Smt Gangamma Vs State by Kamakshipalya Police Station

STATE BY KAMAKSHIPALYA POLICE STATION MAGADI MAIN ROAD NEAR GOVERNMENT SCHOOL KHB COLONY, VIJAYANAGAR BENGALURU-560 079 REP. BY ITS STATION HOUSE OFFICER

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SMT. MANGALAMMA W/O G.V. HANUMANTHAIAH AGED BOUT 60 YEARS R/AT No.188, 3^RD CROSS SHANTHIDHAMA SCHOOL ROAD CHANNAPPA LAYOUT SUNKADAKATTE BENGLAURU CITY-560 091

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NC: 2025:KHC:31714 WP No. 7125 of 2022

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HC-KAR

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PUNEETH

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S/O G.V. HANUMANTHAIAH, AGED ABOUT 30 YEARS R/AT No.188, 3^RD CROSS SHANTHIDHAMA SCHOOL ROAD CHANNAPPA LAYOUT SUNKADAKATTE BENGLAURU CITY-560 091

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4. MANOJ

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G.V. HANUMANTHAIAH AGED ABOUT 26 YEARS R/AT No.188, 3^RD CROSS SHANTHIDHAMA SCHOOL ROAD CHANNAPPA LAYOUT SUNKADAKATTE BENGLAURU CITY-560 091

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…RESPONDENTS

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(BY SRI. SHWETA KRISHNAPPA, AGA FOR R1; SRI. B.D. KRISHNE GOWDA, ADVOCATE FOR R2 TO R4)

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THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (a) DIRECT THE R-1 TO FOLLOW THE GUIDELINES PRESCRIBED IN THE CIRCULAR DATED 14.11.2018 ISSUED BY THE INSPECTOR GENERAL AND DIRECTOR GENERAL OF POLICE, KARNATAKA DATED 14.11.2008, VIDE ANNEXURE-H. AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN

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NC: 2025:KHC:31714 WP No. 7125 of 2022

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HC-KAR

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ORAL JUDGMENT

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This writ petition is filed seeking the following reliefs;

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"A) Issue writ in the nature of Mandamus or any other appropriate writ or order or direction, directing the 1^st Respondent to follow the guidelines prescribed in the circular dated 14.11.2018 issued by the Inspector General and Director General of Police, Karnataka, dated 14.11.2008, vide Annexure-H.

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B) Issue writ in the nature of Mandamus or any other appropriate writ or order or direction, directing the 1^st Respondent, to hand over the house key of the schedule property to the possession of the Petitioner.

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C) Issue a writ in the nature of Mandamus or any other appropriate writ or order or direction, to 1^st respondent to give necessary aid for enforcing the interim order dated: 02.03.2020 granted by the Court of City Civil Judge CCH-38 in O.S.No.1611/2020 vide Annexure-F."

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Heard the learned counsel for the writ petitioner as well as the learned Additional Government Advocate for the respondent- State.

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It is submitted by the learned counsel for the writ petitioner that in spite of an order of temporary injunction having been passed in favour of the petitioner and in spite of

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NC: 2025:KHC:31714 WP No. 7125 of 2022

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HC-KAR

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the orders of the competent Civil Court granting police protection for implementing the order of injunction, police have taken the keys of the property in dispute from the writ petitioner and handed over them to the defendants.

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Learned counsel would also place reliance on the observations of the trial judge in the judgment dated 04.04.2025 in O.S.No.1611/2020 in support of his contentions.

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Learned Additional Government Advocate for the respondent- State, however, would contend that the writ petition was filed in the year 2022 and after issuance of notice, the same has not come up before this Court. It is further submitted that at present, her instructions are that police are not in possession of any keys of the property in question and that the police cannot, at this juncture, get involved in civil proceedings.

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In the above view of the matter, writ petition is disposed of leaving open the contentions of the writ petitioner and her right to get possession of the property in question by recourse to law.

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NC: 2025:KHC:31714 WP No. 7125 of 2022

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HC-KAR

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All contentions of the parties are left open to be decided in appropriate proceeding and liberty is reserved in favour of the petitioner to file appropriate representations naming the wrong doers, if any, before the appropriate authority.

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Sd/(ANU SIVARAMAN) JUDGE

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PN

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List No.: 1 Sl No.: 21

Smt Gangamma v. State by Kamakshipalya Police Station

Case brief

What is this about?

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Smt Gangamma v. State by Kamakshipalya Police Station

Case brief

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