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Karnataka High Court
Smt. Nirmala vs State Of Karnataka on 9 May, 2024
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NC: 2024:KHC:17151
WP No. 12982 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
WRIT PETITION NO. 12982 OF 2024 (GM-POLICE)
BETWEEN:
1. SMT. NIRMALA
D/O. LATE DR. KASTURI RAJ,
AGED ABOUT 62 YEARS,
RESIDING AT NO. 75,
NANDIDURGA EXTENSION,
BENSON TOWN,
BENGALURU-560 046.
2. SRI. JAYANTHI CHANDRASHEKAR
W/O. LATE K. CHANDRASHEKAR,
AGED ABOUT 62 YEARS,
RESIDING ATNO. 29,
SATHYAMURTHY ROAD,
RS PALYA, KAMMANAHALLI MAIN ROAD,
BENGALURU-560 033.
3. SMT. SHYLA SHEKAR
W/O. LATE JOSEPH RAJASHEKAR,
Digitally AGED ABOUT 58 YEARS,
signed by H RESIDING AT NO. 242/C,
K HEMA
3RD FLOOR, 3RD A MAIN ROAD,
Location: 1ST STAGE, 4TH BLOCK,
High Court
of Karnataka HBR LAYOUT, BENGALURU-560 043.
4. MARIA SARAFINA CHITRA
W/O. LATE SANJEEV KUMAR,
AGED ABOUT 52 YEARS,
RESIDING AT NO. 836,
17TH B MAIN, MATHIKERE,
BENGALURU-560 054.
...PETITIONERS
(BY SRI. DILIP KUMAR I S., ADVOCATE)
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NC: 2024:KHC:17151
WP No. 12982 of 2024
AND:
1. STATE OF KARNATAKA
BY ITS CHIEF SECRETARY,
M.S. BUILDING,
BENGALURU-560 001.
2. COMMISSIONER OF POLICE
INFANTRY ROAD,
BENGALURU-560 001.
3. DEPUTY COMMISSIONER OF POLICE
EAST DIVISION,
BENGALURU-560 001.
4. ASSISTANT COMMISSIONER OF POLICE
EAST DIVISION,
BENGALURU-560 001.
5. STATION HOUSE OFFICER
COMMERCIAL STREET POLICE STATION,
BENGALURU-560 001.
...RESPONDENTS
(BY SRI. MAHANTESH SHETTAR, AGA)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO
CONSIDER THE REPRESENTATION MARKED AS ANNEXURE-F DATED
02/05/2024 TO THE WP AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. The present writ petition is filed seeking for the following reliefs:
a. Issue a writ in the nature of mandamus directing the 2nd respondent to consider the representation marked as Annexure-F dated
02.05.2024 to the writ petition.
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NC: 2024:KHC:17151 WP No. 12982 of 2024 b. Issue a writ in the nature of mandamus directing the respondent Nos.3 to 5 to give protection as per the representation of the petitioner vide Annexure E dated 25.04.2024 and comply the judgment and decree passed in OS No.7530/2022.
2. It is the case of the petitioners that they are the absolute owners of property bearing No. PID No.78-1-151 (old No.12, new No.151), Ward No.78, Infantry road, Bengaluru1. That since certain anti social elements were interfering with their peaceful possession and enjoyment of the said property, they filed a suit in OS No.7530/2022 in the Court of VII Addl. City Civil and Sessions Judge (CCH-19) at Bengaluru2. Vide judgment and decree dated 07.03.2024, the Trial Court decreed the suit.
3. It is the further case of the petitioners that despite the decree passed in O.S. No.7530/2022, since the said anti social elements continued to interfere with their possession of the suit property, they gave a representation dated 25.04.2024 to respondent Nos.3 and 4 (Annexure-E to the writ petition) and another representation dated 02.05.2024 to respondent No.2 1 Hereinafter referred as the 'said property' 2 Hereinafter referred as the 'Trial Court' -4- NC: 2024:KHC:17151 WP No. 12982 of 2024 (Annexure-F to the writ petition). That despite the said representations, respondent Nos.2 to 4 (police authorities) have not considered the same. Hence, the present writ petition is filed.
4. Learned counsel for the petitioners reiterating the grounds urged in the writ petition seeks for allowing of the petition and granting of relief sought for and submits that under similar circumstances, this Court vide order dated 28.02.2024 passed in W.P. No.381/2024 has allowed the writ petition and issued a writ of mandamus as sought for.
5. Learned AGA appearing for respondent Nos.1 to 5 submits that the representation of the petitioners will be considered within a specified time frame.
6. In view of the aforementioned and having regard to the fact that in a similar fact situation, this Court has granted the relief as is forthcoming from the order dated 28.02.2024 passed in W.P. No.381/2024, the present writ petition merits consideration.
7. Hence, the following:
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NC: 2024:KHC:17151 WP No. 12982 of 2024 ORDER a. Writ petition is allowed.
b. A Writ of mandamus is issued to the Respondent No.2- Commissioner of Police, Bengaluru, who is directed to consider the representation dated 02.05.2024 (Annexure- F to the writ petition) as expeditiously as possible in any event not later than two weeks from the date of receipt of a copy of this order and intimate the petitioners regarding the decision so taken.
Ordered accordingly.
Sd/-
JUDGE BS List No.: 1 Sl No.: 43