Karnataka High Court
Shree Sharadha Vidhyanikethan vs State Of Karnataka on 13 May, 2025
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2025:KHC:18227-DB
W.A. No.740/2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF MAY, 2025
PRESENT
THE HON'BLE MR. JUSTICE H.P.SANDESH
AND
THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
WRIT APPEAL NO.740 OF 2025 (GM-POLICE)
BETWEEN:
1. SHREE SHARADHA VIDHYANIKETHAN
A REGISTERED SOCIETY REGISTERED
UNDER KARNATAKA SOCIETIES ACT
HAVING OFFICE AT NO.102
Digitally signed
KRISHNA PRASAD APARTMENT
by DEVIKA M
DATTAREYA TEMPLE ROAD
Location: HIGH MALLESHWARAM, BENGALURU-560003.
COURT OF
KARNATAKA
REPRESENTED BY ITS SECRETARY
SRI. DHANJAYA .G
S/O GANGADHARAIAH
AGED ABOUT 46 YEARS
R/AT NO.199, SHANTHIDHAMA
SUNKADE KATTE, MAGADI MAIN ROAD
BENGALURU-560091.
...APPELLANT
(BY SRI. T. SESHAGIRI RAO, ADVOCATE)
AND:
1. STATE OF KARNATAKA
HOME DEPARTMENT
VIDHANA SOUDHA
BENGALURU-560 001.
2. THE COMMISSIONER OF POLICE
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NC: 2025:KHC:18227-DB
W.A. No.740/2025
BANGALORE CITY POLICE
NO.2, ALI ASKER RD, VASANTH NAGAR
BENGALURU, KARNATAKA 560051.
3. ASSISTANT COMMISSIONER OF POLICE
YELAHANKA CIRCLE
BELLARY ROAD, BENGALURU-560064.
4. DEPUTY COMMISSIONER OF POLICE
AMRUTH NAGAR MAIN ROAD
SECTOR B, AMRUTHNAGAR
BYATRAYANAPURA CMO AND OG PART
BENGALURU-560092.
5. THE POLICE INSPECTOR
VIDHYARANYA PURA POLICE STATION
NO. 281, 1ST MAIN ROAD
BEL 6TH BLOCK, BEL LAYOUT
7TH BLOCK, H.M.T. LAYOUT
VIDYARANYA PURA, BENGALURU-560097.
...RESPONDENTS
(BY SRI. V. SHIVAREDDY, AGA)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED
06.05.2025 ONE PASSED BY THE LEARNED SINGLE JUDGE WP
No.13836/2025 AND PASS APPROPRIATE ORDERS BY
ALLOWING THE INTERIM PRAYER AS SOUGHT FOR IN WP
No.13836/2025 PENDING ON THE FILE SINGLE JUDGE & ETC.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
and
HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
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NC: 2025:KHC:18227-DB
W.A. No.740/2025
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE H.P.SANDESH)
The counsel appearing for the state submits that
there is no any order passed by any of the court or
direction given to enter the premises of the
appellant/Institution. However, he relies upon that there
was an agreement dated 06.03.2017 and in terms of the
said document, lease was given till 2033 and the same
was also registered. The Trust was running the said
institution and to that effect there is a dispute between the
parties and M.F.A is also pending before this court. The
order passed by this court is very clear that the
respondents are also permitted to take note of the
observations made by this court and may voluntarily
withdraw the police personnel, if there is no specific
direction from any court to enter the permises of the
appellant's institution. In view of the submission of the
counsel appearing for the state and also not placed any
material on record that there was a direction by any of the
NC: 2025:KHC:18227-DB
court to provide any police protection, when such being
the case, the order is clarified that there was no any such
any direction by any of the court, however, having
considered the material on record, it appears that there is
a dispute with regard to the appellant as well as the
'knowledge partner' in terms of the agreement dated
06.03.2017 and liberty is given to the parties to obtain
appropriate order before the appropriate forum (Civil
Court) since the matter involved is Civil in nature. It is
also clarified that the appellants are given directions to
allow the police people to conduct the investigation in
accordance with law and no need to deploy any Police
personnel in the premises and the Police are permitted to
access the premises only for the investigation purpose.
With this observation, the Writ Appeal is disposed of.
Sd/-
(H.P.SANDESH)
JUDGE
Sd/-
(RAMACHANDRA D. HUDDAR)
JUDGE
RHS
