Karnataka High Court
Dayananda I S vs State Of Karnataka on 28 February, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2024:KHC:8303
WP No. 381 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 381 OF 2024 (GM-POLICE)
BETWEEN:
DAYANANDA I.S.,
S/O SHIVARAMEGOWDA, I.P.,
AGED ABOUT 44 YEARS,
RESIDING AT IDHAHALLI,
KANATHI POST,
CHIKKAMAGALURU - 577 111.
...PETITIONER
(BY SRI. DILIP KUMAR I.S., ADVOCATE)
AND:
1. STATE OF KARNATAKA
THE CHIEF SECRETARY,
Digitally signed by M.S.BUILDING,
NAGAVENI
Location: HIGH BENGALURU - 560 001.
COURT OF
KARNATAKA
2. DEPUTY COMMISSIONER
SHIVAMOGGA DISTRICT,
SHIVAMOGGA - 577 201.
3. TAHSILDAR
SHIVAMOGGA TALUK,
SHIVAMOGGA DISTRICT - 577 401.
4. STATION HOUSE OFFICER
THUNGANAGARA POLICE STATION,
-2-
NC: 2024:KHC:8303
WP No. 381 of 2024
SHIVAMOGGA - 577 201.
5. SUPERINTENDENT OF POLICE
SHIVAMOGGA DISTRICT,
SHIVAMOGGA - 577 201.
...RESPONDENTS
(BY SRI KIRAN KUMAR, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECTING THE R3 TO CONSIDER THE REPRESENTATION DTD
17.08.23 MARKED AS ANNEXURE-S TO THE W.P.; DIRECTING
THE R2 AND R5 TO GIVE PROTECTION AS PER THE
REPRESENTATION DTD 22.08.23 AND 04.12.23 OF THE
PETITIONER VIDE ANNEXURE-T AND V.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking the following
prayer:
"1. Issue a writ in the nature of Mandamus directing the
3rd Respondent to consider the representation dated
17.08.2023 marked as Annexure - S to the Writ
Petition.
2. Issue a writ in the nature of Mandamus directing the
respondent Nos.2 and 5 to give protection as per the
representation dated 22.08.2023 and 04.12.2023 of
the petitioner vide Annexure - T & V.
3. Grant such other order/s as this Hon'ble Court may
deem fit in the circumstances of the case."
NC: 2024:KHC:8303
2. Heard Sri Dilip Kumar I.S., learned counsel for
petitioner and Sri Kiran Kumar, learned High Court Government
Pleader for the respondent.
3. The petitioner claims to have purchased two acres of
land on 09.07.2021. On certain dispute against certain
persons, the petitioner institutes a suit in O.S.No.542/2007,
against the forest department and others. The suit is decreed
on 19.01.2013. The said judgment was challenged by the
forest department only to be dismissed. The petitioner now
seeks police protection for peaceful possession and enjoyment
of the property in the light of the aforesaid judgment passed by
the concerned Court.
4. The representation of the petitioner seeking such
police protection in the event of need in real time, be accorded
by the State strictly in consonance with the Circular dated
14.11.2018, with specific reference to Clause 5 thereof, be
granted to the petitioner. After the assessment of the real
threat to his life or limb, the petitioner has submitted
representations. The representations of the petitioner in the
light of what is aforesaid merit consideration at the hands of
NC: 2024:KHC:8303
the competent authorities and appropriate action be taken in
accordance with law.
4. For the aforesaid reasons, the following:
ORDER
a. The writ petition is allowed.
b. Mandamus issues to the respondents to consider the
representations of the petitioner dated 17.08.2023,
22.08.2023 and 04.12.2023.
c. In the event, the petitioner has not approached the
jurisdictional police, he shall do so in the next one
week, if he so desires and the jurisdictional police in
terms of the Circular dated 14.11.2018, shall take
necessary action on the representations without
brooking any delay.
Ordered accordingly.
Sd/-
JUDGE
NVJ
