Karnataka High Court
Sri Sridhar Naidu vs State Of Karnataka on 4 April, 2022
Bench: Alok Aradhe, S Vishwajith Shetty
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.11987 OF 2019 (KLGP)
BETWEEN:
1. SRI. SRIDHAR NAIDU
S/O R.G.S. NAIDU
AGED ABOUT 68 YEARS
MANAGING PARTNER
M/S R.S. ROCK SAND
A PARTNERSHIP CONCERN
HAVING ITS REGISTERED OFFICE AT
NO.301, CENTINI PLAZA, VASAVI LAYOUT
CHALLAGHATTA, BENGALURU 560 037.
2. SRI. R. RAJESH @ RAJESH NAIDU
S/O SRI. SRIDHAR NAIDU
AGED ABOUT 36 YEARS
MANAGING PARTNER
M/S R.S. ROCK SAND
A PARTNERSHIP CONCERN
HAVING ITS REGISTERED OFFICE
AT NO.301, CENTINI PLAZA, VASAVI LAYOUT
CHALLAGHATTA, BENGALURU 560 037.
3. SRI. AACHATANAHALLI MANJUNATH
MANAGER
AGED ABOUT 39 YEARS
M/S R.S. ROCK SAND
A PARTNERSHIP CONCERN
BETTAHOSAPURA
2
MEDIHALLA POST
KOLAR TALUK AND DIST 517247.
4. SRI. E. CHANDRAPPA
S/O ERAPPA
SUPERVISOR
AGED ABOUT 35 YEARS
M/S R.S. ROCK SAND
A PARTNERSHIP CONCERN
BETTAHOSAPURA, MEDIHALLA POST
KOLAR TALUK AND DIST 517247.
5. SRI. VENKATARAMANAPPA
S/O LATE NARREPLPA
AGED ABOUT 42 YEARS
CANTEEN MANAGER
M/S R.S. ROCK SAND
A PARTNERSHIP CONCERN
BETTAHOSAPURA, MEDIHALLA POST
KOLAR TALUK AND DIST 517247.
... PETITIONERS
(BY MR. A. MADHUSUDHANA RAO, ADV.,)
AND:
1. STATE OF KARNATAKA
REP. BY ITS SECRETARY
GOVERNMENT OF KARNATAKA
REVENUE DEPARTMENT
M.S. BUILDING, BENGALURU 560 001.
2. THE DEPUTY COMMISSIONER
KOLAR DISTRICT, KOLAR 517247.
3. THE TAHASILDAR
KOLAR TALUK
KOLAR 517247.
4. SRI. BELLAMARANAHALLI SRINIVAS
BETTAHOSAPURA, MEDIHALLA POST
KOLAR TALUK AND DIST 517247.
3
5. SUB-INSPECTOR
VEMAGAL POLICE STATION
KOLAR TALUK AND DIST 517247.
... RESPONDENTS
(BY MRS. VANI H, AGA FOR R1, R2, R3 & R5)
---
THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO DECLARE THE KARNATAKA
LAND GRABBING PROHIBITION ACT, (KARNATAKA ACT 38 OF
2014) AS ULTRA VIRUS THE CONSTITUTION OF INDIA
(PRODUCED AS ANNEXURE-N); AND/OR IN THE ALTERNATIVE.
DECLARE THAT THE KARNATAKA LAND GRABBING PROHIBITION
ACT, 2011 (KARNATAKA ACT 38 OF 2014) IS NOT APPLICABLE TO
THE PETITIONERS (PRODUCED AS ANNEXURE-N) AND. QUASH
THE IMPUGNED SUMMONS DATED 29.12.2018 ISSUED BY THE
REGISTRAR OF THE KARNATAKA LAND GRABBING PROHIBITION
SPECIAL COURT, IN CASE PRODUCED AS ANNEXURES G, H, J & K,
L. & ETC.
THIS W.P. COMING ON FOR ORDERS, THIS DAY,
ALOK ARADHE J., MADE THE FOLLOWING:
ORDER
Mr.A.Madhusudhana Rao, learned counsel for the
petitioners.
Smt.Vani H., learned Additional Government Advocate
for the respondent Nos.1, 2, 3 and 5.
In this writ petition, the petitioners have prayed for the
following reliefs:
a) Issue a writ Declaring the Karnataka Land
Grabbing Prohibition Act, (Karnataka Act 38 of
2014) as ultra virus the Constitution of India
(Produced as Annexure-N); and/or in the
alternative.
b) Issue a writ declaring that the Karnataka
Land Grabbing Prohibition Act, 2011 (Karnataka
Act 38 of 2014) is not applicable to the Petitioners
(Produced as Annexure-N) and.
c) Issue a writ of certiorari and quash the
impugned summons dated 29.12.2018 issued by
the Registrar of the Karnataka Land Grabbing
Prohibition Special Court, in case No.L.G.C.(P)
No.315/2018, (Produced as Annexures-G, H, J &
K, L).
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
