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2026 DAILYLAW 51762 (KAR)

SRI RADHAKRISHNA URS H N v. STATE OF KARNATAKA

WP/37802/2025 · 2026-01-06

B M Shyam Prasad

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:989 WP No. 37802 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 37802 OF 2025 (GM-POLICE) BETWEEN: SRI RADHAKRISHNA URS H N S/O. LATE SRI. NANJARAJAURS, AGED ABOUT 59 YEARS, R/A. NO. 2788, 20TH CROSS, NEAR KAVERI CIRCLE, 2ND STAGE, HEBBAL, MYSORE - 570 016. ALSO AT SY. NO. 83, BIDARAHALLI VILLAGE, KANDALIKE HOBLI, SARAGURU TALUK, MYSORE 571 116. …PETITIONER (BY SRI. SHREERAM T NAYAK., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY VIDHANA SOUDHA, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:989 WP No. 37802 of 2025 BANGALORE - 560 001. 2. SARGUR POLICE STATION REPRESENTED BY STATION HOUSE OFFICER SARGUR, H.D.KOTE TALUK, MYSURU DISTRICT - 571121 …RESPONDENTS (BY SRI. RAVINDRANATH B, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO. 2 TO PROVIDE POLICE PROTECTION TO THE SCHEDULE PROPERTY ALONG WITH THE PETITIONER AND HIS FAMILY MEMBERS FROM THE ACCUSED IN CRIME NO. 54/2023, CRIME NO. 10/2024, CRIME NO. 82/2024, CRIME NO. 139/2025 AND CRIME NO. 157/2025. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2026:KHC:989 WP No. 37802 of 2025 ORAL ORDER The petitioner asserts ownership of land measuring 20 acres in Sy.No.83 of Bidarahalli Village, Kandalike Hobli, Saraguru Taluk, Mysore [the subject property] and seeks direction to the second respondent [the concerned Station House Officer] to give protection to him and his family members from those who are accused in Crime No.2/2025 and Crime No.157/2025. Mr. Shreeram T. Nayak, the learned counsel for the petitioner, submits the following to support the petitioner's case for direction as aforesaid. [A] The petitioner has filed a suit for permanent injunction in O.S.No.291/2024 with the civil Judge and JMFC, H. D. Kote [for short, 'the civil Court'] along with an application for temporary injunction against the concerned for restraining them from interfering with his possession of the subject - 4 - HC-KAR NC: 2026:KHC:989 WP No. 37802 of 2025 property. The civil Court has only issued emergent notice on the application along with the suit summons, and therefore, the petitioner has filed the petition in W.P.No.27569/2024. [B] This Court, on 14.10.2024, has granted interim order directing the respondents therein and the petitioner to maintain status quo stipulating that neither the petitioner nor others shall put up any construction or demolish standing structure in the subject property. [C] The concerned have continued to act in violation of this order, and therefore, the first information is lodged with the second respondent apart from filing an application for initiation of contempt proceedings, which is pending. - 5 - HC-KAR NC: 2026:KHC:989 WP No. 37802 of 2025 The question is whether this Court must intervene in the present petition and issue direction in the afore circumstance. This question is considered calling upon Mr. Ravindranath B, the learned Additional Government Advocate, to take notice for the respondents. This Court must first observe that the petitioner has not arrayed the defendants in the suit as parties to the present proceedings, and this Court must next observe that if there is any contravention of the direction by this Court to maintain Status Quo in W.P.No.27569/2024, the petitioner must necessarily seek orders in such petition as all circumstances would be presented for consideration in such proceedings. The present petition will only lead to multiplicity of proceedings, especially when the petitioner has also filed a contempt application. As such, without prejudice to the petitioner to prosecute the contempt application or further proceedings - 6 - HC-KAR NC: 2026:KHC:989 WP No. 37802 of 2025 subject to the orders in the contempt application, the petition stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE RB