Sri Nagaraju vs The State Of Karnataka
2022 Latest Caselaw 6037 Kant

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     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.52433/2019 (KLGP)

BETWEEN:

1.     SRI NAGARAJU
       S/O LATE CHIKKA HANUMAIAH,
       AGED ABOUT 58 YEARS,

2.     SRI CHIKKA NAGARAJU
       S/O LATE CHIKKA HANUMAIAH,
       AGED ABOUT 56 YEARS,

       BOTH ARE R/O KADABAGERE VILLAGE,
       DASANAPURA HOBLI,
       BENGALURU NORTH TALUK,
       BENGALURU DISTRICT.              ... PETITIONERS

(BY SRI RAJAGOPAL.M.R., SENIOR COUNSEL)

AND:

1.     THE STATE OF KARNATAKA
       BY ITS SECRETARY,
       DEPARTMENT OF REVENUE,
       VIDHANA SOUDHA,
       BENGALURU-560001.

2.     THE STATE OF KARNATAKA
       BY ITS SECRETARY.
       DEAPARTMENT OF LAW AND
       PARLIAMENTARY AFFAIRS,
       VIDHANA SOUDHA,
       BENGALURU-560001.
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3.   THE DEPUTY COMMISSIONER
     BENGALURU URBAN DISTRICT,
     KANDAYA BHAVANA,
     K. G. ROAD,
     BENGALURU-560009.

4.   THE ASSISTANT COMMISSIONER
     BENGALURU NORTH SUB - DIVISION,
     BENGALURU.

5.   THE TAHSILDAR
     BENGALURU NORTH TALUK,
     BENGALURU.

6.   SRI K. C. BHOGANARASIMHAIAH
     S/O CHIKKA HANUMAIAH,
     AGED ABOUT 53 YEARS,
     PRESIDENT,
     KADABAGERE ASHRAYA RESIDENTS FORUM,
     NO.361, 7TH MAIN,
     LAKSHMIDEVINAGARA,
     NANDINI LAYOUT,
     BENGALURU-560096.              ... RESPONDENTS

(BY SRI BASAVARAJU, ADV. FOR
    SMT. VANI.H., AGA FOR R1 TO R5;
    SRI V.SRINIVAS, ADV. FOR R6)


      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTUION OF INDIA, PRAYING TO STRIKE
DOWN THE KARNATAKA LAND GRABBING PROHIBITION ACT
2011 IN VIOLATIVE OF CONSTITUTIONAL MANDATE MUCH LESS
WHICH IS IN CLEAR VIOLATION OF ARTICLE 14 AND 300-A OF
THE CONSTITUTION AS WELL AS THE PROVISIONS ARE ULTRA
VIRES.


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

Mr.M.R.Rajagopal, learned Senior Counsel for the

petitioners.

Smt.Vani H., learned Additional Government Advocate

for respondent Nos.1 to 5.

Mr.V.Srinivas, learned counsel for respondent No.6.

In this writ petition, the petitioners have prayed for

the following reliefs:

a) Strike down the Karnataka Land Grabbing Prohibition Act, 2011 is violative of constitutional mandate, much less which is in clear violation of Article 14 and 300A of the Constitution as well as the provisions are ultra vires;

b) Issue a writ in the nature of certiorari or any other writ to quash the proceedings in LGC (P) No.137/2018 pending on the file of Karnataka Land Grabbing Prohibition Special Court, Bengaluru as per Annexure-R and the reports dated 06.02.2019 submitted by respondent No.5 in No.LND(N)CR.183/17-18 as per Annexure-Q and also the report dated 17/19.08.2019 submitted by respondent No.5 in No.LND(N)CR.183/17-18 before the

Karnataka Land Grabbing Prohibition Special Court, Bengaluru as per Annexure-Q1.

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

petitioners 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/-