Karnataka High Court
G N Veeraraju vs State Of Karnataka on 23 May, 2022
Bench: Alok Aradhe, J.M.Khazi
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MAY 2022
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MS.JUSTICE J.M. KHAZI
W.P. NO.2214 OF 2020 (KLGP)
BETWEEN:
G.N. VEERARAJU
S/O LATE G.P. NIJALINGAIAH
AGED ABOUT 54 YEARS
RETIRED SUBEDHAR
LAND ARMY AND AGRICULTURIST
R/AT NANJUNDESHWARA KRUPA
GALIHALLI CROSS, TARIKERE TOWN
CHIKMAGALURU DISTRICT-577 228.
... PETITIONER
(BY MR. VIRUPAKSHAIAH P.H. ADV.,)
AND:
1. STATE OF KARNATAKA
REP. BY PRINCIPAL SECRETARY
REVENUE DEPARTMENT
M.S. BUILDING
BANGALORE-560 001.
2. THE DEPUTY COMMISSIONER
CHICKMAGALURU DISTRICT
CHICKMAGALURU-577 101.
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3. THE ASSISTANT COMMISSIONER
TARIKERE SUB DIVISION, TARIKERE
CHICKMAGALURU DISTRICT-577 228.
4. THE TAHSILDHAR
TARIKERE TALUK, TARIKERE
CHICKMAGALUR DISTRICT-577 228.
5. MALLESHAPPA
S/O NEELAPPA
AGED ABOUT 50 YEARS
AGRICULTURIST
R/AT GULLADAMANE VILLAGE
LINGADAHALLI HOBLI, TARIKERE TALUK
CHIKMAGALURU DISTRICT-577131.
6. PUTTAPPA
S/O BASAPPA
AGED ABOUT 49 YEARS
AGRICULTURIST
R/AT INAHALLI VILLAGE
LINGADAHALLI HOBLI, TARIKERE TALUK
CHIKMAGALURU DISTRICT-577 129.
7. RANGE FOREST OFFICER
TARIKERE RANGE, TARIKERE
CHIKMAGALURU DISTRICT-577 228.
... RESPONDENTS
(BY MRS. VANI H, AGA)
---
THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT
KARNATAKA LAND GRABBING PROHIBITION ACT 2011
(KARNATAKA ACT 38/2014) AS ULTRA VIRES THE CONSTITUTION
OF INDIA BEING VIOLATIVE OF ARTICLE 14, 20, 21 AND 300-A IN
THE ALTERNATIVE. DECLARE THAT THE KARNATAKA LAND
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GRABBING PROHIBITION ACT 2011 (KARNATAKA ACT 38/2014) IS
NOT APPLICABLE TO THE FACTS AND CIRCUMSTANCES OF THE
PETITIONER CASE IN CASE NO.LGC(T) 1009/2018 BEFORE THE
SPECIAL COURT BANGALORE VIDE ANNEXURE-A & ETC.
THIS W.P. COMING ON FOR PRELIMINARY HEARING, THIS
DAY, ALOK ARADHE J., MADE THE FOLLOWING:
ORDER
Mr.Virupakshaiah, learned counsel for the petitioner.
Smt.Vani H., learned Additional Government Advocate
for the respondents Nos.1 to 4 and 7.
In this writ petition, the petitioner has prayed for the
following reliefs:
a) Issue a writ declaring that the Karnataka
Land Grabbing Prohibition Act, 2011 (Karnataka
Act 38 of 2014) as ultra vires the Constitution of
India being violative of Article 14, 20, 21 and
300-A and/or in the alternative;
b) Issue a writ declaring that the Karnataka
Land Grabbing Prohibition Act, 2011 (Karnataka
Act 38 of 2014) is not applicable to the facts and
circumstances of the petitioner case in case
No.LGC (T) 1009/2018 before the Special Court,
Bangalore vide Annexure A;
c) Issue a writ in the nature of certiorari or any
other writ or order or direction in the similar
nature quashing the impugned order dated
18.09.2018 vide Annexure A on the file of the
Special Court, Bangalore constituted under the
Karnataka Land Grabbing Prohibition Act, 2011 in
No.LGC (T) 1009/2018;
2. When the matter was taken up today, learned
Additional Government Advocate for the respondents submits
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 by a Division Bench of this
Court in the aforesaid judgment, the challenge made to the
provisions of the Act in the instant petition is hereby 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
