Karnataka High Court
Mr. Mubeen Ahmed vs State Of Karnataka on 15 December, 2023
Author: R Devdas
Bench: R Devdas
-1-
NC: 2023:KHC:45712
WP No. 21436 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 21436 OF 2023 (GM-POLICE)
BETWEEN:
MR. MUBEEN AHMED,
S/O ABDUL AZEEZ,
AGED ABOUT 60 YEARS,
R/A NO A.A. CONVENTIONAL HALL,
KGF ROAD, MULBAGAL TOWN,
MULBAGAL TALUK,
KOLAR DISTRICT
KARNATAKA
...PETITIONER
(BY SMT. KAVITHA D., ADVOCATE)
AND:
Digitally signed by
JUANITA
THEJESWINI 1. STATE OF KARNATAKA
Location: HIGH REP BY SUPERINTENDENT OF POLICE,
COURT OF
KARNATAKA KOLAR DISTRICT KOLAR
KARNATAKA - 563101
2. THE STATION HOUSE OFFICER (SHO)
MULBAGAL TOWN,
KOLAR DISTRICT
KARNATAKA - 563131
3. MR. MOHAMMED ALI
S/O LATE SABJI SAB
R/ANO 202, 8TH MAIN,
-2-
NC: 2023:KHC:45712
WP No. 21436 of 2023
PILLANNA GARDEN, ARABIC COLLEGE
BENGALURU - 560045
...RESPONDENTS
(BY SRI. BASAVARAJ GODACHI, AGA FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R2
JURISDICTIONAL POLICE I.E., MULBAGAL TOWN P.S,
THROUGH R1, SUPERIOR POLICE OFFICER TO INITIATE
NECESSARY LEGAL AND CRIMINAL ACTIONS AGAINST THE R3
BY CONSIDERING THE COMPLAINT OF PETITIONER DTD
05.04.2023 WHICH IS PRODUCED VIDE ANNEXURE-E AND
ALSO APPROPRIATE DIRECTIONS TO CONDUCT AN EFFECTIVE
INVESTIGATION IN ACCORDANCE WITH THE
ACKNOWLEDGEMENT OF R2 WHICH IS PRODUCED ANNEXURE-
F IN THIS REGARD AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
The grievance of the petitioner is that despite
obtaining a judgment and decree at the hands of this
Court in RSA No.18/1993 dated 05.02.1998 declaring that
the plaintiff is entitled to a decree of declaration of title,
the third respondent is causing obstruction for the
NC: 2023:KHC:45712
petitioner to put up construction on the property in
question. Therefore, the petitioner approached the second
respondent-Station House Officer, Mulabagal Town Police
Station seeking protection.
2. Learned AGA appearing on behalf of the
respondent-State and the Police would submit that it
would be impermissible in law to direct the police
authorities to give protection to the petitioner and ensure
that construction is put up by the petitioner. On the other
hand, there are several judgments of this Court which
would direct that the police shall not interfere in civil
disputes. On the other hand, if there is a specific direction
by any court of law to give any specific protection to the
petitioner, the same can be done in accordance with law
only.
3. Having regard to the contention of the petitioner
and the submissions made by the learned AGA, this Court
is of the considered opinion that if the third respondent is
causing any obstruction to the petitioner in putting up
construction, the petitioner has to approach the competent
NC: 2023:KHC:45712
authority to redress his grievance. A blanket direction
cannot be given to the police to protect the property
belonging to the petitioner and to ensure that the
petitioner puts up a construction. Such directions will be
contrary to the established position of law.
4. This Court does not find any infirmity in the
impugned endorsement dated 29.08.2023 issued by the
second respondent-Police at Annexure 'F'. The petitioner
is free to approach the competent Court or ensure
execution of the decree passed by the competent court.
With these observations, the writ petition stands
disposed of.
Sd/-
JUDGE
JT/-
CT: JL
