IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.28935 OF 2019 (GM-POLICE) BETWEEN:
MIRLE VARADARAJ S/O LATE BORE GOWDA AGED ABOUT 59 YEARS R/AT NO.544, 5TH MAIN KENGERI SATELLITE TOWN BENGALURU – 560 060.
(BY SMT.LAKSHMY IYENGAR SR. ADV. A/W MS.REVATHI SHIVAKUMAR, ADV.) AND:
1. COMMISSIONER OF POLICE BENGALURU CITY AT NO.1, INFANTRY ROAD BANGALORE – 560 001.
2. DEPUTY COMMISSIONER WEST DIVISION BENGALURU OFFICE OF THE DEPUTY COMMISSIONER OF POLICE WEST DIVISION UPPARPET POLICE STATION BUILDING 1ST FLOOR, DHANVANTHRI ROAD SUBHAS NAGAR BENGALURU – 560 009.
3. STATION HOUSE OFFICER RAJAREJESHWARINAGAR POLICE STATION RAJA RAJESHWARI NAGAR IDEAL TOWNSHIP MAIN ROAD BANGALORE URBAN DISTRICT BENGALURU – 560 098.
… PETITIONER 4. DIRECTOR GENERAL OF POLICE BENGALURU CITY POLICE HEAD QUARTERS NRUPATHUNGA ROAD BESIDE RBI BENGALURU – 560 001.
… RESPONDENTS (BY MR.VIJAY KUMAR A. PATIL, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS TO THE RESPONDENTS IN THE INSTANT PETITION DIRECTING THEM TO COMPLY WITH THE DIRECTIONS OF THE JUDGMETNS OF THE HON’BLE SUPREME COURT,THE INTIMATIONS AND REPRESENTATIONS BY THE GOVERNMENT AUTHORITIES AS WELL AS THE CIRCULAR ISSUED BY THE OFFICE OF THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, KARNATAKA STATE DATED 14.11.2018 VIDE ANNEXURE- K.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mrs.Lakshmy Iyengar, Learned Senior counsel along with Ms. REvathi Shivakumar, learned counsel for the petitioner.
Mr.Vijay Kumar A. Patil, learned Additional Government Advocate for the respondent.
The writ petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
2. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia seeks a writ of mandamus directing the respondents to comply with the directions contained in the judgments of the Hon’ble Supreme Court, the intimations and representations by the Government Authorities and the Circular issued by the office of the Director General and Inspector General of Police, Karnataka State dated 14.11.2018. The petitioner also seeks a writ of mandamus to the respondents to give an undertaking to this court that directions of this court, Hon’ble Supreme Court of India and the directions issued by the authorities of the Government Authorities shall be adhered to.
3. Facts leading to filing of the writ petition briefly stated are that State government had granted approval to REMCO House Building Co-operative Society Ltd., for acquisition of lands in order to form a Society. The lands were permitted to be acquired by the Societies. Being aggrieved the land owners approached the Supreme Court in which challenge was made to the acquisition proceedings. The Supreme Court by judgment passed in ‘H.M.T HOUSE BUILDING CO- OPERATIVE SOCIETY VS. SYED KHADER’, ILR 1995 KAR 1962 directed the Deputy Commissioner of Bangalore Urban District as well as Commissioner Of Police / DGP to extend all protection and assistance to the land owners to ensure that the judgment and order is implemented. It has also been pleaded in the writ petition that the Director General and Inspector General of Police, Karnataka State, Bengaluru have issued a Circular dated 14.11.2018, by which guidelines have been prescribed, which have to be followed by the Police Officers while dealing with the matters pertaining to lands and buildings. The petitioner is required to face continuous criminal cases from different purchasers who claimed to have brought the land from the Society in question. In the aforesaid factual background, the petitioner has approached this court.
4. Learned Senior counsel for the petitioner at the outset submitted that the petitioner is not seeking a direction to the respondents not to take any action against him but seeking a direction to the Police Officers to follow the guidelines prescribed in Circular dated 14.11.2018 issued by Inspector General And Director General Of Police, Karnataka.
5. On the other hand, learned Additional Government Advocate submitted that the petitioner has no existing right to maintain the writ petition as the petitioner has failed to disclose any existing legal right in him and corresponding legal duty on respondents. It is further submitted that before approaching this court the petitioner has not submitted any representation seeking demand of justice, which is a prerequisite for issuance of writ of mandamus. It is further submitted that the writ petition fails to disclose any cause of action and two criminal cases are registered against the petitioner.
6. I have considered the submissions made by learned counsel on both the sides and have perused the record. The Circular which contains the guidelines to the Police Officers while dealing with disputes and matters relating to lands and buildings has been issued by Director General and Inspector General Of Police and is based on statutory provisions contained in Sections 133 & 192A to 192D of the Karnataka Land Revenue Act, 1964 and Rules 61 & 62 of Karnataka Land Revenue Rules 1966, as well as Section 107(A) of the Karnataka Municipalities Act, 1964 and has provided the detailed guidelines to deal with such disputes. The relevant extract reads as under:
“All Police Officers re hereby instructed to note the above guidelines and ensure that these guidelines are scrupulously followed while dealing with tall matters related to agricultural land, site and buildings. Any deviation in this/her regard will be viewed seriously and will be dealt with as such. The Police Officers should refrain from interfering unnecessarily in any dispute related to any agricultural land, site or building or non agricultural land and they should also refrain from taking initiative to settle the disputes at the Police Station level.”
7. The aforesaid guidelines, which are based on statutory provisions are binding on the Police Officers while dealing with the disputes and matters pertaining to lands and buildings. Therefore, I deem it appropriate to dispose of the writ petition with a direction to the concerned Police Officers that in case, any action is warranted against the petitioner on the basis of the complaint made against him, the aforesaid complaint shall be dealt with by the concerned Police Officers by bearing in mind the guidelines contained in Circular dated 14.11.2018.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE SS