Sri H M Keshava Chathura vs The State Of Karnataka
2022 Latest Caselaw 8777 Kant

                                1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 14TH DAY OF JUNE 2022

                          PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE

                               AND

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

              W.P. NO.4352 OF 2019 (KLGP)

BETWEEN:

SRI. H.M. KESHAVA CHATHURA
S/O MANJAPPA GOWDA
AGED ABOUT 68 YEARS
HEDDUR VILLAGE, HEDDUR POST
THIRTHAHALLI TALUK
SHIVAMOGGA DISTRICT-577 232.
                                          ... PETITIONER
(BY MR. V.D. RAVIRAJ, ADV.,)

AND:

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

2.     THE RANGE FOREST OFFICER
       MANDAGADDE DIVISION
       MANDAGADDE POST
       THIRTHAHALLI TALUK
       SHIVAMOGGA-577432.

3.     DEPUTY CONSERVATOR OF FOREST
       SHIVAMOGGA DISTRICT
       SHIVAMOGGA-577201.
                                 2



4.    THE TAHSILDAR
      THIRTHAHALLI TALUK
      THIRTHAHALLI
      SHIVAMOGGA-577432.
                                             ... RESPONDENTS
(BY MR. S. RAJASHEKAR, AGA)
                              ---

      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 AND ARTICLE 21 AND ARTICLE 300A OF THE
CONSTITUTION OF INDIA (ANNEXURE-A). QUASH THE CIRMINAL
PROCEEDINGS PENDING BEFORE THE LAND GRABBING SPECIAL
COURT IN PROCEEDINGS NO.L.G.C.(G) NO.878/2018 PROVISIONS
OF SECTION 482 OF CR.P.C. AS AGAINST THE PETITIONER FOR
OFFENCE PUNISHABLE UNDER SECTION 4(3) OF THE KARNATAKA
LAND GRABBING PROHIBITION ACT, 2011 (ANNEXURE-B).
QUASH THE ORDER OF SUMMONS DATED 11.06.2018 IN
PROCEEDINGS NO.L.G.C.(G) NO.878/2018 ISSUED BY THE LAND
GRABBING SPECIAL COURT (ANNEXURE-C) & ETC.,

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

                              ORDER

Mr.V.D.Raviraj, learned counsel for the petitioner.

Mr.S.Rajashekar, 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-A)

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.878/2018 provision of Section 482 of Cr.P.C. as against the petitioner for offence punishable under section 4(3) of the Karnataka Land Grabbing Prohibition Act, 2011 (Annexure-B)

c) Issue a writ in the nature of certiorari or any other writ, order or direction quashing the order of summons dated 11.06.2018 in Proceedings No.L.G.C.(G) No.878/2018 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