Karnataka High Court
K C Jnanendra vs The State Of Karnataka on 24 May, 2022
Bench: Alok Aradhe, J.M.Khazi
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MAY 2022
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MS.JUSTICE J.M. KHAZI
W.P. NO.14109 OF 2019 (KLGP)
BETWEEN:
K.C. JNANENDRA
S/O CHINNAPPAGOWDA
AGED ABOUT 49 YEARS
R/O KAREMANE
NERALAMANE VILLAGE
THENGINKOPPA POST
THIRTHAHALLI TALUK
SHIVAMOGGA DISTRICT.
... PETITIONER
(BY MR. PRUTHVI WODEYAR, ADV.,)
AND:
1. THE STATE OF KARNATAKA
GOVERNMENT OF KARNATAKA
M S BUILDING
BENGALURU-560001
REP. BY ITS CHIEF SECRETARY.
2. THE CHIEF CONSERVATOR OF FOREST
SHIVAMOGGA DIVISION
SHIVAMOGGA-577201.
3. THE DEPUTY CONSERVATOR OF FOREST
SHIVAMOGGA-577201.
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4. THE ASSISTANT CONSERVATOR OF FOREST
THIRTHAHALLI SUB DIVISION
THIRTHAHALLI
SHIVAMOGGA DISTRICT-577432.
5. THE RANGE FOREST OFFICER
THIRTHAHALLI RANGE
THIRTHAHALLI
SHIVAMOGGA DISTRICT-577432.
6. THE DEPUTY RANGE FOREST OFFICER
THENGINAKOPPA DIVISION
THIRTHAHALLI
SHIVAMOGGA DISTRICT-577432.
7. THE TAHASILDAR
THIRTHAHALLI TALUK
THIRTHAHALLI
SHIVAMOGGA DISTRICT-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 THE KARNATAKA
LAND GRABBING PROHIBITION ACT 2011 (KARNATAKA ACT 38 OF
2014) AS ULTRA VIRES THE CONSTITUTION OF INDIA BEING
VIOLATION OF ARTICLES 14, 20, 21 AND 300A. DECLARE 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
NO.LGC(G)523/2018 BEFORE THE KARNATAKA LAND GRABBING
PROHIBITION SPECIAL COURT, BENGALURU. QUASH THE ENTIRE
PROCEEDINGS LGC(G)523/2018 INITIATED BY THE R-5 WHICH IS
PENDING BEFORE THE KARNATAKA LAND GRABBING
PROHIBITION SPECIAL COURT, BENGALURU, VIDE ANNEXURE-E &
ETC.
THIS W.P. COMING ON FOR HEARING, THIS DAY,
ALOK ARADHE J., MADE THE FOLLOWING:
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ORDER
Mr.Pruthvi Wodeyar, learned counsel for the petitioner.
Sri.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 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
