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2026 DAILYLAW 44552 (KAR)

KALYANTOLL INFRASTRUCTURE LIMITED v. THE STATE OF KARNATAKA

WP/37735/2025 · 2026-10-05

C M Poonacha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010803742025 NC: 2026:KHC:55402 WP No. 37735 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 37735 OF 2025 (GM-POLICE) BETWEEN: 1. KALYANTOLL INFRASTRUCTURE LIMITED COMPANY INCORPORATED UNDER COMPANIES ACT 1956 VIDYADEEPNO 15/3 MANORAMAHANJ INDORE 452001(MP). 2. LANCO HOSKOTE HIGHWAY PRIVATE LIMITED, COMPANY INCORPORATED UNDER COMPANIES ACT 1956 ADMINISTRATIVE OFFICE AMMANI DODDANAKERE VILLAGE KASABA HOBLI NH-4, HOSKOTE BANGALORE RURAL 562114 BOTH REPRESENTED BY ITS AUTHORISED SIGNATORY SRI. VENKATA RAMAIAH S/O LATE SRI BALA RAMAIAH CHIEF TOLL MANAGER. PETITIONERS (BY SRI. RAJESWARA.P.N.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOMES, VIDHANA SOUDHA, BENGALURU 560 001. - 2 - HC-KAR CNR: KAHC010803742025 NC: 2026:KHC:55402 WP No. 37735 of 2025 2. THE SUPERINTENDENT OF POLICE KOLAR DISTRICT, KOLAR, KARNATAKA 561 101. 3. THE INSPECTOR OF POLICE VEMAGAL POLICE STATION, KOLAR- CHIKKABALLAPUR ROAD, VEMAGAL, KOLAR, KARNATAKA- 563 157. 4. SMT. R. GOWRAMMA AGED ABOUT MAJOR W/O C. SONNE GOWDA 5. SRI. C. SONNE GOWDA AGED ABOUT MAJOR BOTH R4 AND R5 ARE R/AT NO.24, 1ST CROSS, SANJAYNAGAR, BENGALURU- 560 064. RESPONDENTS (BY SRI. HARSHA. A.S., AGA FOR R1 TO R3; SRI. RAVI PRAKASH., ADVOCATE FOR R4 AND R5) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE RESPONDENTS NO.1 TO 3 TO PROVIDE POLICE PROTECTION TO THE PETITIONERS TO ENABLE THE THEM TO PEACEFULLY ACCESS THE PREMISES AND REMOVE THE MACHINERY AND EQUIPMENT AS DIRECTED BY THIS HONBLE COURT BY ITS ORDER DATED 17.04.2025 AT ANNEXURE-B AND ETC,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010803742025 NC: 2026:KHC:55402 WP No. 37735 of 2025 CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present writ petition is filed seeking for the following reliefs: "i) Issue a writ of mandamus directing the respondents No.1 to 3 to provide police protection to the petitioners to enable the them to peacefully access the premises and remove the machinery and equipment as directed by this Hon'ble Court by its order dated 17.04.2025 at Annexure-B. ii) Issue a writ of mandamus directing the respondents No.4 and 5 from not interfering/obstructing or restraining the petitioners from carrying out the relocation work by accessing the premises and removing the machinery and equipment belonging to the petitioner; and iii) 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. It is the case of the petitioners that when the petitioners were desirous of shifting their machinery in terms of the order dated 17.04.2025 passed in WP No.550/2024 (Annexure-B to the writ petition), they have been obstructed and hence, a request was made for grant of Police protection. 3. It is forthcoming that the petitioners were running a Hot Mix Plant in the property in question which was a rented Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010803742025 NC: 2026:KHC:55402 WP No. 37735 of 2025 premises. The obstruction was made by the owners, since the petitioners were in arrears of rent. 4. In view of the aforementioned factual matrix, the relief sought for in the present petition does not merit consideration. Accordingly, the writ petition stands dismissed. 5. This order will not preclude the petitioners from availing such remedies as permissible under law. 6. Pending IAs., if any, stand disposed of. (C.M. POONACHA) JUDGE PNV List No.: 2 Sl No.: 18 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA