Sri Sathish K H vs The State Of Karnataka
2022 Latest Caselaw 8040 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 2ND DAY OF JUNE 2022

                          PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE

                               AND

           THE HON'BLE MS.JUSTICE J.M. KHAZI

             W.P. NO.35576 OF 2019 (KLGP)

BETWEEN:

SRI. SATHISH K.H.
S/O HALAPAP HEGDE
AGED ABOUT 50 YEARS
RESIDENT OF KOCHAVALLI VILLAGE
TEKKUR POST, SRINGERI TALUK
CHIKMAGALUR DISTRICT 577139.
                                           ... PETITIONER
(BY MR. V.D. RAVIRAJ, ADV.,)

AND:

1.    THE STATE OF KARNATAKA
      REPRESENTED BY ITS CHIEF SECRETARY
      REVENUE DEPARTMENT
      M.S. BUILDING, BENGALURU-560001.

2.    RANGE FOREST OFFICER
      SRINGERI SUB-DIVISION, SRINGERI
      CHIKKAMAGALURU-577139.

                                           ... RESPONDENTS
(BY MRS. VANI H, AGA FOR R1
         R2 IS SERVED)
                               ---
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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, IS UNCONSTITUTIONAL AND ULTRA VIRES TO ARTICLE 14,
ARTICLE 19, ARTICLE 21 AND ARTICLE 300A OF THE
CONSTITUTION OF INDIA (ANNX-G). QUASHING THE CRIMINAL
PROCEEDINGS PENDING BEFORE THE LAND GRABBING SPECIAL
COURT IN PROCEEDINGS NO.L.G.C.(G) NO.531/2018 AS AGAINST
THE PETITIONER FOR OFFENCE PUNISHABLE U/S 4(3) OF THE
KARNATAKA LAND GRABBING PROHIBITION ACT 2011 (ANNX-F) &
ETC.

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

                                    ORDER

Mr.V.D.Raviraj, 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 to Article 14, Article 19, Article 21 and Article 300A of the Constitution of India (Annexure-G)

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.L.G.C.(G) No.531/2018 as against the petitioner for offence punishable under Section 4(3) of the Karnataka Land Grabbing Prohibition Act, 2011 (Annexure-F)

c) Issue a writ in the nature of certiorari or any other writ, order or direction quashing the order of summons dated 18.09.2018 in Proceedings No.L.G.C.(G) No.531/2018 issued by the Land Grabbing Special Court (Annexure-C).

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 petitioner 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