B K Rama Priya vs State Of Karnataka
2022 Latest Caselaw 8300 Kant

Citation : 2022 Latest Caselaw 8300 Kant
Judgement Date : 7 June, 2022

Karnataka High Court

B K Rama Priya vs State Of Karnataka on 7 June, 2022

Bench: Alok Aradhe, J.M.Khazi

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 7TH DAY OF JUNE 2022

                       PRESENT

       THE HON'BLE MR. JUSTICE ALOK ARADHE

                            AND

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

             W.P. NO.41232 OF 2019 (KLGP)


BETWEEN:

1. B.K. RAMA PRIYA
   S/O KALAIAH
   AGED ABOUT 59 YEARS
   REP. BY HIS GPA HOLDER
   POOJA P. KAMAT.

2. B.K. SRINIVASA MURTHY
   S/O KALAIAH
   AGED ABOUT 68 YEARS
   REP. BY HIS GPA HOLDER
   POOJA P. KAMAT.

   BOTH ARE R/AT
   CHUNCHANAKUPPE VILLAGE
   TAVAREKERE HOBLI
   BENGALURU SOUTH TALUK.

3. POOJA KAMAT
   W/O PRAMOD RAMDAS KAMAT
   AGED 62 YEARS.

4. PRAMOD RAMDAS KAMAT
   S/O RADHABAI R. KAMAT
   AGED 68 YEARS.
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     PETITIONER 3 AND 4 ARE
     R/AT NO.85, 1ST MAIN ROAD
     1ST CROSS, OKALIPURAM
     BENGLAURU-560 021.

                                           ... PETITIONERS

(BY MR. B. RAMESH, ADV.,)

AND:


1.   STATE OF KARNATAKA
     DEPARTMENT OF REVENUE
     REP. BY ITS SECRETARY
     VIDHANA SOUDHA
     DR. AMBEDKAR VEEDI
     BENGALURU-560 001.

2.   TAHASILDAR
     BENGALURU SOUTH TALUK
     KANDAYA BHAVAN
     K.G. ROAD, BENGALURU-560 009.

3.   HEMANTH RAJ
     S/O MUNIRAJ
     R/AT NO.32, ESHWAR TEMPLE ROAD
     RAMAHALLI, KENGERI HOBLI
     BENGALURU SOUTH TALUK
     BENGALURU-560 074.

                                          ... 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 DECLARE THAT THE

PROVISIONS OF THE KARNATAKA LAND GRABBING PROHIBITION
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ACT, IS UN-CONSTITUTIONAL AND ULTRA VIRES AND VIOLATIVE

OF ARTICLE 14, 19 AND 21 AND ARTICLE 300A OF THE

CONSTITUTION OF INDIA WHICH IS PRODUCED AND MARKED AS

ANNX-A.     QUASH THE ENTIRE PROCEEDINGS PENDING ON THE

FILE   OF     LGC(P)26/2017     BEFORE     THE   SPECIAL     COURT

CONSTITUTED      UNDER    THE     PROVISIONS     OF   KARNATAKA

PROHIBITION OF LAND GRABBING INITIATED AGAINST THE

PETITIONERS FOR THE OFFENCE PUNISHABLE U/S 4(3) OF THE

KARNATAKA LAND GRABBING PROHIBITION ACT               2011 AND

CHAPTER 14A OF THE KARNATAKA LAND REVENUE ACT 1964

WHICH IS PRODUCED AND MARKED AS ANNX-B & ETC.



       THIS   W.P.   COMING     ON   FOR    ORDERS,   THIS    DAY,

ALOK ARADHE J., MADE THE FOLLOWING:



                                 ORDER

Mr.B.Ramesh, learned counsel for the petitioners.

Smt.Vani H., learned Additional Government Advocate

for the respondent Nos.1 and 2.

In this writ petition, the petitioners have prayed for the

following reliefs:

a) Issue a writ in the nature to declare that the provisions of the Karnataka Land Grabbing Prohibition Act, is un-constitutional and ultra vires and violative of Article 14, 19 and 21 and Article 300A of the Constitution of India which is produced and marked as Annexure-A.

b) Issue writ in the nature of certiorari by quashing the entire proceedings pending on the file of LGC(P) 26/2017 before the Special Court constituted under the provisions of Karnataka Prohibition of Land Grabbing initiated against the petitioners for the offence punishable under Section 4(3) of the Karnataka Land Grabbing Prohibition Act 2011 and Chapter 14A of the Karnataka Land Revenue Act 1964 which is produced and marked as Annexure-B.

c) Issue writ in the nature of certiorari quashing order dated 8.7.2019 passed by the Special Court constituted under Karnataka Land Grabbing Prohibition Act, 2011 passed in LGC(P) 26/2017 for taking cognizance against the petitioners, which is produced and marked as Annexure-P.

d) Issue writ in the nature of certiorari quashing the complaint dated 18.01.2017 filed by the 3rd respondent before the Special court constituted under the provisions of the Karnataka

Land Grabbing Prohibition Act, 2011 for alleged encroachment against the petitioners in respect of the property bearing Sy.No.16 of Chunchakuppe Village, Tavarekere Hobli, Bengaluru South Taluk, which is produced and marked as Annexure-C.

e) Issue a writ in the nature of mandamus by declaring the action of the Special Court constituted under the provisions of the Karnataka Land Grabbing Prohibition Act, 2011 against the petitioners is illegal and arbitrary in view of the report dated 17.01.2018 submitted by the 2nd respondent which is produced and marked as Annexure-M2.

f) Issue writ in the nature by declaring that, Karnataka Land Grabbing Prohibition Act 2011 is ultra-vires.

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 petitioners to take all such

contentions as are permissible in law in the proceeding before

the Special Court constituted under the provisions of the Act.