SUNANDA vs THE STATE OF KARNATAKA AND ORS

Court
Karnataka High Court

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IN THE HIGH COURT OF KARNATAKA


KALABURAGI BENCH

TH
DATED THIS THE 13 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

WRIT PETITION NO. 201918 OF 2024 (GM-RES)

BETWEEN:

1. SUNANDA W/O SHARANAPPA KHILARI
AGE: 56 YEARS, OCC: H H WORK
R/O NAGANASUR
TQ. AKKALKOT, DIST. SOLAPUR
MAHARASHTRA

2.
SHIVAPUTRA S/O NINGAPPA SAVALAGI
AGE: 44 YEARS, OCC: AGRICULTURE
R/O AGARKHED TQ. INDI, DIST. VIJAYAPURA








…PETITIONERS
(BY SRI. SHIVASHANKAR H MANUR.,ADVOCATE)

Digitally
signed by
SWETA
KULKARNI
Location:
HIGH COURT
OF
KARNATAKA

AND:

1. THE STATE OF KARNATAKA
REPRESENTED BY ITS CHIEF SECRETARY
VIDHANA SOUDHA, BENGALURU-560001.

2. THE DEPUTY INSPECTOR GENERAL OF POLICE
BELGAUM – 590001.

3.
THE SUPERINTENDENT OF POLICE
VIJAYAPURA-586101.

4. THE CIRCLE POLICE INSPECTOR
INDI RURAL, P.S INDI-586209.

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5. THE POLICE SUB-INSPECTOR
INDI RURAL POLICE STATION
INDI-586209.

6.
THE ASSISTANT COMMISSIONER
INDI-586209.

7. THE TAHSILDAR
INDI-586209.

…RESPONDENTS
(BY SRI.VIRANAGOUDA BIRADAR, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN
NATURE OF MANDAMUS OR ANY OTHER SUITABLE WRIT
DIRECTING THE RESPONDENTS NO.2 TO 5 THAT NOT TO
INDULGE IN HIGH HANDED AND ILLEGAL ACTS THE
PETITIONERS FROM SY.NO.85/2B MEASURING 10 ACRES 05
GUNTAS OF AGARKHED, TQ. INDI, DIST. VIJAYAPUR, UNDER
THE GUISE OF POLITICIANS, LAND-GRABBERS WITHOUT DUE
PROCESS OF LAW, IN THE INTEREST OF JUSTICE.II. ISSUE A
WRIT IN NATURE OF MANDAMUS OR ANY OTHER SUITABLE
WRIT DIRECTING THE RESPONDENTS NO.2 TO 5 TO GIVE
PROTECTION TO THE PETITIONERS FROM SY.NO.85/2B
MEASURING 10 ACRES 05 GUNTAS OF AGARKHED, TQ. INDI,
DIST. VIJAYAPUR, AGAINST ANY MEN, POLITICIANS, LAND-
GRABBERS WITHOUT DUE PROCESS OF LAW, IN THE INTEREST
OF JUSTICE.III. PASS ANY SUCH FURTHER ORDER OR RELIEFS
OR DIRECTIONS BE GRANTED TO WHICH THE PETITIONERS
WOULD BE FOUND ENTITLED TO ON THE FACTS AND
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:

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CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL ORDER
This writ petition is filed seeking following prayers:
“i. Issue a writ in nature of mandamus or any other
suitable writ directing the respondents no.2 to 5 that
not to indulge in high handed and illegal acts the
petitioners from sy.no.85/2b measuring 10 acres 05
guntas of agarkhed, tq. indi, dist. vijayapur, under
the guise of politicians, land-grabbers without due
process of law, in the interest of justice.

ii. Issue a writ in nature of mandamus or any other
suitable writ directing the respondents no.2 to 5 to
give protection to the petitioners from sy.no.85/2b
measuring 10 acres 05 guntas of agarkhed, tq. indi,
dist. vijayapur, against any men, politicians, land-
grabbers without due process of law, in the interest
of justice.
iii. Pass any such further order or reliefs or directions
be granted to which the petitioners would be found
entitled to on the facts and circumstances of the
case, in the interest of justice and equity”


2. Sri Shivashankar H Manur, learned counsel for
the petitioners submits that the petitioners had filed a suit

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for partition and separate possession against the
defendants therein, wherein an interim injunction was
granted by the Trial court. It is submitted that the
defendant No.8 in the said suit filed by the petitioner had
filed a suit in OS No.321/2022 for relief of declaration and
permanent injunction on certain grounds. When things
stood thus, the respondent Nos.2 to 5 tried high handedly
to dispossess the petitioners by ignoring the fact that the
parties were litigating before the Civil Court. It is
submitted that the defendants in the suit approached the
police authorities and in violation of the interim injunction
granted by the Civil Court, they tried to dispossess the
petitioners. It is also submitted that the petitioners are in
a settled position, as can be noticed from the revenue
records and the photographs placed on record. Hence, he
seeks a writ in the nature of mandamus to the respondent
Nos.2 to 5 not to indulge in dispossessing the petitioners.

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3. Per contra, learned Additional Government
Advocate submits that the writ petition averments make it
clear that the parties are ascertaining their rights in the
civil suit. However, this writ petition is filed only to build a
pressure on the police authorities to settle their private
scores. It is further submitted that none of the
respondents, either the revenue authorities or the police
authorities are interested in the private dispute between
the parties and they would abide by the decision passed
by the Civil Court. Hence, he seeks to dismiss the petition.

4. I have heard the arguments of the learned
counsel for the petitioners, learned Additional Government
Advocate and meticulously perused the material available
on record.

5. The petitioners had filed a suit in OS
No.173/2022 before the Civil Judge in JMFC, Indi seeking
relief of partition and separate possession against the
defendants therein. The Trial Court allowed the application

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of the plaintiffs-petitioners filed under Order XXXIX Rule 1
and 2 of Code of Civil Procedure, 1908 and restrained the
defendants from interfering and obstructing the peaceful
possession and enjoyment of the plaintiffs, over the suit
land and the said order appears to have continued. It is to
be noted that the defendant No.8 in the said suit also filed
suit in OS No.321/2022 seeking relief of declaration and
permanent injunction. The said suit is pending
consideration before the competent Court and the
petitioners herein are the defendant Nos.3 and 4 in the
said suit. The petitioners approached this Court by making
certain assertions at paragraph No.5 of the writ petition
that the respondent Nos.2 to 5 are illegally and
highhandedly trying to dispossess the petitioners from the
suit schedule property, without due process of law. It is to
be noticed that except for making such self-serving
statement in the writ petition, the petitioners have not
placed any material on record to accept the said statement
as to the assertion that respondent Nos.2 to 5 were

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interfering with the disputes of the private parties and
were trying to dispossess the petitioners.

6. Be that as it may, the parties are now before
the competent Civil Court to adjudicate their rights. The
learned Additional Government Advocate upon instructions
from the police and revenue authorities had made a
statement that the authorities never interfered with the
rights of the parties, especially when civil suits were
pending between them. In view of the aforesaid
submission, I am of the considered view that no direction
can be issued to the respondents in the matter.

7. The writ petition is disposed of . It is made
clear that the disposal of the writ petition will not come in
the way of Civil Court deciding the suits on its merits.

Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE

NJ
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