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2026 DAILYLAW 44356 (KAR)

MOJIBUR v. THE COMMISSIONER OF POLICE

WP/28325/2026 · 2026-09-30

C M Poonacha

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010618202026 NC: 2026:KHC:54604 WP No. 28325 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 28325 OF 2026 (GM-POLICE) BETWEEN: 1. MOJIBUR C/O JABBAR AGED ABOUT 56 YEARS, R/O. KRISHNAPUR, VTC SAMSERGANJ, PO DHULIYAN, SUB DISTRICT SAMSERGANJ, DISTRICT MURSHIDABAD, STATE WEST BENGAL-742202. …PETITIONER (BY SRI. SIRAJUDDIN AHMED.,ADVOCATE) AND: 1. THE COMMISSIONER OF POLICE BENGALURU CITY, BENGALURU, KARNATAKA-560001. 2. THE SUPERINTENDENT OF POLICE, BENGALURU RURAL DISTRICT, BENGALURU, KARNATAKA-560052. 3. THE STATION HOUSE OFFICER, ATTIBELE POLICE STATION, BENGALURU RURAL DISTRICT, KARNATAKA-562107. …RESPONDENTS (BY SRI. HARISHA A S, AGA FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE - 2 - HC-KAR CNR: KAHC010618202026 NC: 2026:KHC:54604 WP No. 28325 of 2026 RESPONDENT NOS.1 TO 3, THEIR SUBORDINATE POLICE PERSONNEL, AGENTS OR ANY PERSON ACTING UNDER THEIR INSTRUCTIONS, NOT TO INTERFERE WITH, THREATEN, HARASS, INTIMIDATE, COERCE OR FORCIBLY DISPOSSESS OR EVICT THE PETITIONER, HIS WIFE AND CHILDREN FROM THE PREMISES IN HIS PEACEFUL POSSESSION PURSUANT TO THE RENTAL AGREEMENT DATED 2.05.2026, AND NOT TO PRESSURIZE OR COERCE THE LANDLORD SRI RAJAPPA TO UNLAWFULLY TERMINATE THE PETITIONERS TENANCY, NOR DEMOLISH, REMOVE, DAMAGE OR CAUSE REMOVAL OF THE SHED, BUSINESS MATERIALS, ARTICLES OR BELONGINGS OF THE PETITIONER VIDE ANNEXURE A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER 1. JUSTICE C.M. POONACHA ORAL ORDER 1. The present writ petition is filed seeking for the following reliefs: "a. Directing the Respondent Nos.1 to 3, their subordinate police personnel, agents or any person acting under their instructions, not to interfere with, threaten, harass, intimidate, coerce or forcibly dispossess or evict the Petitioner, his wife and children from the premises in his peaceful possession pursuant to the Rental Agreement dated 2.05.2026, and not to pressurize or coerce the landlord Sri Rajappa to unlawfully terminate the Petitioner's tenancy, nor demolish, remove, damage or cause removal of the shed, business materials, articles or belongings of the Petitioner Vide, ANDEXERE A. b. Direct the Respondents that any action concerning the Petitioner's identity, residence, nationality, immigration status, possession or occupation, if required, shall be Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 3 - HC-KAR CNR: KAHC010618202026 NC: 2026:KHC:54604 WP No. 28325 of 2026 undertaken only by the competent authority and strictly in accordance with the procedure established by law and after affording the Petitioner an opportunity to produce relevant documents and cooperate with such lawful inquiry, thereby protecting the Petitioner's life, liberty, dignity, peaceful possession, shelter and livelihood. c. Direct the Respondents to act upon and consider the Petitioner's representation in accordance with law, without resorting to any extra-legal or coercive measures. d. Pass any other order(s) which this court may deem fit and proper under the facts and circumstances of the case, in the interest of justice." 2. The petitioner seeks to assert right, title and interest by virtue of the Rental Agreement dated 02.05.2026 (Annexure-A to the writ petition). 3. In view of the same, the present writ petition is disposed of. 4. This order will not preclude the petitioner from availing remedies in substantive proceedings in accordance with law. (C.M. POONACHA) JUDGE BS List No.: 2 Sl No.: 41 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA