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2026 DAILYLAW 4560 (KAR)

SREE BANASHANKARI MEENUGARARA SAHAKARA SANGHA NIYAMITHA R v. STATE OF KARNATAKA

WP/25343/2022 · 2026-03-17

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:15715 WP No. 25343 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 25343 OF 2022 (GM-POLICE) BETWEEN: 1. SREE BANASHANKARI MEENUGARARA SAHAKARA SANGHA NIYAMITHA ® 23RD WARD, AVARAGERE POST DAVANAGERE, DAVANAGERE DISTRICT REPRESENTED BY ITS PRESIDENT SRI S.PARAMESH 2. SREE BANASHANKARI MEENUGARARA SAHAKARA SANGHA NIYAMITHA ® 23RD WARD, AVARAGERE POST DAVANAGERE, DAVANAGERE DISTRICT REPRESENTED BY ITS SECRETARY SRI K.ANJANEYA &PETITIONERS (BY SRI. HAREESH BHANDARY T., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO HOME DEPARTMENT, VIDHANA SOUDHA BANGALORE -560 001 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15715 WP No. 25343 of 2022 2. THE SUPERINTENDENT OF POLICE DAVANAGERE-577 002 3. THE STATION HOUSE OFFICER VIDYA NAGARA POLICE STATION DAVANAGERE-577 002 4. TEH DEPUTY DIRECTOR OF FISHERIES AGRICULTURAL TECHNICAL CENTRE (REGD) SIDDAVEERAPPA LAYOUT, SHAMANUR ROAD BESIDES BAPUJI GUEST HOUSE DAVANAGERE -577 004 5. TEH ASSISTANT DIRECTOR OF FISHERIES AGRICULTURAL TECHNICAL CENTRE (REGD.) SIDDAVEERAPPA LAYOUT SHAMANUR ROAD, BESIDES BAPUJI GUEST HOUSE DAVANAGERE- 577 004 6. SRI NAGA @ UDEDI NAGARAJ S/O LATE KOTRAPPA AGED ABOUT 32 YEARS, R/O AVEREGERE WARD DAVANAGERE-577 002 7. SRI. KAREGOWDA L.K., S/O LOKIKERE KENCHAPPA AGED ABOUT 57 YEARS, R/O AVAREGERE WARD DAVANAGERE-577 002 8. SRI.SANNAMANJAPPA CHIGATERI S/O CHIGATERAPPA - 3 - HC-KAR NC: 2026:KHC:15715 WP No. 25343 of 2022 AGED ABOUT 58 YEARS, R/O AVAREGERE WARD DAVANAGERE-577 002 9. SRI GURALLI PARAMESH S/O LATE SHADAKAPPA AGED ABOUT 50 YEARS, R/O AVAREGERE WARD DAVANAGERE-577 002 10. SRI ITAGI UMESH S/O LATE SHIVANNA AGED ABOUT 45 YEARS, R/O AVAREGERE WARD DAVANAGERE-577 002 11. SRI ITAGI MANJUNATH S/O LATE SIDDAPPA AGED ABOUT 40 YEARS, R/O AVAREGERE WARD DAVANAGERE-577 002 12. SRI NAVEEN @ PUTTA S/O HANUMANTHAPPA POOJAR AGED ABOUT 28 YEARS, R/O AVAREGERE WARD DAVANAGERE-577 002 13. SRI M.D.HANUMANTHAPPA S/O LATE DYAMANNA AGED ABOUT 56 YEARS, R/O AVAREGERE WARD DAVANAGERE-577 002 14. SRI REVANASIDDAPPA KODAGANUR S/O LATE MANTHAPPA KODAGANUR - 4 - HC-KAR NC: 2026:KHC:15715 WP No. 25343 of 2022 AGED ABOUT 65 YEARS, R/O AVAREGERE WARD DAVANAGERE-577 002 15. SRI NAVEEN KODAGANUR S/O LATE DEVENDRAPPA AGED ABOUT 35 YEARS, R/O AVAREGERE WARD DAVANAGERE-577 002 16. SRI SHIVAKUMAR KODAGANUR S/O RAJAPPA KODAGANUR AGED ABOUT 40 YEARS, R/O AVAREGERE WARD DAVANAGERE-577 002 &RESPONDENTS (BY SRI.MANJUNATH K., HCGP FOR R1 TO R5 R13- SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R2 AND R3 TO PLACE THE COMPLAINTS DATED 18.11.2022, 19.11.2022 AND 01.12.2022 AT ANNEXURE G, E AND H RESPECTIVELY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 5 - HC-KAR NC: 2026:KHC:15715 WP No. 25343 of 2022 ORAL ORDER The present writ petition is filed seeking the following prayer: "PRAYER: WHEREFORE, it is prayed that this Hon'ble Court may be pleased to :- a) Issue writ of MANDAMUS or any other appropriate writ directing the respondent Nos. 2 and 3 to place the complaints dated 25.11.2022, 19.11.2022 and 01.12.2022 at Annexure 'G', 'E' & 'H' respectively before this Hon'ble Court, b) Issue writ of MANDAMUS or any other appropriate writ directing the 2nd respondent to hold a Departmental Enquiry against the 3rd respondent for not registering the FIR under section 154 of Cr.P.C, for dereliction of duty. c) Issue writ in the nature of DIRECTION directing the respondents No. 2 & 3 to extend the protection to the petitioner's society to conduct the fishing activities in terms of the lease/proceedings dated 01.07.2022 agreement at Annexure 'B'. d) Issue a Writ in the nature of direction directing the respondents No. 6 to 16 to suitably compensate, compensation of Rs.1,00,000/- loss caused due to the inaction on the part of respondents for infringement of Article 21 of the Constitution - 6 - HC-KAR NC: 2026:KHC:15715 WP No. 25343 of 2022 e) Issue such other relief/s as it deems fit to grant in favour of the petitioner by this Hon'ble Court in view of the facts and circumstances of the cases, in the interest of justice." 2. When the matter came up before this Court, the learned High Court Government Pleader appearing for respondent Nos.1 to 5 submits that it is the case of the petitioner that there is inaction on the part of the respondents. But, in fact the complaint is registered as Crime No.238/2022. Thereafter, B report is also filed before the Magistrate. It is submitted by the learned High Court Government Pleader that if the petitioner has any grievance against the respondents, his remedy is to file a private complaint but not before this Court. 3. Having heard the learned High Court Government Pleader appearing for respondent Nos.1 to 5, perused the entire material on record. As the crime is already registered, nothing survives for consideration in this writ petition. However, if the petitioners are aggrieved by any of the action on the part of the officer, he is at liberty to approach the appropriate forum. Hence, this Court is passing the following: - 7 - HC-KAR NC: 2026:KHC:15715 WP No. 25343 of 2022 ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedy. ii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 2