Sri Veerabhadrappa M P vs The State Of Karnataka
2022 Latest Caselaw 7321 Kant

Citation : 2022 Latest Caselaw 7321 Kant
Judgement Date : 23 May, 2022

Karnataka High Court

Sri Veerabhadrappa M P vs The 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.5857 OF 2020 (KLGP)

BETWEEN:

SRI. VEERABHADRAPPA M.P.
S/O LATE PUTTAPPA GOWDA
AGED ABOUT 46 YEARS
R/AT ATHAVADI VILLAGE AND POST
ANDANDAPURA HOBLI, SAGARA TALUK
SHIVAMOGGA (D) -577 401.
                                         ... PETITIONER
(BY MR. BIMBADHARA H.M. ADV.,)

AND:

1.    THE STATE OF KARNATAKA
      DEPARTMENT OF REVENUE
      M.S. BUILDING, BANGALORE-560 001
      REP. BY ITS SECRETARY.

2.    TAHASILDAR, SAGARA
      SAGARA TALUK
      SHIVAMOGGA DISTRICT-577 201.

                                         ... 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 THE
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PROVISIONS OF THE KARNATAKA LAND GRABBING PROHIBITION
ACT 2011, IS UNCONSTITUTIONAL AND ULTRA VIRES ARTICLE 14,
19, 21 AND 300A OF THE CONSTITUTION OF INDIA. QUASH THE
ENTIRE PROCEEDINGS PENDING BEFORE THE LAND GRABBING
SPECIAL COURT, BANGALORE (COURT HALL NO.1) IN
PROCEEDINGS NO.LGC(G) NO.1275/2019 INCLUDING THE ORDER
OF TAKING THE COGNIZANCE DATE 26.8.2019 AGAINST THE
PETITIONER FOR THE OFFENCE PUNISHABLE U/S 4(3) OF THE
KARNATAKA LAND GRABBING PROHIBITION ACT 2011 AS PER
ORDER SHEET VIDE ANNEXURE-C & ETC.

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

                                 ORDER

Mr.H.M Bimbadhara, learned counsel for the petitioner.

Smt.Vani H., learned Additional Government Advocate

for the respondents.

In this writ petition, the petitioner has prayed for the

following reliefs:

a) Issue a writ or order of appropriate nature to declare that the provisions of the Karnataka Land Grabbing Prohibition Act, 2011, is unconstitutional and ultra vires the Article 14, Article 19, Article 21 and Article 300A of Constitution of India.

b) Issue a writ in the nature of certiorari quashing the entire proceedings pending before

the Land Grabbing Special Court, Bangalore, (Court Hall No.1) in Proceedings No. LGC(G) No.1275/2019 including the order of taking cognizance dated 26.08.2019 against the petitioner for the offence punishable under Section 4(3) of the Karnataka Land Grabbing Prohibition Act, 2011 as per order sheet vide Annexure - C.

c) Issue a writ in the nature of certiorari or any other writ quashing the summons dated 24.10.2019, in Proceedings LGC (G) No.1275/2019 passed by the Karnataka Land Grabbing Prohibition Special Court (Court No.1) vide Annexure -B.

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 in the aforesaid judgment,

the challenge made to the provisions of the aforesaid 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.