- (1.)In this writ petition under Art.226 of the Constitution, the petitioner has challenged a notice d| 25-1-1978 (date and year of the notice are not dear received by him On 25-4-1978) -issued by the Sub-Inspector of Police, Periyapatna Police Station, Periyapatna.
(2.)The petitioner claims to be the tenant of S.Nos. 107/1, 107|2 and 135 measuring about 5 acnes and 23 guntas of land situated at Makodu village, Periyapatna Taluk. It is the case of the petitioner that he is in actual possession and enjoyment of these lands as tenant of One Chandpeer Sab and the application made by his landlord for grant Of injunction was refused by this Court in an earlier writ petition filed by has landlord in WP.2846 of 1977 which has been finally decided on 22-2-1978. It is, his case that while he is in possession and no injunction has been, granted either by a Land Tribunal or a Civil Court, the Sub Inspector of Police, Periyapatna Police Station in the impugmed notice styled as a ' warning notice to owners and occupiers of land when a breach of peace is apprehended, has virtually issued an order of temporary injunction restraining him from enjoying the lands in his possession. The notice of the Sub- Inspector received on 25-4-1978 by the petitioner reads thus: - Warning Notice to Owners and Occupiers of land when a Breach of the Peace is apprehended. To M.K. Ibrahim Sheriff, s/o Kareem Sheriff, aged, 56 yrs on behalf of Land in Sy.No.107/1, 107|2 and 135|1......... Owner Occupier. At Village: Makodu village, Police Station: Periyapatna, District: Mysore. Sir, Information has reached me of the likelihood of a oreach of the peace in respect of a dispute regarding land dispute in, Sy.No.i07 1, 107/2, and 135 1 at Makodu village, Periyapatna Taluk, situated at and bounded as below in which you are interested as owner or occupier, have therefore, to request you to use all lawful means in your power as required in Sec.154, Indian Penal Code, to prevent any breach of the peace. In order to impress upon you your resiponsibility under the provision of the said section, it is reproduced on the back for ready reference. Boundaries of the place on which about which a breach of the peace is apprehended :
1. North Land of Kaseregowda ; 2. East: Land of Kasaregowda 3. South: Soppina Garden, Doddakere 4. West: Kaleppa, Javarappa's land.
You are hereby directed to stop the enjoyment of the above said land till the end of fresh enquiry at Tribunal Court, Perlyapatna as per the order of Writ Petition No.2846/77 d| 22-2-1978 of High Court of Karnataka Bangalore. Hence you are requested to stop the enjoyment of above land until disposal of re-enquiry of Land Tribunal. Sub-Inspector of Police, Periyapatna Police Station, Mysore Dist. 25|1. sdi---------------(in Urdu) 25-4-78. Sec.154 IPC.
(3.)In the penultimate para of the notice the Sub-Inspector of Police has expressly directed the petitioner to stop the enjoyment of the lands till the end of a fresh enqury by the Land Tribunal in pursuance of the order of this Court in WP.2846/77. In my opinion, Sri G.S.Visweswara, learned Counsel for the petitioner, is right in his submission that though the impugned notice in styled as a warning notice, it is really in the nature of an order of injunction restraining the petitioner from enjoying the lands the are in his possession and therefore the interference of this Court is called for under Art.226 of the Constitution.