Basavaraj vs The State Of Karnataka
2022 Latest Caselaw 6030 Kant

                               1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 4TH DAY OF APRIL 2022

                            PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE

                              AND

     THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY


              W.P. NO.42245 OF 2019 (KLGP)


BETWEEN:

1.    BASAVARAJ
      S/O DODDAHUCHAPPA
      AGED ABOUT 40 YEARS
      OCC:AGRICULTURE
      NADAHALLI (VILLAGE)
      SAGARA (TALUK)
      SHIVAMOGA-577 426.

2.    M.K. MYLAPPA
      S/O SHIVAPPA
      AGED ABOUT 65 YEARS
      OCC:AGRICULTURE
      BELHANDHURU (VILLAGE)
      SAGARA (TALUK)
      SHIMOGA-577 426.

3.    VENKATESH
      S/O NINGAPPA
      AGED ABOUT 38 YEARS
      OCC:AGRICULTURE
      BELHANDHURU (VILLAGE)
      SAGARA (TALUK)
      SHIMOGA-577 426.
                             2



4.   BIJU
     S/O P.V. VARGEESA @ THANGACHA
     AGED ABOUT 38 YEARS
     OCC:AGRICULTURE
     BELHANDHURU (VILLAGE)
     SAGARA TALUK
     SHIMOGA-577 426.

5.   GOPALA
     S/O PATIL HUCHAPPA
     AGED ABOUT 40 YEARS
     OCC:AGRICULTURE
     KARLIKOPPA (VILLAGE)
     SAGARA TALUK
     SHIMOGAA-577 426.

6.   LINGAMURTY
     S/O H.B. RAMAPPA
     AGED ABOUT 38 YEARS
     OCC:AGRICULTURE
     NADAVALLI (VILLAGE)
     SAGARA TALUK
     SHIMOGA-577 426.

7.   SIDDAPPA
     S/O NEELAPPA
     AGED ABOUT 45 YEARS
     OCC:AGRICULTURE
     MUDUBASIDDAPURA VILLAGE
     SHIKARIPURA TALUK
     SHIMOGA-577 431.

8.   RATHANNAMMA
     C/O BASAVANYAPPA
     AGED ABOUT 40 YEARS
     OCC:AGRICULTURE
     MUDUBASIDDAPURA VILLAGE
     SHIKARIPURA TALUK
     SHIMOGA-577 431.

9.   SRIDHAR
     S/O NINGAPPA
     AGED ABOUT 40 YEARS
                                 3



     OCC:AGRICULTURE
     BELHANDHURU VILLAGE
     SAGARA TALUK
     SHIMOGA-577 426.

10. RAMESH
    S/O CHANDRAPPA
    AGED ABOUT 38 YEARS
    OCC:AGRICULTURE
    MUDUBSIDDAPURA VILLAGE
    SHIKARIPURA TALUK
    SHIMOGA-577 431.

11. KEREYAMMA
    C/O BANGARAPPA
    AGED ABOUT 43 YEARS
    OCC:AGRICULTURE
    MULLAKERE VILLAGE
    BARUR POST, SAGARA TALUK
    SHIMOGA-577 423.

                                         ... PETITIONERS
(BY MR. NANDISH PATIL, ADV.,)

AND:

1.   THE STATE OF KARNATAKA
     REP. BY ITS CHIEF SECRETARY
     REVENUE DEPARTMENT
     M.S. BUILDING, BENGALURU-560 001.

2.   DEPUTY CONSERVATOR OF FOREST
     SHIMOGA, SHIMOGA DISTRICT-577423.

3.   THE RANGE FOREST OFFICER
     AMBLIGOLA
     SHIMOGA DISTRICT-577423.

                                         ... RESPONDENTS
(BY MRS. VANI H, AGA)
                            ---
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      THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE
PROVISIONS OF THE KARNATAKA LAND GRABBING PROHIBITION
ACT, AS UNCONSTITUTIONAL AND ULTRA VIRES ARTICLE 14, 19,
21 AND 300A OF THE CONSTITUTION OF INDIA. QUASH THE
CRIMINAL PROCEEDINGS PENDING BEFORE THE LAND GRABBING
SPECIAL COURT IN PROCEEDINGS LGC G NO.740/2018,
741/2018, 742/2018, 744/2018, 747/2018, 748/2018, 751/18,
752/18, 754/2018, 759/2018, 786/18 AS THE PETITIONERS
UNDER SECTIONS 9.1 OF THE KARNATAKA LAND GRABBING
PROHIBITION ACT 2011 PRODUCED AND MARKED ANNEXURE.D
TO D10.

     THIS W.P. COMING ON FOR ORDERS,                THIS   DAY,
ALOK ARADHE J., MADE THE FOLLOWING:

                                ORDER

Mr.Nandish Patil, learned counsel for the petitioners.

Smt.Vani H., learned Additional Government Advocate

for the respondents.

In this writ petition, the petitioners have prayed for the

following reliefs:

a) Issue a writ of appropriate nature to declare that the provisions of The Karnataka Land Grabbing Prohibition Act, as unconstitutional and ultra vires Article 14, Article 19 and Article 21 and Article 300A of the Constitution of India.

b) Issue a writ in the nature of certiorari or any other writ, order or direction quashing the criminal proceedings pending before the Land Grabbing Special Court in Proceedings LGC(G) No.740/2018, LGC(G) No.741/2018, LGC(G) No.742/2018, LGC(G) NO.744/2018, LGC(G) 747/2018, LGC(G) No.748/2018, LGC(G)751/2018, LGC(G)No.752/2018, LGC(G) No.754/2018, LGC(G) No.759/2018, LGC No.768/2018, as the Petitioners under section 9(1) of the Karnataka Land Grabbing Prohibition Act 2011, produced and marked Annexure-D to D10.

2. When the matter was taken up today, learned

counsel for the parties jointly submitted that the validity of

the Karnataka Land Grabbing Prohibition Act, 2011

(hereinafter referred to as 'the Act' for short), has been

upheld by a Division Bench of this Court vide order dated

19.01.2021 passed in W.P.No.47747/2017.

3. For the reasons assigned in the aforesaid judgment,

the challenge to the aforesaid Act is repelled. However,

liberty is granted to the petitioners to take all such

contentions as are permissible in law in the proceeding before

the Special Court constituted under the provisions of the Act.

Accordingly, the petition is disposed of, with the

aforesaid liberty.

Sd/-

JUDGE

Sd/-

JUDGE

RV