G.U. Ravi vs The State Of Karnataka
2022 Latest Caselaw 6035 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

        WRIT PETITION No.27065/2019 (KLGP)

BETWEEN:

G.U. RAVI
S/O UDDEGOWDA,
AGE: 55 YEARS,
HAVVALLI VILLAGE, ALDUR POST
CHIKMAGALORE TALUK
CHIKMAGALORE DISTRICT-577101.          ... PETITIONER

(BY SRI GOWDA. G. A. K., ADV.)

AND:

1.     THE STATE OF KARNATAKA
       BY ITS PRINCIPAL SECRETARY
       DEPARTMENT OF REVENUE
       M. S. BUILDINGS,
       DR. B. R. AMBEDKAR VEEDHI,
       BENGALURU - 560 001.

2.     THE RANGE FOREST OFFICER
       ALDUR RANGE, ALDUR POST,
       CHIKMAGALORE TALUK
       CHIKMAGALORE DISTRICT-577101.   ... RESPONDENTS

(BY SMT. VANI.H., AGA)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTUION OF INDIA, PRAYING TO STIKE
                                      2

DOWN THE STATE ACT NO.39/2014 IN ITS ENTIRETY AS BEING
ULTRA VIRES THE CONSTITUTION OF INDIA.


      THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ALOK ARADHE J., MADE THE
FOLLOWING:

                                   ORDER

Mr.Gowda G.A.K., learned counsel for the petitioner.

Smt.Vani H., learned Additional Government Advocate

for the respondents.

In this writ petition, the petitioner has prayed for the

following reliefs:

(i) Strike down the State Act No.39/2014 in its entirety as being ultra vires the Constitution of India;

(ii) Quash the proceedings registered against the petitioner in Case No.L.G.C.(G) No.80/2018 vide Annexure-B by the Karnataka Land Grabbing Special Court, Bengaluru.

2. A Division Bench of this Court vide order dated

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

upheld the validity of the Karnataka Land Grabbing

Prohibition Act, 2011 (hereinafter referred to as 'the Act' for

short).

3. For the reasons assigned in the aforesaid judgment,

the validity of the Act is upheld and the challenge to the

aforesaid Act is repealed. However, liberty is granted to the

petitioner to take all such contentions as are permissible in

law in the proceedings before the Special Court constituted

under the provisions of the Act.

With the aforesaid liberty, the Writ Petition is disposed

of.

Sd/-

JUDGE

Sd/-

JUDGE

KNM/-