Karnataka High Court
Smt. Nirmala vs State Of Karnataka on 9 May, 2024
-1-
NC: 2024:KHC:17151
WP No. 12982 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
WRIT PETITION NO. 12982 OF 2024 (GM-POLICE)
BETWEEN:
1. SMT. NIRMALA
D/O. LATE DR. KASTURI RAJ,
AGED ABOUT 62 YEARS,
RESIDING AT NO. 75,
NANDIDURGA EXTENSION,
BENSON TOWN,
BENGALURU-560 046.
2. SRI. JAYANTHI CHANDRASHEKAR
W/O. LATE K. CHANDRASHEKAR,
AGED ABOUT 62 YEARS,
RESIDING ATNO. 29,
SATHYAMURTHY ROAD,
RS PALYA, KAMMANAHALLI MAIN ROAD,
BENGALURU-560 033.
3. SMT. SHYLA SHEKAR
W/O. LATE JOSEPH RAJASHEKAR,
Digitally AGED ABOUT 58 YEARS,
signed by H RESIDING AT NO. 242/C,
K HEMA
3RD FLOOR, 3RD A MAIN ROAD,
Location: 1ST STAGE, 4TH BLOCK,
High Court
of Karnataka HBR LAYOUT, BENGALURU-560 043.
4. MARIA SARAFINA CHITRA
W/O. LATE SANJEEV KUMAR,
AGED ABOUT 52 YEARS,
RESIDING AT NO. 836,
17TH B MAIN, MATHIKERE,
BENGALURU-560 054.
...PETITIONERS
(BY SRI. DILIP KUMAR I S., ADVOCATE)
-2-
NC: 2024:KHC:17151
WP No. 12982 of 2024
AND:
1. STATE OF KARNATAKA
BY ITS CHIEF SECRETARY,
M.S. BUILDING,
BENGALURU-560 001.
2. COMMISSIONER OF POLICE
INFANTRY ROAD,
BENGALURU-560 001.
3. DEPUTY COMMISSIONER OF POLICE
EAST DIVISION,
BENGALURU-560 001.
4. ASSISTANT COMMISSIONER OF POLICE
EAST DIVISION,
BENGALURU-560 001.
5. STATION HOUSE OFFICER
COMMERCIAL STREET POLICE STATION,
BENGALURU-560 001.
...RESPONDENTS
(BY SRI. MAHANTESH SHETTAR, AGA)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO
CONSIDER THE REPRESENTATION MARKED AS ANNEXURE-F DATED
02/05/2024 TO THE WP AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. The present writ petition is filed seeking for the following
reliefs:
a. Issue a writ in the nature of mandamus
directing the 2nd respondent to consider the
representation marked as Annexure-F dated
02.05.2024 to the writ petition.
NC: 2024:KHC:17151
b. Issue a writ in the nature of mandamus
directing the respondent Nos.3 to 5 to give
protection as per the representation of the
petitioner vide Annexure E dated 25.04.2024
and comply the judgment and decree passed in
OS No.7530/2022.
2. It is the case of the petitioners that they are the absolute
owners of property bearing No. PID No.78-1-151 (old No.12,
new No.151), Ward No.78, Infantry road, Bengaluru1. That
since certain anti social elements were interfering with their
peaceful possession and enjoyment of the said property, they
filed a suit in OS No.7530/2022 in the Court of VII Addl. City
Civil and Sessions Judge (CCH-19) at Bengaluru2. Vide
judgment and decree dated 07.03.2024, the Trial Court
decreed the suit.
3. It is the further case of the petitioners that despite the
decree passed in O.S. No.7530/2022, since the said anti social
elements continued to interfere with their possession of the suit
property, they gave a representation dated 25.04.2024 to
respondent Nos.3 and 4 (Annexure-E to the writ petition) and
another representation dated 02.05.2024 to respondent No.2
Hereinafter referred as the 'said property'
Hereinafter referred as the 'Trial Court'
NC: 2024:KHC:17151
(Annexure-F to the writ petition). That despite the said
representations, respondent Nos.2 to 4 (police authorities)
have not considered the same. Hence, the present writ petition
is filed.
4. Learned counsel for the petitioners reiterating the grounds
urged in the writ petition seeks for allowing of the petition and
granting of relief sought for and submits that under similar
circumstances, this Court vide order dated 28.02.2024 passed
in W.P. No.381/2024 has allowed the writ petition and issued a
writ of mandamus as sought for.
5. Learned AGA appearing for respondent Nos.1 to 5 submits
that the representation of the petitioners will be considered
within a specified time frame.
6. In view of the aforementioned and having regard to the fact
that in a similar fact situation, this Court has granted the relief
as is forthcoming from the order dated 28.02.2024 passed in
W.P. No.381/2024, the present writ petition merits
consideration.
7. Hence, the following:
NC: 2024:KHC:17151
ORDER
a. Writ petition is allowed.
b. A Writ of mandamus is issued to the
Respondent No.2- Commissioner of Police,
Bengaluru, who is directed to consider the
representation dated 02.05.2024 (Annexure-
F to the writ petition) as expeditiously as
possible in any event not later than two
weeks from the date of receipt of a copy of
this order and intimate the petitioners
regarding the decision so taken.
Ordered accordingly.
Sd/-
JUDGE
BS
