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Karnataka High Court

Parle Agro Private Limited vs State Of Karnataka on 11 March, 2025

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

                                                  -1-
                                                           NC: 2025:KHC:10217
                                                           W.P. No.5435/2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 11TH DAY OF MARCH, 2025

                                               BEFORE
                           THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
                            WRIT PETITION NO.5435/2023 (GM-POLICE)


                      BETWEEN:

                      PARLE AGRO PRIVATE LIMITED
                      HAVING REGISTERED CORPORATE
                      HEAD OFICE OFF WESTERN EXPRESS HIGHWAY
                      SAHAR-CHAKALA ROAD
                      PARSIWADA, ANDHERI(E)
                      MUMBAI-400099
                      COMPANY HAS REGISTERED IN
                      COMPANY ACT, 1956.

                      HAVING MANUFACTURING UNIT AT
Digitally signed by   PLOT NO.32-41, 54-63, 42-44, 45(P)
NAGAVENI              49(P), 50(P), 51-53
Location: High        ADAKANAHALLY INDUSTRIAL AREA
Court of
Karnataka             CHIKKAIHNACHATRA HOBLI
                      NANJANGUD TALUK
                      MYSORE-571302, KARNATAKA.

                      REP. BY ITS AUTHORISED SIGNATORY
                      MUSHEEDULLA KHAN
                      AGED ABOUT 48 YEARS
                      S/O RAHAMATHULLAH KHAN
                      R/O ADAKANAHALLY INDUSTRIAL AREA
                      CHIKKAIAHNACHATRA HOBLI
                      NANJANGUD TALUK
                      MYSORE-571302
                      KARNATAKA
                                                                ...PETITIONER
                      (BY SRI. AIYAPPA K.G. ADV., FOR
                          SRI. ASIM MALIK, ADV.,)
                            -2-
                                       NC: 2025:KHC:10217
                                       W.P. No.5435/2023




AND:

1.   STATE OF KARNATAKA
     REP. BY THE PRINCIPAL SECRETARY
     HOME DEPARTMENT
     VIDHANA SOUDHA
     BENGALURU-560001.

2.   THE SUPERINTENDENT OF POLICE
     OFFICE OF THE SUPERINTENDENT OF POLICE
     HYDER ALI ROAD
     KITTUR RANI CHENGAMMA CIRCLE
     JALAPURI-570019.

3.   THE INSPECTOR OF POLICE
     NANJANGUD RURAL POLICE STATION
     NANJANGUD TOWN
     MYSURU DISTRICT-571301.


                                          ...RESPONDENTS
(BY SRI. RAHUL CARIAPPA, AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 R/W
ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-1 TO 3 TO ACT UPON THE REPRESENTATION
DTD 02/03/2023 AND TO PROVIDE ADEQUATE POLICE
PROTECTION TO THE PETITIONER SO AS TO ENSURE THAT
THERE IS NO IMPEDIMENT TO THE INGRESS AND EGRESS TO
THE MANUFACTURING UNIT OF THE PETITIONER LOCATED AT
PLOT   NO.   32-31,   54-63,   42-44, 45(P).50(P).51-53,
ADAKANAHALLY INDUSTRIAL AREA, CHIKKAIAHNACHATRA
HOBLI, NANJANGUD TALUK, MYSORE, KARNATAKA - 571302
(AS PER ANNEXURE-H AND J). DIRECT THE R-1 TO 3 TO
ENSURE THAT ANY DHARNAS, PROTESTS OR STRIKES ARE TO
BE CONDUCTED AT A DISTANCE OF 500 METRES AWAY FROM
THE PREMISES OF THE MANUFACTURING UNIT OF THE
PETITIONER & ETC.

     THIS PETITION, COMING ON FOR FRESH MATTERS LIST,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
                            -3-
                                        NC: 2025:KHC:10217
                                       W.P. No.5435/2023




CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA


                     ORAL ORDER

The petitioner is before this Court seeking the following prayers:

"a) ISSUE a Writ in the nature of mandamus or any other appropriate writ, order or direction directing the Respondent Nos 1 to 3 to act upon the Representation dated 02.03.2023 and to provide adequate police protection to the Petitioner so as to ensure that there is no impediment to the ingress and egress to the manufacturing unit of the Petitioner located at Plot No. 32-31, 54-63, 42-44, 45(P).50(P). 51-

53, Adakanahally Industrial Area, Chikkaiahnachatra Hobli, Nanjangud Taluk, Mysore, Karnataka - 571302 [As per Annexure H & J];

b) ISSUE a Writ in the nature of mandamus or any other appropriate writ, order or direction directing the Respondent Nos 1 to 3 to ensure that any dharnas, protests or strikes are to be conducted at a distance of 500 metres away from the premises of the manufacturing unit of the Petitioner;

c) Pass any such other Order/s as this Hon'ble Court may deem fit and proper in the facts of the case in the interest of justice." -4-

NC: 2025:KHC:10217 W.P. No.5435/2023

2. Heard Sri.Aiyappa K.G., learned counsel appearing on behalf of Sri.Asim Malik, learned counsel for the petitioner and Sri.Rahul Cariappa, learned Additional Government Advocate for respondents.

3. Owing to the plea of the petitioner, this Court on 07.03.2023 had passed the following order:

"Heard Sri Sandesh J. Chouta, learned senior counsel for the petitioner.
Learned Additional Government Advocate waives notice for the respondents.
Learned counsel for the petitioner on record to serve a copy of the petition papers upon the learned Additional Government Advocate, forthwith.
The petitioner is before this Court on the ground that the representation dated 02.03.2023, seeking adequate police protection at the expenses of the petitioner has not been considered by the respondents.
Learned senior counsel for the petitioner would submit that in terms of the law, employment has been provided to one of the members of the family of those who have lost the land. One person claiming that he has to be given employment is staging -5- NC: 2025:KHC:10217 W.P. No.5435/2023 Dharana in front of the factory premises to which, there is support from others. He would take this Court through the paper publication which is a statement issued by one of the organization, stating that they would shut down the factory on 08.03.2023. It is on this ground, the police protection is sought.
In the light of the aforesaid submission, I deem it appropriate to direct respondent Nos.2 and 3 to accord such protection at the expenses of the petitioner, after assessment of the situation at the spot.
Hand delivery of the order is permitted."

4. Learned AGA would submit that the order is implemented and the protection was granted earlier. There is no such warrant for extending the protection today.

5. Therefore, in the light of the said situation subsiding today, there is no warrant to keep the petition pending for the purpose of grant of police protection. Petitioner is at liberty to approach the jurisdictional police in the event, there is any threat in real time by way of a representation. In the event the representation of the -6- NC: 2025:KHC:10217 W.P. No.5435/2023 nature comes above, the jurisdictional police shall accord such police protection after due verification, in accordance with law. All the expenses of any police protection that is sought, are considered, would be borne by the petitioner themselves.

6. With the above observations, petition stands disposed of.

Sd/-

(M.NAGAPRASANNA) JUDGE BSR List No.: 1 Sl No.: 4