- 1 - HC-KAR NC: 2026:KHC-D:591 WP No. 100967 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.100967 OF 2025 (GM-POLICE) BETWEEN: SRI. LT COL EMMANUEL PAVITRADARSHAN DAYAL S/O. BARNBAS, AGE 67 YEARS, OCC. RETIRED LT. COLNEL, R/O. NO.52, MARSHAL VILLA, BANGALORE-56007. - PETITIONER (BY SRI. SANTOSH NARGUND, ADVOCATE) AND: 1. THE POLICE COMMISSIONER, HUBBALLI-DHARWAD, HUBBALLI-580025. 2. THE STATION HOUSE OFFICER, VIDYANAGAR POLICE STATION, HUBBALLI-20. - RESPONDENTS (BY SMT. GIRIJA S.HIREMATH, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO TAKE IMMEDIATE ACTION TOWARDS THE COMPLAINT LODGED BEFORE THE VIDYANAGAR POLICE STATION BY THE PETITIONER VIDE ANNEXURE-D, DATED 01.03.2023, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:591 WP No. 100967 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayer: “WHEREFORE it is prayed that this Hon'ble Court be pleased to issue: a. Writ of Mandamus directing the respondents to take immediate action towards the Complaint lodged before the Vidyanagar Police Station by the petitioner vide ANNEXURE-D, dated 01/03/2023, in the interest of justice and equity. b. Issue any other appropriate Writ or Order or directions which deems fit to grant by this Hon'ble Court, in the facts and circumstances of the case.” 2. The facts of the case are that one D.S. Kirby, earlier a resident of Keshwapur, Hubli, during his lifetime acquired several properties in many areas of Hubli. The largest portion of the property was purchased in Unkal Village. He passed away intestate on 04.06.1977. D.S. Kirby is survived by one son and three daughters, who are married, have their children and have settled in Malaysia. The petitioners have received the G.P.A. from the legal heirs of D.S. Kirby on 17.10.2022. It is stated that they have filed a complaint before the Viydyanagara Police Station on 01.03.2023 against Venkareddy Kiresur of Unkal village and the - 3 - HC-KAR NC: 2026:KHC-D:591 WP No. 100967 of 2025 police failed to register the complaint which made him to file this petition. 3. The counsel appearing for the petitioner has drawn the attention of the court to the complaint. As per the complaint, they found a registered sale deed document No. 7910 executed on 15.12.2008. According to them, when Vincent Kirby passed away on 15.07.2003 in Malaysia how this document has come into force is questioned. The Police ought to have registered the complaint. Hence they are seeking a mandamus directing the police to register the complaint. 4. It is submitted that the petitioner has already filed a civil suit. The complaint is given in the year 2023. If the police are not registering the FIR, petitioner has a remedy to file a private complaint which he has not availed till now, as well as he can make a representation to the higher authorities. In a mechanical manner, this Court cannot direct the Police to register a complaint and that too in the facts and circumstances, where the complaint is given in the year 2023. Accordingly this Court is passing the following: - 4 - HC-KAR NC: 2026:KHC-D:591 WP No. 100967 of 2025 ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedies. ii. All I.As. in this petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI BVV CT: UMD List No.: 1 Sl No.: 41