Karnataka High Court
Anand Education Trust (Regd) vs The State Of Karnataka And Ors on 4 March, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC-K:1921
WP No. 200278 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
WRIT PETITION NO. 200278 OF 2024 (GM-POLICE)
BETWEEN:
ANAND EDUCATION TRUST (REGD),
PLOT NO. 94,
BEHIND BADEPUR HANUMAN TEMPLE,
GUBBI COLONY, SEDAM ROAD,
KALABURAGI.
THROUGH ITS SECRETARY,
SRI ANAND
S/O MAHADEVAPPA PRASAD,
AGED ABOUT 35 YEARS,
OCC: SECRETARY OF ABOVE STATED
EDUCATION TRUST,
R/O GUBBI COLONY, KALABURAGI.
TRUST BIDAR, REPRESENTED BY ITS PRESIDENT.
Digitally signed ...PETITIONER
by SHILPA R (BY SRI. DEEPAK KUMAR G, ADVOCATE)
TENIHALLI
Location: High
Court Of AND:
Karnataka
1. THE STATE OF KARNATAKA
THE INSPECTOR GENERAL OF POLICE,
OFFICE OF I.G.P. KALABURAGI-585104.
2. THE DIRECTOR GENERAL OF POLICE,
KALBURGI-585104.
3. THE SUPERINTENDANT OF POLICE
KALABURAGI-585104.
4. THE CITY COMMISSIONER OF POLICE
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NC: 2024:KHC-K:1921
WP No. 200278 of 2024
KALABURAGI-585104.
5. THE CIRCLE SUB-INSPECTOR,
(CPI) AREA P. S. OF KALABURAGI,
I.E., KALABURAGI UNIVERSITY.
6. SMT. MANJULA
AGE: 35 YEARS OCC: PDO,
R/O PDO OFFICE,
HAGARAGA GRAM PANCHAYAT,
KALABURAGI CITY,
DISTRICT: KALABURAGI-585101.
...RESPONDENTS
(BY SRI. VEERANAGOUDA MALIPATIL HCGP, FOR R1 TO R5;
V/O DATED 4/3/2024 NOTICE TO R6 IS HELD SUFFICIENT)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE OF WRIT OF MANDAMUS DIRECTING THE RESPONDENT
NO.1 TO 5 TO CONSIDER THE NOTICE CUM REQUISITION
LETTER DATED 20.06.2023 VIDE ANNEXURE-E, AND
DIRECTIONS TO RESPONDENT NO.1 TO 5 TO PROVIDE THE
PROTECTIONS TO PETITIONER TILL THE COMPLETION OF ITS
CONSTRUCTION WORK.
THIS WRIT PETITION IS COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri Deepak Kumar Gawali, learned counsel for the
petitioner and Sri Veeranagouda Mali Patil, learned High Court
Government Pleader for respondent Nos.1 to 5.
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2. This writ petition is filed with the following prayer:
Wherefore, the petitioner most humbly and respectfully pray
that this Hon'ble Court may kindly pleased to:
a) Issue writ of mandamus directing the respondent
Nos.1 to 5 to consider the notice cum requisition letter
dated 20.06.2023 vide Annexure-E, and directions to
respondent Nos.1 to 5 to provide the protection to
petitioner till the completion of its construction work, in
the interest of justice and equity.
b) Issue any order or writ or direction as this Hon'ble
Court may deem fit under the facts and circumstances of
the case, in the interest of justice and equity."
3. Facts in brief are as under:
A suit came to be filed in respect of Civil Amenity site in
O.S.No.528/2014. The said suit came to be decreed on
29.01.216. An appeal came to be filed in R.A.No.15/2016 by
the defendant. The appeal was allowed by judgment dated
05.06.2018. Being aggrieved by the same, plaintiff filed
second appeal before this Court in RSA 200205/2018. The said
regular second appeal came to be allowed and whereby decree
granted by the trial Court in O.S.No.528/2014 dated
29.01.2016 came to be restored by setting aside the order of
the first appellate Court.
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4. Grievance of the petitioner is that despite the order
passed by this Court, setting aside the order of the first
appellate Court, petitioner is apprehending that the defendant
is high handedly interfering with the suit property and a
criminal case came to be filed by the respondent No.6.
5. Petitioner herein filed criminal petition under
Section 482 Cr.P.C., in Crl.P.No.201142/2022 which were
allowed and FIR was also got quashed.
6. Despite the same, defendant herein with
respondent No.5 may interfere with the suit property and
sought for police help.
7. When the order of injunction is granted by the Civil
Court and there is obstruction by the concerned defendant in
respect of the said decree, remedy lies else where. Liberty is
granted to the petitioner to exhaust said remedy.
Accordingly, writ petition stands disposed of.
Sd/-
JUDGE
MR
CT:SI
