Disposed

Sri Venkatappa v. the State of Karnataka

Karnataka HC9 Sept 2024WP/24553/2024

Case brief

AI extract

What is this about?

Petitioners sought police action against respondents for allegedly violating an interim injunction order in a pending civil suit. The court directed the Sub-Inspector to consider their complaint and pass appropriate orders in accordance with law within a week.

What did the court decide?

Direction to Sub-Inspector of Police, Kaggalipura to consider the complaint dated 20.12.2022 and pass appropriate orders in accordance with law within one week; liberty reserved to seek extension of p

Sri Venkatappa Vs the State of Karnataka — Property and Title | Karnataka HC (2024)

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1 - NC: 2024:KHC:36767 WP No. 24553 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 24553 OF 2024 (GM-POLICE)

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BETWEEN:

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SRI. VENKATAPPA, SON OF LATE DODDAGALAIAH, AGED ABOUT 86 YEARS, RESIDING AT NO.8, NEAR KABBALAMMA TEMPLE, H. GOLLAHALLI VILLAGE, VIDYAPEETA POST, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 060.

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SRI. BEERAIAH, SON OF LATE DODDAGALAIAH, AGED ABOUT 72 YEARS, RESIDING AT H. GOLLAHALLI VILLAGE, VIDYAPEETA POST, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 060.

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

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(BY SRI. FAYAZ SAB B.G, ADVOCATE)

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…PETITIONERS

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AND:

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

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THE SUPERINTENDENT OF POLICE, RAMANAGARA DISTRICT, RAMANAGARA - 562 159.

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THE SUB INSPECTOR OF POLICE,

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2 - NC: 2024:KHC:36767 WP No. 24553 of 2024

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KAGGALIPURA POLICE STATION, KAGGALIPURA, BENGALURU SOUTH TALUK, BENGALURU - 560 082.

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BANGALORE ELECTRICITY SUPPLY COMPANY LTD., (BESCOM), REPRESENTED BY ITS MANAGING DIRECTOR, CORPORATE OFFICE AT KRISHNA RAJENDRA CIRCLE (KR CIRCLE), BENGALURU - 560 001.

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THE SUPERINTENDENT ENGINEER (ELE), BESCOM, WEST CIRCLE, C.A. SITE NO.5, WEST OF CHORD ROAD, 3RD STAGE, BHEEMAJYOTHI NAGAR, BASAVESHWARANAGAR, H.B.C.S LAYOUT, BENGALURU - 560 079.

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THE DEPUTY EXECUTIVE ENGINEER (ELE), BESCOM, KENGERI DIVISION, BENGALURU SOUTH TALUK, BENGALURU - 560 060.

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SRI. KUNDURAIAH, SON OF LATE ERAIAH, AGED ABOUT 76 YEARS, RESIDING AT H. GOLLAHALLI VILLAGE, VIDYAPEETA POST, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 060.

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SRI. BEERAIAH, SON OF LATE HANUMAIAH, AGED ABOUT 61 YEARS, RESIDING AT H. GOLLAHALLI VILLAGE, VIDYAPEETA POST, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 060.

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SRI. HANUMAIAH, SON OF LATE HANUMAIAH, AGED ABOUT 57 YEARS, RESIDING AT H. GOLLAHALLI VILLAGE,

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NC: 2024:KHC:36767 WP No. 24553 of 2024

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VIDYAPEETA POST, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 060.

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SRI. ERAIAH, SON OF LATE HANUMAIAH, AGED ABOUT 55 YEARS, RESIDING AT H. GOLLAHALLI VILLAGE, VIDYAPEETA POST, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 060.

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SRI. BEERAIAH, SON OF LATE HANUMAIAH, AGED ABOUT 46 YEARS, RESIDING AT H. GOLLAHALLI VILLAGE, VIDYAPEETA POST, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 060.

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SRI. CHIKKAGALAPPA, SON OF LATE CHIKKAGALAPPA, AGED ABOUT 53 YEARS, RESIDING AT H. GOLLAHALLI VILLAGE, VIDYAPEETA POST, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 060.

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SRI. BEERAIAH, SON OF LATE CHIKKAGALAPPA, AGED ABOUT 46 YEARS, RESIDING AT H. GOLLAHALLI VILLAGE, VIDYAPEETA POST, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 060.

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SRI. MUNIRAJU, SON OF LATE CHIKKA HANUMAIAH,

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NC: 2024:KHC:36767 WP No. 24553 of 2024

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AGED ABOUT 38 YEARS, RESIDING AT H. GOLLAHALLI VILLAGE, VIDYAPEETA POST, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 060.

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SRI. THIMMARAJU, SON OF LATE CHIKKA HANUMAIAH, AGED ABOUT 30 YEARS, RESIDING AT H. GOLLAHALLI VILLAGE, VIDYAPEETA POST, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 060.

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…RESPONDENTS

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(BY SRI. SHAMANTH NAIK, HCGP FOR R1 TO R3)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE. TO ISSUE A WRIT OF MANDAMUS, IN THE NATURE OF ORDER OR DIRECTION, DIRECTING THE RESPONDENT NOS. 2 TO 6 TO TAKE SUITABLE STRINGENT ACTION AGAINST THE RESPONDENT NOS.7 TO 15 TAKE STRINGENT ACTION AGAINST THE RESPONDENT NOS.7 TO 15 FOR WILLFUL DIS-OBEYANCE OF COURT ORDER DATED 30.11.2022 PASSED BY THE HONBLE CIVIL COURT IN O.S.NO.355/2022, PENDING ON THE FILE OF 1 ADDL.SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, PURSUANT TO COMPLAINT DATED 20.12.2022 AND REPRESENTATIONS DATED 26.10.2023, WHICH ARE PRODUCED F AND MARKED AS ANNEXURES-F, G, H1 TO H2, J1 TO J2, K AND L, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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The petitioners challenge the order dated 30.11.2022 in O.S.No.355 of 2022, which did not extend the protection to enforce the order dated 30.11.2022 passed by the jurisdictional Civil Court

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NC: 2024:KHC:36767 WP No. 24553 of 2024

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in O.S.No.355 of 2022. The earlier order had restrained the defendants from alienating, creating any charge or encumbrance, or forming any layout on the suit schedule properties until the disposal of the suit.

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The learned HCGP for the State submitted that the petitioner’s complaint should be considered in accordance with the law.

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Therefore, it is expedient to dispose of the petition by directing Respondent No.3 to consider the complaint dated 20.12.2022, submitted by the petitioner as Annexures F, G, H to H2, J to J2, K, and L, and to pass appropriate orders in accordance with the law within one week from the date of receipt of a copy of this order.

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Liberty is also reserved for the petitioner to approach the jurisdictional Civil Court to seek an extension of police protection for implementing the order of temporary injunction.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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DH List No.: 1 Sl No.: 12 CT: BHK

Sri Venkatappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Venkatappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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