Karnataka High Court
Sri Talavara Kotrappa vs The State Of Karnataka on 7 August, 2023
Bench: Sachin Shankar Byssmj
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NC: 2023:KHC-D:8480
WP No. 104779 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 104779 OF 2023 (GM-POLICE)
BETWEEN:
SRI TALAVARA KOTRAPPA S/O. TALAVARA KOTRAMMA,
AGE: 56 YEARS, OCC: AGRICULTURIST,
R/O: KANNANAYAKANAKATTE VILLAGE,
KOTTURU (TQ), VIJAYANAGARA (DIST),
PIN CODE-583134.
....PETITIONER
(BY SRI BASAVANAGOUD T., ADVOCATE)
AND
1. THE STATE OF KARNATAKA,
DEPARTMENT OF HOME,
ADDITIONAL CHIEF SECRETARY,
ROOM NO. 222, II FLOOR,
VIDHANA SOUDHA, BENGALURU-560 001.
MOHANKUMAR
B SHELAR
2. THE SUPERINTENDENT OF POLICE,
Digitally signed by VIJAYANAGARA DISTRICT,
MOHANKUMAR B SHELAR
Location: DHARWAD
HOSAPATE-583 201.
Date: 2023.08.10 13:33:06 -
0700
3. THE POLICE SUB INSPECTOR,
KOTTURU POLICE STATION,
KOTTURU (TQ), VIJAYANAGARA (DIST)-583 134.
4. K.P. KOTRABASAVANAGOUDA,
S/O. LATE P. NAGANAGOUDA,
AGE: 68 YEARS, OCC: AGRICULTURIST,
5. P. MAREGOUDA S/O. LATE P. NAGANAGOUDA,
AGE:66 YEARS, OCC: AGRICULTURIST,
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WP No. 104779 of 2023
6. SMT. VINODAMMA D/O. LATE P. NAGANAGOUDA,
W/O. N.P. VAMADEV,
AGE:64 YEARS, OCC: HOUSE WIFE,
7. K.P. KUBHERAGOUDA S/O. LATE P. NAGANAGOUDA,
AGE:62 YEARS, OCC: AGRICULTURIST,
8. SMT. SIDDAMMA D/O. LATE P. NAGANAGOUDA,
W/O. HANUMANTHAPPA,
AGE: 60 YEARS, OCC: HOUSE WIFE,
9. P. HALANAGOUDA S/O. K.P. NAGANAGOUDA,
AGE: 58 YEARS, OCC: AGRICULTURIST,
10. K.P. SIDDARAMANAGOUDA
S/O. LATE K.P. NAGANAGOUDA,
AGE: 54 YEARS, OCC: AGRICULTURIST,
11. K. P. UMAPATHIGOUDA
S/O. LATE K.P. NAGANAGOUDA,
AGE: 52 YEARS, OCC: AGRICULTURIST,
12. K.P. YUVARAJAGOUDA
S/O. K.P. NAGANAGOUDA,
AGE: 50 YEARS,
RESPONDENTS 4 TO 7 AND 9 TO 11 ARE
R/O: KANNANAYAKANAKATTE VILLAGE, KOTTURU TALUK,
VIJAYANAGARI DISTRICT, PIN CODE-583134.
RESPONDENT NO. 8 IS THE RESIDENT OF
LOKIKERE VILLAGE, DAVANAGERE TALUK AND
DAVANAGERE DISTRICT, 577 002.
...RESPONDENTS
(BY SRI SHIVAPRABHU S. HIREMATH, AGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF MANDAMUS OR ANY OTHER DIRECTION, DIRECTING THE
RESPONDENT NO.3 TO REGISTER THE CRIMINAL CASE AGAINST THE
RESPONDENTS NO. 4 TO 12 IN ACCORDANCE WITH LAW AND TAKE
APPROPRIATE ACTION AGAINST THEM FOR COMMITTING AN
OFFENCE AS ALLEGED, WHICH WOULD MEET THE ENDS OF JUSTICE
AND EQUITY.
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WP No. 104779 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Learned Additional Government Advocate accepts
notice for respondent Nos.1 to 3.
2. The captioned writ petition is filed seeking
mandamus against respondent No.3 to register criminal
case against respondent Nos.4 to 12.
3. Heard the learned counsel for the petitioner and
perused the material on record.
4. Petitioner filed a suit for declaration and for
possession in O.S.No.67/2012. The said suit is decreed
and confirmed by the first appellate court. Respondent
Nos.4 to 12 assailing the concurrent judgment have filed
regular second appeal. On examination of the records, it is
forthcoming that petitioner has sought consequential relief
of possession. Though it is clearly evident from the
photographs that respondent Nos.4 to 12 have excavated
the mud in the suit schedule property, which is subject
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WP No. 104779 of 2023
matter of regular second appeal, I am of the view that
petitioner could not have knocked the door of writ court. If
respondent Nos.4 to 12 are in possession, the petitioner
has to execute the decree and take physical possession.
But on account of alteration/of suit property on account of
excavation, he cannot launch criminal proceedings. The
petitioner has to seek appropriate relief in the regular
second appeal and is entitled to seek damages against
respondent Nos.4 to 12.
5. Therefore, reserving liberty to the petitioner to
avail remedy before the competent civil court, the writ
petition stands disposed off.
Sd/-
JUDGE
MBS
