A S GUPTA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Mr.A.S.Gupta, Party-in-Person. Mr.Vijay Kumar A Patil, learned Additional Government Advocate For Respondent Nos.1 to 5. Mr.D.R.Ravishankar, learned counsel for Mr.N. Krishnamurthy, learned counsel for Respondent Nos.6 to 9.

(2.) In this petition under Article 227 of the Constitution of India, the petitioner has prayed for the following reliefs:

(3.) Facts leading to filing of the petition briefly stated are that the petitioner had taken property bearing Municipal No.33, J.C.Nagar, Munireddy Palyam, Bengaluru measuring 60'x70' feet on perpetual lease deed, which was executed on 22.12.2008. It is averred that the petitioner purchased the very same property from one Vishwanatha Dwivedi by a registered sale deed dated 06.03.2010. However, in the absence of the petitioner, aforesaid Vishwanatha Dwivedi broke open the main door of the newly constructed building of the petitioner and stole materials worth more than Rs.6,50,000/-. The petitioner came to Bangalore on 31.07.2018 and made a complaint to the jurisdictional police. Thereupon, Crime No.110/2018 was registered. The petitioner subsequently submitted a complaint to the Director General of Police on 14.08.2018 and 16.08.2018. It is also pertinent to mention here that the petitioner has filed two civil suits viz., O.S.No.9388/2018 as well as O.S.No.9387/2018 seeking the reliefs of rectification of the instruments as well as for possession of the property in question. It is the case of the petitioner that despite the fact that the petitioner has lodged a complaint, the respondents have failed to take any action on the complaint and the petitioner has been made to suffer to the tune of Rs.1,50,00,000/-. In the aforesaid factual background, the reliefs as stated supra have been claimed by the petitioner.