Sri. Francis George vs The State Of Karnataka
2022 Latest Caselaw 6038 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.51265/2019 (KLGP)

BETWEEN:

SRI. FRANCIS GEORGE
S/O SRI C. M. VARKI,
AGED ABOUT 49 YEARS,
R/O JOYE ESTATE,
HENGAVALLI VILLAGE,
KUNDAPURA TALUK,
UDUPI DISTRICT - 576 201.                ... PETITIONER

(BY SRI K.PRASANNA SHETTY, ADV.)

AND:

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

2.     THE DEPUTY COMMISSIONER
       UDUPI DISTRICT,
       RAJATHADRI,
       MANIPAL,
       UDUPI DISTRICT - 576 104.

3.     THE ASSISTANT COMMISSIONER
       KUNDAPURA TALUK,
       UDUPI DISTRICT - 577 201.
                                2

4.    THE TAHASILDAR
      KUNDAPURA TALUK,
      UDUPI DISTRICT - 577 201.

5.    STATION HOUSE OFFICER
      SHANKARANARAYANA POLICE STATION,
      KUNDAPURA CIRCLE,
      UDUPI DISTRICT - 576 282.      ... RESPONDENTS

(BY SMT. VANI.H., AGA)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTUION OF INDIA, PRAYING TO DECLARE
THAT THE PROVISIONS OF THE KARNATAKA LAND GRABBING
PROHIBITION ACT, IS UNCONSTITUTIONAL AND ULTRA VIRES
ARTICLE 14, ARTICLE 19 AND ARTICLE 21 AND ARTICLE 300A
OF THE CONSTITUTION OF INDIA, (ANNX-E).


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

                            ORDER

Mr.K.Prasanna Shetty, 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:

a) Issue a writ of appropriate nature to declare that the provisions of The Karnataka Land Grabbing Prohibition Act, is unconstitutional and ultra vires Article 14,

Article 19 and Article 21 and Article 300A of the Constitution of India (Annexure-E).

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 No.LGC(T)No.716/2019, against the Petitioner for offence punishable under Section 192(A) of the Karnataka Land Revenue Act 1964 (Annexure-D).

c) Issue a writ in the nature of certiorari or any other writ, order or direction quashing the notice in proceedings No.LGC (T) No.716/2019 issued by the Land Grabbing Special Court (Annexure-D).

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/-