Zharenamma W/O Late Bakkappa And ... vs The State Of Karnataka And Ors
2022 Latest Caselaw 371 Kant

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         IN THE HIGH COURT OF KARNATAKA
                KALABURAGI BENCH

     DATED THIS THE 10TH DAY OF JANUARY, 2022

                      BEFORE

       THE HON'BLE MR.JUSTICE E.S.INDIRESH


 WRIT PETITION No.202056 OF 2021 (GM POLICE)

BETWEEN

1.    ZHARENAMMA
      W/O LATE BAKKAPPA
      AGED 51 YEARS,
      OCC. AGRICULTURE,
      R/O. AMLAPUR,
      TQ. AND DIST. BIDAR-585401.

2.    GOUTAM
      S/O LATE BAKKAPPA
      AGED 38 YEARS,
      OCC. AGRICULTURE,
      R/O. AMLAPUR,
      TQ. AND DIST. BIDAR-585401.

3.    OMKAR
      S/O LATE BAKKAPPA
      AGED 32 YEARS,
      OCC. AGRICULTURE,
      R/O. AMLAPUR,
      TQ. AND DIST. BIDAR-585401.

4.    BHAGYASHREE
      D/O LATE BAKKAPPA
      AGED 36 YEARS,
      OCC. AGRICULTURE,
                            2




       R/O. AMLAPUR,
       TQ. AND DIST. BIDAR-58501.

5.     DEEPAK
       S/O LATE BAKKAPPA
       AGED 27 YEARS,
       OCC. AGRICULTURE,
       R/O. AMLAPUR,
       TQ. AND DIST. BIDAR-585401.
                                      ... PETITIONERS
(BY SRI JAIRAJ K BUKKA, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       THROUGH ITS
       PRINCIPAL SECRETARY,
       DEPT. OF HOME
       BENGALURU-560001.

2.     THE DEPUTY COMMISSIONER
       BIDAR-585401.

3.     THE SUPERINTENDENT OF POLICE
       BIDAR-585401.

4.     THE TAHSILDAR
       CHITGUPPA-585401.

5.     THE POLICE INSPECTOR
       GANDHI GUNJ TOWN,
       BIDAR-585401.
                                      ... RESPONDENTS

(BY SRI SHIVAKUMAR TENGLI, AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO A) ISSUE WRIT IN NATURE OF MANDAMUS OR
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DIRECTIONS OR ANY OTHER ORDER DIRECTING THE 5TH
RESPONDENTS TO CONSIDER THE REPRESENTATION
FILED BY THE PETITIONER VIDE ANNEXURE - N DATED
13/09/2021, IN THE INTEREST OF JUSTICE AND EQUITY
AND ETC.

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

                          ORDER

Though this writ petition is listed for preliminary

hearing, by the consent of the parties, it is taken up for

final disposal.

2. Heard learned counsel appearing for the

parties.

3. Learned counsel Sri Jaiaraj K. Bukka, for the

petitioners, submitted that husband of petitioner No.1 has

filed OS.No.4/2015 on file of the Principal Civil Judge and

CJM, Bidar, seeking the relief of declaration, possession

and perpetual injunction against the defendants therein,

and the trial Court has decreed the suit in favour of the

petitioners by its judgment and decree dated 13.12.2019.

Despite the same, the defendants therein are interfering

with the suit schedule property and as such, the

petitioners made a representation (Annexure-N) dated

13.09.2021 to the jurisdictional police, seeking police

protection and same has not been considered. Hence,

petitioners have filed this petition.

4. Per contra, learned Additional Government

Advocate appearing for the respondents, opposing the writ

petition states that the remedy available to the petitioners

lies elsewhere and they cannot seek police protection.

Hence, he prays for dismissal of the writ petition.

5. Having heard the learned counsel for the

parties, it is not in dispute that the petitioners have been

declared as owners in possession of the land by the trial

Court in OS No.4/2015. If at all any interference is made

by any person much less the defendants in the said suit, it

is open for the petitioners to approach the competent

Court for execution of judgment and decree passed in the

original suit referred to above. In that view of the matter,

the writ petition is not maintainable and same is liable to

be dismissed in limine and accordingly, dismissed.

Sd/-

JUDGE

SB