JAYYAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner claims to be the owner in possession and enjoyment of land bearing old Sy.No.32/1, New Sy.No.32/1A, 32/9 measuring 5 acres situated at Varthahalli village, Madbal Hobli, Magadi Taluk. She further claims that Police Inspector, Sri Venkatesh and Constable, Sri Arunkumar attached to Magadi Police Station accompanied land grabbers and forcibly entered the land and destroyed banana plantations and other plants so as to dispossess her and her family members from the land in question. Petitioner has submitted representations dated 2.3.2020 and 4.3.2020 at Annexures-C, C1 and C2 with respondents No.1 to 3 for taking action against the said police officers and also extend police protection. Since the said representations have not been considered by the respondents, the petitioner is constrained to approach this Court.

(2.) Learned counsel for the petitioner submits that suit is filed against the L.Rs of erstwhile owner and the same is pending consideration. He submits that petitioner and her family members will be dispossessed from the land in question by the police personnel, who are hand in glove with the land grabbers to gulp the valuable land. He further submits that it is evident from the photographs produced at Annexures-A, A1 to A3 that police personnel illegally entered the petitioner's land. Hence, he prayed for issuing direction to the respondents to take suitable action against the said police personnel.

(3.) Learned Additional Government Advocate appearing for respondents No.1 to 4 submits that the petitioner has filed the writ petition on 5.3.2020 i.e one day after submitting representation with the 2nd respondent. She submits that this writ petition is premature and accordingly seeks for dismissal of the writ petition.