Sri Mahaboob Basha vs State Of Karnataka
2022 Latest Caselaw 8043 Kant

                               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.4538 OF 2020 (KLGP)

BETWEEN:

SRI. MAHABOOB BASHA
S/O BALLARI NABI SAB
AGED ABOUT 36 YEARS
R/AT RAMPURA VILLAGE
MOLAKALMURU TALUK
CHITRADURGA DISTRICT - 577540.
                                          ... PETITIONER
(BY MR. NAVEED AHMED, ADV.,)


AND:

1.    STATE OF KARNATAKA
      REP. BY ITS CHIEF SECRETARY
      GOVERNMENT OF KARNATAKA
      VIDHANSOUDHA
      BENGALURU - 560001.

2.    THE TAHSILDAR
      MOLAKALMURU TALUK
      CHITRADURGA DISTRICT - 577540.

3.    MANAGING COMMITTEE
      JAMIA MASJID, IDGAH AND GRAVEYARD
      (SUNNI) RAMPUR VILLAGE
      MOLKALMURU TALUK
                                2



    CHITRADURGA DISTRICT - 577540
    REP. BY ITS SECRETARY.

                                              ... RESPONDENTS
(BY MRS. VANI H, AGA FOR R1 & R2)
                            ---

      THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE
KARNATAKA LAND GRABBING PROHIBITION ACT, 2011 PASSED
BY THE R-1 AS THE SAME IS HIGHLY ILLEGAL VIOLATIVE OF
ARTICLE-14, 19, 20, 21 AND 300A OF THE CONSTITUTION OF
INDIA. SET ASIDE OR DELETE THE WORK WAKF INCLUDED IN
THE DEFINITION OF LAND U/S 2(d) OF THE KARNATAKA LAND
GRABBING PROHIBITION ACT, 2011 AND CONSEQUENTLY DELETE
THE DEFINITION OF WAKF U/S 2(m) OF KLGP ACT. CALL FOR THE
ENTIRE RECORDS FROM THE SPECIAL COURT FOR LAND
GRABBING AT BENGALURU IN THE FILE OF LGC (G)
NO.1973/2018 & ETC.

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

                               ORDER

Mr.Naveed Ahmed, learned counsel for the petitioner.

Smt.Vani H., learned counsel for the respondent Nos.1

and 2.

In this petition, the petitioner has assailed the validity

of the Karnataka Land Grabbing Prohibition Act, 2011

(hereinafter referred to as 'the Act' for short) and has sought

deletion of the word 'Wakf' included in the definition of land

under Section 2(d) of the Act. A Division Bench of this Court

by judgment dated 19.01.2021 passed in

W.P.No.47747/2017 has upheld the validity of the Act.

2. It is well settled in law that once the validity of an

Act has been upheld, a challenge to different provisions

cannot be made (See: 'M/s. KESHO RAM AND COMPANY

AND OTHERS Vs. UNION OF INDIA AND OTHERS'

(1989) 3 SCC 159.

3. For the aforementioned reasons, the writ petition is

disposed of with liberty to raise all such contentions as may

be available to the petitioner to be raised in the proceeding

pending before the Special Court constituted under the

provisions of the Act

Sd/-

JUDGE

Sd/-

JUDGE

RV