IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.51943 OF 2017 (GM-POLICE) BETWEEN:
G. KRISHNAPPA S/O LATE GULLAPPA AGED ABOUT 68 YEARS RESIDING AT NO.268, (OLD NO.206) DR. SHIVARAM KARANTH NAGAR PO THANISANDRA VILLAGE, KR PURAM HOBLI BENGALURU EAST TALUK BENGALURU-560077.
(BY MR. K. SREEDHAR, ADV.) AND:
1. THE COMMISSIONER OF POLICE BENGALURU CITY, INFANTRY ROAD BENGALURU-560 001.
2. SRI GOPAL NAIK INSPECTOR OF POLICE HENNUR POLICE STATION HENNUR, BENGALURU CITY-560043.
… PETITIONER … RESPONDENTS (BY MR. VIJAYAKUMAR A. PATIL, AGA FOR R1 SMT. LEELA P. DEVADIGA, ADV., FOR R2) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-1 TO TAKE APPROPRIATE ACTION AGAINST THE R-2 FOR TAKING LAW INTO HIS OWN HANDS IN SPITE OF THE ORDER OF THE CIVIL COURT PASSED IN O.S.2203/2017 AND PUT THE LOCK TO THE PETITIONER'S PREMISES CONTRARY TO THE ORDER AND SUPPORTINNG THE OTHER PARTY AND ALSO DIRECT R-2 NOT TO TROUBLE THE PETITIONER IN ANY WAY TILL THE SUIT IS DECIDED BY THE CIVIL COURT IN O.S.2203/2017 ON THE FILE OF THE CITY CIVIL COURT, BANGALORE & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In this petition, the petitioner is seeking for a writ of mandamus directing respondent No.1 to take appropriate action against 2nd respondent for taking law into his own hands in spite of the order of the Civil Court passed in O.S.No.2203/2017 and put the lock to the petitioner’s premises contrary to the order and supporting the other party and also directing 2nd respondent not to trouble the petitioner in any way till the suit is decided by the civil court in O.S.No.2203/2017 on the file of CCH 18, Bengaluru City Civil Court.
2. Accordingly, the writ petition is disposed of with a liberty to the petitioner that in case a representation is made to the competent authority, the same shall be decided by the competent authority within a period of four months from the date of receipt of such a representation. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS