The court disposed of a writ petition seeking directions for police action in a property dispute. It directed the SHO to verify allegations of trespass and act accordingly under Laxmi Devi guidelines.
Direction to SHO to verify trespass allegations and take action if found true; petition otherwise disposed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 5192 OF 2023 (GM-POLICE)
BETWEEN:
…PETITIONERS
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
(BY SRI. FAYAZ SAB B.G, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. VIVEK HOLLA, ADVOCATE FOR R5 AND R6; SRI. MANJUNATH K, HCGP FOR R1 TO R6)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INIDA PRAYING TO CALL FOR THE RECORDS PERTAINING TO THE CASE AND DIRECTING THE R-2 AND 3 TO INITIATE STERN/STRINGENT ACTION AGAINST THE R-5 AND 6 AND THEIR HENCHMEN WHO ARE ILLEGAL TRYING TO DISPOSSESS CRUCIAL MATERIALb EVIDENCE OF PHYSICAL POSSESSION OF THESE PETITIONERS OVER THE SCHEDULE PROPERTY , AS PER COMPLAINT DATED 19.01.2023 WHICH IS PRODUCED AND MARKED AS ANNX-Y AND ETC.,
NC: 2023:KHC:41944 WP No. 5192 of 2023
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are before this Court seeking the following
prayers:
"i) TO, ISSUE A WRIT OF MANDAMUS , in the nature of Order or Direction, directing the Respondent Nos.2 and 3 to initiate stern/stringent action against the Respondent Nos.5 and 6 and their henchmen who are illegally trying to dispossess crucial material evidence of physical possession of these Petitioners over the Schedule Property, as per Complaint dated 19.01.2023, which is produced and marked as ANNEXURE-Y , in the interest of justice and equity..
ii) TO, DIRECT, the Respondent Nos.2 and 3 to remove the illegal encroachment made by the respondent Nos.5 and 6 on the spot of the incident to destroy material evidence of physical possession of these Petitioners and re-store the original position/status existing prior to 20.02.2023 in respect of the Schedule Property pending disposal of O.S.no.7762/2022 pending on the file of XXII Addl. City Civil & Sessions Judge, Bengaluru (CCH-7) produced wide Annexure-T, in the interest of justice and equity."
petitioner, Sri Manjunath K., learned High Court Government Pleader for respondent Nos.1 to 4 and Sri Vivek Holla, learned counsel for respondent Nos.5 and 6.
grant of police protection. The order is passed by the concerned Court directing grant of police protection to preserve and protect the property of the respondents. The suit is
decreed in favour of respondent Nos.5 and 6 against which, the petitioners have preferred M.F.A.No.2496/2023 before this Court, which is yet to come up for admission.
seeking police protection they are wanting possession of the property.
Ordered accordingly.
Sd/JUDGE
JY List No.: 1 Sl No.: 7 CT: BHK
2 issues framed by the court
Whether a writ of mandamus should be issued directing police to take action against alleged trespassers in a property dispute.
Whether the petitioners' prayer for police action constitutes an encroachment on the jurisdiction of the civil court.
Colour shows how this judgement treated each authority
Lalitha Kumari vs. Government of Uttar PradeshApplied¶43
(2014) 2 SCC 1 · Who else cites this
2 provisions across 1 enactments
Mr. Athique Ahmed
Mrs. Tahaseen Ara
State of Karnataka
Additional Commissioner of Police
Deputy Commissioner of Police
Mrs. Padma Dorairian
M. NAGRASANNA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
