Karnataka High Court
WP/13508/2026 of SRI SATGURU UDAY SINGH Vs STATE OF KARNATAKA on 28 April 2026
NC: 2026:KHC:23752 WP No. 13508 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 13508 OF 2026 (KLR-RES) BETWEEN: 1. SRI SATGURU UDAY SINGH S/O SRI MAHARAJA BIR SINGH, AGED ABOUT 68 YEARS,
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 13508 OF 2026 (KLR-RES)
BETWEEN:
1.
SRI SATGURU UDAY SINGH
S/O SRI MAHARAJA BIR SINGH,
AGED ABOUT 68 YEARS,
R/AT NO.302, 1ST PHASE,
10TH CROSS, IDEAL HOMES,
RAJA RAJESHWARI NAGAR,
BENGALURU 560098.
2.
SMT. GURSHARAN KAUR,
W/O SRI UDAY SINGH,
AGED ABOUT 62 YEARS,
R/AT NO.302, 1ST PHASE,
10TH CROSS, IDEAL HOMES,
RAJA RAJESHWARI NAGAR,
BENGALURU 560098.
3.
SRI JAGTAR SINGH SANDHU,
S/O SRI MAHINDER SINGH,
AGED ABOUT 70 YEARS,
R/AT NO.302, 1ST PHASE,
10TH CROSS, IDEAL HOMES,
RAJA RAJESHWARI NAGAR,
BENGALURU 560098
…PETITIONERS
(BY SRI. CHANDRASHEKAR.P., ADVOCATE)
Digitally signed
by JUANITA
THEJESWINI
Location: HIGH
COURT OF
KARNATAKA
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AND:
1.
STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HOME,
VIDHANA SOUDHA,
BENGALURU 560001.
2.
THE DEPUTY TAHSILDAR,
KENGERI NADAKACHERI,
C BUILDING, M.T. KENGERI,
BENGALURU 560060.
…RESPONDENTS
(BY SRI.SHAMANTH NAIK., HCGP)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE SECOND
RESPONDENT-SPECIAL TAHSILDAR TO PROVIDE NECESSARY
POLICE PROTECTION TO THE PETITIONERS TO ENABLE THEM
TO PUT UP FENCING AND SAFEGUARD THEIR SCHEDULE
PROPERTY
AGAINST
UNLAWFUL
INTERFERENCE,
ENCROACHMENT, OR OBSTRUCTION BY THIRD PARTIES, IN
TERMS OF THE PETITIONERS REPRESENTATIONS DATED
18.03.2026
AND
27.03.2026,
AS
SOUGHT
BY
THE
PETITIONERS AT ANNEXURE-P AND P-1 TO THE WRIT
PETITION AND ETC.,
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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CORAM: HON'BLE MR. JUSTICE R DEVDAS
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ORAL ORDER
Learned High Court Government Pleader takes notice for the respondents.
2. The grievance of the petitioners is that some private individuals have put up a road and drainage on the property belonging to the petitioners, although there is an order of temporary injunction operating against such persons in O.S.No.218/2026 on the file the II Addl. Civil Judge, Bengaluru Rural District, Bengaluru. The petitioners have given representations at Annexures- P and P1 to the Tahsildar seeking to take action to remove the unauthorised road and drainage put up on the property belonging to the petitioners. The petitioners are also seeking police protection for the property belonging to the petitioners.
3. Learned High Court Government Pleader raises an objection that such a request made by the petitioners
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cannot be considered by the Tahsildar. If there is a dispute between private persons the remedy would lie before the competent Civil Court.
4. Having heard the learned counsel for the petitioner the learned High Court Government Pleader and on perusing the petition papers, this Court is of the considered opinion that despite the petitioners obtaining an order of temporary injunction at the hands of the Civil Court, if the defendants therein have violated the injunction order, then the remedy for the petitioners is to file an application for contempt before the civil court. The petitioners are also entitled to seek police protection at the hands of the civil court in order to implement the interim injunction order already granted by the civil court.
5. Accordingly, the writ petition stands disposed of, reserving liberty to the petitioners to file such application before the civil court. If such an application is already filed by the petitioners in O.S. No.218/2026, the learned II Addl. Civil Judge, Bengaluru Rural District,
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Bengaluru is directed to take up the application and pass necessary orders to implement the orders of injunction already passed by the civil court and to provide police protection to the plaintiffs therein to effectively implement the orders of injunction already granted by the civil court.
6. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today.
Sd/- (R DEVDAS) JUDGE
KLY/- CT: JL