Karnataka High Court
Sri L N Narashimha Murthy vs State Of Karnataka on 2 June, 2022
Bench: Alok Aradhe, J.M.Khazi
1
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.11552 OF 2020 (KLGP)
BETWEEN:
SRI. L.N. NARASHIMHA MURTHY
SON OF LATE NARASHIMHAIAH
AGED ABOUT 50 YEARS
RESIDING AT LAKSHMIPURA VILLAGE
DASANAPURA HOBLI
BANGALORE NORTH TALUK
BANGALORE URBAN DISTRICT.
... PETITIONER
(BY MR. SIDDAMALLAPPA P.M. ADV.,)
AND:
1. STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY
VIDHANA SOUDHA
BENGALURU-560 001.
2. THE PRINCIPAL SECRETARY TO GOVERNMENT
REVENUE DEPARTMENT
M S BUILDING
DR. B.R. AMBEDKAR VEEDHI
BENGALURU-560 001.
3. THE DEPUTY COMMISSIONER
BANGALORE URBAN DISTRICT
BANGALORE-560 009.
2
4. THE TAHSILDAR
BANGALORE NORTH TALUK
KANDYA BHAVAN
BANGALORE-560 009.
5. JANATHA EDUCATION SOCIETY REGISTERED
VIVEKANANDA COLLEGE PREMISES
DR. RAJAKUMAR ROAD
RAJAJINAGAR 2ND STAGE
BANGALORE-560 055.
... RESPONDENTS
(BY MRS. VANI H, AGA FOR R1 TO R4
MR. N. SHIVAKUMAR, ADV., FOR R5)
---
THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO CALL FOR ENTIRE
RECORDS PERTAINING TO THE PROCEEDINGS IN LGC(G)
NO.690/2019 PENDING ON THE FILE OF SPECIAL COURT
BENGALURU CONSTITUTED UNDER THE PROVISIONS OF
KARNATAKA LAND GRABBING (PROHIBITION) ACT 2011 AND
O.S.NO.946/2009 AS PER ANNEXURE-B AND M AND ON PERUSAL
OF THE SAME. DECLARE THAT SECTION 4 AND 5 OF THE
KARNATAKA LAND GRABBING PROHIBITION ACT 2011 ARE
UNCONSTITUTIONAL AND STRIKE IT OUT AS UNCONSTITUTIONAL
COPY OF WHICH IS PRODUCED AT ANNEXURE-A & ETC.
THIS W.P. COMING ON FOR ORDERS, THIS DAY,
ALOK ARADHE J., MADE THE FOLLOWING:
ORDER
Mr.Siddamallappa P.M., learned counsel for the
petitioner.
Smt.Vani H., learned Additional Government Advocate
for the respondent Nos.1 to 4.
In this writ petition, the petitioner has prayed for the
following reliefs:
a) Issue a writ of mandamus or any other
appropriate writ, order or direction, declaring that
Section 4 and 5 of the Karnataka Land Grabbing
Prohibition Act, 2011 are unconstitutional and
strike it out as unconstitutional, copy of which is
produced as Annexure-A
b) Issue a writ of certiorari or any other
appropriate writ, order or direction, quashing the
order passed by the learned Additional Senior
Civil Judge, Nelamangala in O.S.No.946/2009
dated 16.03.2019 as per Annexure-M and the
order dated 17.12.2019 passed in L.G.C(T)
690/2019 passed by the Special Court of the
Karnataka Land Grabbing as per Annexure-B and
order to restore original suit O.S.No.946/2009 to
the file of the Additional Senior Civil Judge,
Nelamangala to its original stage and direct the
court to decide the suit on its merit.
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
