Karnataka High Court
Smt. Jayaprada vs The State Of Karnataka on 10 October, 2012
Author: Ashok B.Hinchigeri
Bench: Ashok B. Hinchigeri
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 10TH DAY OF OCTOBER 2012
BEFORE
THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI
W.P.NOS.40047-40061 OF 2012 [KLR,RR/SUR]
BETWEEN
1. SMT. JAYAPRADA
AGE:31 YEARS
W/O S. PALANISWAMY
No.43/13, II MAIN MARENAHALLI
VIJAYANAGAR
BANGALORE-560040
REPRESENTED BY S. PALANISWAMY
S/O C. SELVARAJ
AGED 38 YEARS
2. D. DAYALAN
AGED 49 YEARS
S/O DORAISWAMI
R/AT C.121, 2ND CROSS
ROBERTSON BLOCK
I MAIN ROAD, R.C. PURAM
BANGALORE 560021.
3. GUNA
AGED ABOUT 43 YEARS
W/O. DALAYAN
R/AT C.121/2ND CROSS
ROBERTSON BLOCK
I MAIN ROAD, R.C. PURAM
BANGALORE 560021
4. G. SHANTA
AGED ABOUT 40 YEARS
W/O. LATE M.PERUMAL
R/AT 439, 50' ROAD
MUNESWARA BLOCK GEF POST
BANGALORE
2
5. K. SUBRAMANI
AGED ABOUT 62 YEARS
S/O LATE KUPPASWAMY
R/AT C.136, III CROSS, 2ND CROSS
ROBERTSON BLOCK, I MAIN ROAD
R.C. PURAM
BANGALORE-560 021.
6. R.VELU
AGED 53 YEARS
S/O LATE RATNAM
R/AT 3RD CROSS ROBERTSON BLOCK
I MAIN ROAD, R.C. PURAM
BANGALORE 560 021
7. GUNASHEKAR
AGED ABOUT 24 YEARS
S/O R. VELU
R/AT C. 136, 3RD CROSS
ROBERTSON BLOCK
I MAIN ROAD, R.C. PURAM
BANGALORE 560 021.
8. M. KANNAGI
AGED ABOUT 37 YEARS
W/O. R. MOHAN
NO.7/1, II MAIN, 2ND CROSS
ROBERTSON BLOCK
I MAIN ROAD, R.C. PURAM
BANGALORE 560021
9. TRIVENI
AGED ABOUT 40 YEARS,
W/O. JAYARAMAN
NO.136, 3RD CROSS,
ROBERTSON BLOCK I MAIN ROAD
R.C. PURAM
BANGALORE 560021
10 J. VIJAY KUMAR
AGED ABOUT 44 YEARS,
S/O. JAYARAMA MUDALIAR
No.55, 2ND MAIN ROBERTSON BLOCK
I MAIN ROAD
3
R.C. PURAM
BANGALORE 560021
11. CHANDRAMMA
AGED ABOUT 55 YEARS
W/O K. SUBRAMANI
NO.C136, 3RD CROSS
ROBERTSON BLOCK
I MAIN ROAD, R.C. PURAM
BANGALORE 560021.
12. K. BHASKAR
AGED ABOUT 38 YEARS,
S/O K. SUBRAMANIAN
NO.10/1, 3RD NEW KALAPPA BLOCK I MAIN ROAD
R.C. PURAM, BANGALORE 560021
13. V.MANJUNATH
AGED 35 YEARS
S/O N. VEDIVELU MUDLIAR
NO. 10/1, 3RD NEW KALAPPA BLOCK I MAIN ROAD
R.C. PURAM, BANGALORE 560021
14. SHOBARANI
AGED 28 YEARS
W/O. RADHAKRISHNA
NO.17, 3RD CROSS,
SAI BABA NAGAR, SRIRAMPURA,
BANGALORE 560021.
15. SRI M.MOHAN
AGED 34 YEARS
S/O MUNIRATHENAM
R/AT 43/13,II MAIN
MARENAHALLI, VIJAYANAGAR
BANGALORE 560 040. ... PETITIONERS
(BY SRI:R P SOMASHEKARAIAH, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
M.S. BUILDING, BANGALORE
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2. THE HON"BLE DEPUTY COMMISSIONER
BANGALORE
3. THE TAHASILDAR
BANGALORE NORTH TALUK
BANGALORE
4. THE SPECIAL DEPUTY COMMISSIONER
BANGALORE
5. THE POLICE INSPECTOR
RAJAGOPALNAGAR
BANGALORE ... RESPONDENTS
(BY:SRI R.B.SATHYANARAYANA SINGH, HCGP FOR R1-5)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE
226 AND 227 OF THE CONSTITUITON OF INDIA PRAYING
TO DIRECT THE 2ND RESPONDENT SPECIAL DEPUTY
COMMISSIONER, BANGALORE AND 3RD RESPONDENT
DEPUTY COMMISSIONER, BANGALORE AND 4TH
RESPONDENT TAHASILDAR BANGALORE NORTH TALUK
TO IMPLEMENT THEIR ORDERS MADE IN CASE NO. MISC
APPEAL 01/2008-09 ORDERS DATED 3.11.2008 AND
ORDER DATED 31.12.2011 VIDE ANNEXURE-A & E AND
TO IMPLEMENT IN RESPECT OF THIS HON'BLE COURT
ORDER MADE IN W.P. NO.37518/2009 VIDE ANNEXURE-B
i.e. RESPONDENT NO.2, 3 AND 4 TO TAKE NECESSARY
STEPS TO DECLARE ALL THE ALIENATIONS MADE IN
FAVOUR OF THE THIRD PARTIES BY THE
VENKATARAMANAPPA AFTER CANCELLATION OF NOC
DATED 20.11.2002 VIDE ANNEXURE-H, IS RESPECT OF
LAND BEARING SURVEY NO. AND ASSESSMENT NO.84/1
AND KATHA NO.184 SITUATED AT LAGGERE VILLAGE,
YESHWANTHAPURA HOBLI, BANGALORE NORTH TALUK
WITHIN A SPECIFIC TIME TO THE WRIT PETITION AND
DIRECTING THE 5TH RESPONDENT POLICE INSPECTIOR
RAJGOPALANAGAR POLICE STATION, BANGALORE. FOR
GIVING POLICE PROTECTION TO THE PETITIONERS SITES,
FROM ABOVE SAID VENKATARAMANAPPA AND HIS
FOLLOWERS, AS UNDER ANNEXURE-F1 TO F4 TO THE
WRIT PETITION AND ETC.
THESE WPs COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
The petitioners claim to have purchased the sites from one Sri Krishnappa 20 years ago. The sites are said to have been carved out of the land measuring 20 acres at Sy.No.84/1 of Laggere Village, Yeshwanthpura Hobli, Bangalore North Taluk. One Venkataramanappa submitted an application for the grant of occupancy rights in respect of 3 acres of land out of the said extent of 20 acres and he was granted the occupancy rights. It is the petitioners' grievance that Venkatarmanappa and his men have been harassing the petitioners.
2. Sri R.P.Somashekaraiah, the learned counsel for the petitioners submits that whenever the petitioners undertake the repair-works on the houses constructed on the sites, which are sold to them by Krishnappa, Venkataramanappa and his men come and interfere in their work. He submits that the petitioners have filed a complaint with the 6 police seeking the protection, but the Police are not giving any protection to the petitioners. On the other hand, a false case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is registered against the petitioners. He submits that the said criminal proceedings have culminated in the acquittal of the petitioners. He submits that the petitioners are made to wait from morning till evening in the police station. He further submits that the police have openly proclaimed that they will not register any complaint against Venkataramanappa.
3. Sri R.B.Sathyanarayana Singh, the learned Government Pleader appearing for the respondents submits that the dispute is purely of civil nature. It is not known whether the petitioners have purchased the sites from the land belonging to Krishnappa or Venkataramanappa. He submits that the prayers made in the writ petitions are not 7 grantable at all. He read out prayer (a), which is as follows:-
"a) Issue Writ in the Nature of Mandamus directing the 2nd Respondent Special Deputy Commissioner, Bangalore and 3rd Respondent Deputy Commissioner, Bangalore and 4th Respondent Tahasildar Bangalore north taluk to implement their orders made in case No.MISC APPEAL 01/2008-09 orders dated 3.11.2008 and order dated 31.12.2011 vide Annexure-A & E and to implement in respect of this Hon'ble Court order made in W.P. No.37518/2009 vide Annexure-B i.e. Respondent no.2, 3 and 4 to take necessary steps to declare all the alienations made in favour of the third parties by the Venkataramanappa after cancellation of NOC dated 20.11.2002 vide Annexure-H, is respect of land bearing Survey No. and assessment No.84/1 and katha No.184 situated at Laggere village, Yeshwanthapura hobli, Bangalore North taluk within a specific time to the writ petition and etc."
Such prayers are not allowable, so submits the learned Government Pleader.
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4. At this juncture, Sri R.P.Somashekaraiah, the learned counsel for the petitioners submits that he would not press prayer
(a) and that the petitioners would approach the appropriate forums for the implementation of certain orders. He submits that the petitioners would be content, if prayer (b) is acceded to.
5. The submissions of the learned counsel have received my thoughtful consideration. The police are expected, required and directed to process every complaint in accordance with law. The police are there for helping the people and not for harassing them.
6. As far as the protection to the property is concerned, this Court would not confer the jurisdiction that does not belong to the Police. It is necessary that the aggrieved/desirous party has to approach the civil court, obtain an injunction order 9 and thereafter seek a direction from the civil court to the police to assist the petitioners in giving effect to the injunction order.
7. With these observations, directions and liberties, these petitions are disposed of. No order as to costs.
Sd/-
JUDGE VGR