIST-577429 …PETITIONER (BY SRI. PARAMESWARAIAH D. C.., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA R/P BY SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560001.
2.
THE SUPERINTENDENT OF POLICE SHIVAMOGGA, B.H ROAD, SHIVAMOGGA-577201.
3.
THE DEPUTY SUPERINTENDENT OF POLICE SHIKARIPURA, SHIVAMOGGA DIST-577427.
4.
THE POLICE SUB-INSPECTOR ANAVATTI POLICE STATION, SORABA TQ,
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010552862026 NC: 2026:KHC:45099 WP No. 25087 of 2026
SHIVAMOGGA DIST-577413
5.
THE TAHSILDAR, SORABA, SORABA TQ, SHIVAMOGGA DIST. 577429 …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENTS, IN PARTICULARLY 4TH RESPONDENT POLICE SUB-INSPECTOR, ANAVATII POLICE STATION, IMPLEMENT THE DIRECTION ISSUED BY THE TAHSILDAR SORABA DATED 20.11.2025 FORTHWITH, VIDE ANNEXURE-K,THEREBY, GIVE THE POLICE PROTECTION TO THE PETITIONER IN ACCORDANCE WITH LAW.
THIS PETITION, COMING ON FOR FRESH MATTER, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Learned Additional Government Advocate accepts notice for respondent nos.1 to 5.
2. Petitioner is before this Court seeking for the following reliefs: a) Issue a writ in the nature of mandamus, directing the respondents, in particularly 4th respondent Police Sub-Inspector, Anavatii Police Station, implement the direction issued by the Tahsildar
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HC-KAR
CNR: KAHC010552862026 NC: 2026:KHC:45099 WP No. 25087 of 2026
Soraba dated 20.11.2025 forthwith, vide Annexure-K thereby, give the Police protection to the petitioner in accordance with law. b) Pass any other order or directions which this Hon'ble Court deems fit under the facts and circumstanced of the case, in the interest of justice and equity.
3. The petitioner is before this Court contending that the jurisdictional police have not implemented the directions issued by the Tahsildar Executive Magistrate. The petitioner had filed a suit in O.S.No.236/2023 seeking for injunction against the defendants therein, an exparte ad-interim order was granted from causing interference with the obstruction in the possession of the suit schedule property.
4. Thereafter, the petitioner, contending that the defendants WERE interfering with the possession, had approached the Tahsildar and Taluk Magistrate for taking action.
5. It is rather strange that once the petitioner had approached the Civil Court, he had also approached the Tahsildar for necessary direction. When the matter is seized off by the Civil Court, the Tahsildar has issued an instruction to the police to take necessary action without indicating what that
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HC-KAR
CNR: KAHC010552862026 NC: 2026:KHC:45099 WP No. 25087 of 2026
necessary action is. When the matter was seized off by the Court, the Tahsildar could not have issued such a direction. If at all there is interference by the defendants, it is for the petitioner to have filed necessary applications either for contempt or for police help before the said Court which is seized off the matter, that could have passed necessary orders.
6. The Tahsildar, in the considered opinion of this Court, could not have issued such an omnibus, vague direction, and those vague directions cannot be
directed to be implemented by way of a mandamus.
7. No grounds being made out, the petition stands dismissed.
Sd/- (SURAJ GOVINDARAJ) JUDGE
GJM List No.: 1 Sl No.: 9