Karnataka High Court
Yashawant vs The Deputy Commissioner on 16 October, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC-K:7723
WP No. 200115 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 16TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.200115 OF 2024 (GM-POLICE)
BETWEEN:
YASHAWANT S/O YANKAYYA,
AGE: 53 YEARS, OCC: COOLIE,
R/O H.NO.5-5, YADRAMI VILLAGE,
TQ. JEWARGI, DIST. KALABURAGI-585 325.
...PETITIONER
(BY SRI. SHARANABASAPPA K BABSHETTY, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER, KALABURAGI,
DISTRICT KALABURAGI - 585 103.
Digitally signed
by SUMITRA
SHERIGAR 2. THE SUPERINTENDENT OF POLICE,
Location: HIGH KALABURAGI,
COURT OF
KARNATAKA DISTRICT KALABURAGI-585 103.
3. THE ADDITIONAL DIRECTOR GENERAL OF POLICE,
DCRE, 1, PALACE ROAD, BANGALORE-560 001.
4. MALLIKARJUN
S/O BHEEMAYYA KUSTI,
AGE: 53 YEARS,
OCC: POLITICIAN AND RUNNING,
PRIVATE SCHOOL,
R/O YADRAMI VILLAGE,
-2-
NC: 2024:KHC-K:7723
WP No. 200115 of 2024
POST: YADRAMI, TQ. JEWARGI,
DIST. KALABURAGI-585 325.
...RESPONDENTS
(SMT. MAYA T.R., HCGP FOR R1 TO R3;
SRI KADLOOR SATYANARAYANACHARYA, ADV. FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF MANDAMUS, DIRECTING THE 1ST AND 2ND
RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED
26.06.2023 AND 05.07.2023, VIDE ANNEXURE-'B' & 'C' TO
THIS WRIT PETITION AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR)
In this petition, the petitioner has sought for the
following relief:
"A] Issue a writ of mandamus, directing the 1st
and 2nd respondents to consider the representations
dated 26.06.2023 and 05.07.2023, vide Annexure-
'B' & 'C' to this writ petition".
NC: 2024:KHC-K:7723
2. Heard learned counsel for the petitioner and
learned counsel for the respondents and perused the
material on record.
3. It is the specific contention of the petitioner
that despite the judgment and decree dated 10.10.2022
passed in O.S.No.59/2016 by the Civil Judge and JMFC,
Jewargi in favour of the petitioner/plaintiff against
respondent No.4 and others in which respondent No.4 was
arrayed as defendant No.1, respondent No.4 is continuing
to interfere with the petitioner's possession and enjoyment
of the suit scheduled property and despite representations
submitted by the petitioner to respondent Nos.1 to 3, no
action has been taken by them and as such, the petitioner
is before this Court by way of the present petition.
4. Per contra, learned counsel for respondent No.4
submits that respondent No.4 would be challenging the
said exparte judgment and decree dated 10.10.2022
passed in O.S.No.59/2016. The said submission is placed
on record.
NC: 2024:KHC-K:7723
5. In view of the aforesaid facts and
circumstances, without expressing any opinion on the
merits/ demerits of the rival contentions, I deem it just
and appropriate to dispose of this petition, reserving
liberty in favour of both the parties to take recourse to
such remedies as available in law. The petition is
accordingly disposed of.
6. All rival contentions on all aspects of the matter
between the petitioner and the respondents are kept open
and no opinion is expressed on the same.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
LG
