Petitioner sought writ direction to Police to act against private respondents disturbing peace. Court noted pending civil litigation. Relying on coordinate bench observation, Court held no direction could be issued as police cannot interfere in property disputes or civil litigations.
Writ petition disposed of; no direction issued to respondents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF SEPTEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.15230 OF 2021 (GM-POLICE)
BETWEEN:
…PETITIONERS
(BY SRI. FAYAZ SAB B.G., ADVOCATE)
AND:
2
(BY SRI. VINOD KUMAR M., AGA)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS No.2 AND 3 TO INITIATE STERN/STRINGENT ACATION AGAINST THE CULPRIST/RESPONDENTS No.4 TO 9 WHO ARE ILLEGALLY TRYING TO DISTURB THE PEACE AND TRANQUILITY IN THE LOCALITY OF ORDER DTD:25.06.2015 PASSED IN W.P.Nos.24661-62/2015 (GM-POLICE AS PER ANNEXURE-E AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are knocking at the doors of Writ Court
for seeking a direction to the respondents No.2 & 3 to initiate stern/stringent action against the culprits/respondents No.4 to 9 who are allegedly trying to disturb the peace & tranquility in the locality; he seeks redressal of his grievance placing reliance on the observation of a Co-ordinate Bench of this Court made in W.P.Nos.24661-24662/2015 (GM-POLICE) between Sri. Syed Moulan v/s The State of Karnataka and others, disposed off on 25.06.2015, copy whereof is at Annexure-E.
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terms of his representation dated 09.08.2021, a copy whereof is at Annexure-C is in the nature of injunctive relief to be granted at the hands of the police and that police do not possess such powers; therefore, the Writ Petition is misconceived, contends he, further.
"4. Though such a contention is urged, the very fact that the petitioner is seeking such direction against the 3rd respondent, in the light of the pendency of RA No.235/2005 would disclose that there is a civil litigation between the petitioner and the private respondents herein. In that light, if the petitioner makes out any grievance with the 3rd respondent relating to the immovable property, certainly the 3rd respondent cannot interfere in that regard at this juncture. Hence, in the nature of the complaint that has been made, no direction could be issued at present. It at all there is any law and order problem in the area of if any person indulges in committing any cognizable offence, in such event, if any complaint is made to that effect, the 3rd
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respondent would look into the same in accordance with law.
In terms of the above, the petitions stand disposed of."
In view of the above observation, this Writ Petition is
also disposed off with whatever arguable relief that emerges therefrom.
No costs.
Sd/JUDGE
GRD/RH
2 issues framed by the court
Whether direction to police to take action against private parties disturbing peace is maintainable when civil litigation is pending.
Whether petitioners are entitled to injunctive relief from police authorities against private respondents.
Colour shows how this judgement treated each authority
Sri. Syed Moulan v/s The State of Karnataka and othersDistinguished¶2
W.P.Nos.24661-24662/2015 (GM-POLICE)
2 provisions across 1 enactments
Basavaraju
Anwar Pasha
State of Karnataka
Superintendent of Police, Tumakuru District
Sub Inspector of Police, Kora Police Station
Jayamma
Krishna S. Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
