Dismissed

Sri Kariyanna v. the State of Karnataka

Karnataka HC1 Feb 2023WP/803/2023

Case brief

AI extract

What is this about?

This is a writ petition under Articles 226 and 227 of the Constitution of India for direction to police authorities to consider representations regarding interference with petitioner's possession, advised against it and disposed of it.

What did the court decide?

No relief granted. The petition was disposed of on acceptance of respondents' undertaking not to interfere except on specific complaints.

Sri Kariyanna Vs the State of Karnataka — Property and Title | Karnataka HC (2023)

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WP No. 803 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF FEBRUARY, 2023 BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 803 OF 2023 (GM-POLICE)

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BETWEEN:

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SRI. KARIYANNA, S/O LATE CHANNABASAVAIAH, AGED ABOUT 77 YEARS, R/A HORAKERE VILLAGE, C. KODIGEHALLI POST, C.S.PURA HOBLI, GUBBI TALUK, TUMAKURU DISTRICT-572 216.

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…PETITIONER

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(BY SRI. L. SREERANGAIAH, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU-560 001.

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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THE SUPERINTENDENT OF POLICE, TUMKUR DISTRICT, TUMAKURU-572 101.

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THE CIRCLE INSPECTOR OF POLICE, GUBBI CIRCLE, GUBBI, TUMAKURU DISTRICT-572 216.

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SRI. BABU N. KILARI,

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WP No. 803 of 2023

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THE POLICE SUB INSPECTOR, C.S. PURA POLICE STATION, GUBBI TALUK, TUMAKURU DISTRICT-562 120.

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SRI. RAMACHANDRA, THE ASST. SUB INSPECTOR, C.S.PURA POLICE STATION, GUBBI TALUK, TUMAKURU DISTRICT-562 120.

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SRI. GANGARAJU, THE ASST. SUB INSPECTOR, C.S.PURA POLICE STATION, GUBBI TALUK, TUMAKURU DISTRICT-562 120.

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…RESPONDENTS

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(BY SRI. M. VINOD KUMAR, AGA)

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THIS WRIT PETITION IS FILED UNDER SECTION 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 AND R2 TO CONSIDER THE REPRESENTATION AT ANNEXURE C AND D AGAINST THE R4 TO R6.

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THIS PETITION COMING ON FOR PRILIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard Sri. L. Sreerangaiah, learned counsel appearing for

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the petitioner, Sri. M. Vinod Kumar, learned AGA appearing for the respondents and have perused the material on record.

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WP No. 803 of 2023

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2. The petitioner is before this Court seeking the

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following prayers:

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"a. Issue writ of mandamus or any other appropriate Writ, direct the respondents No.1 and 2 to consider the representations at Annexure-C and D.

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b. Grant such other relief or reliefs as this Hon'ble Court may deem fit to grant in the circumstances of the case, in the interest of justice and equity."

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The petitioner who claims to be the owner of certain

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lands has certain civil suit filed against other private persons in O.S.No.718/2022 in which he claims to have secured an temporary injunction restraining the retired Sub-Inspector one Sri. Gaddehalli Shivanna from interfering with the property of the petitioner. It is the allegation that since he is the retired Sub-Inspector, with the aid of respondents No.4 to 6 has caused constant interference with the possession of the petitioner, notwithstanding the matter being before the Civil Court and the petitioner having a temporary injunction in his favour.

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The learned AGA appearing for the respondents on instructions would submit that respondents No.4 to 6 will not henceforth interfere with the peaceful possession of the

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WP No. 803 of 2023

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petitioner, subject to the orders in O.S.No.718/2022, unless there is a specific complaint made to the police on any allegation.

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The submission which is in the nature of

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undertaking is placed on record. Therefore, any breach of the said undertaking will be viewed seriously.

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With the aforesaid observations, the writ petition is disposed.

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Ordered accordingly.

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Sd/JUDGE

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Sri Kariyanna v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Kariyanna v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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