Karnataka High Court
Channaiah vs State Of Karnataka By on 7 November, 2024
Author: Krishna S Dixit
Bench: Krishna S Dixit
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NC: 2024:KHC:44894-DB
WP No. 22003 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
AND
THE HON'BLE MR JUSTICE C M JOSHI
WRIT PETITION NO. 22003 OF 2024 (KLGP)
BETWEEN:
1. CHANNAIAH,
SON OF LATE ERAIAH,
AGED ABOUT 66 YEARS,
OCC: AGRICULTURE,
2. BASAPPA SON OF LATE IYANNA,
AGED ABOUT 81 YEARS,
OCC: NIL.
BOTH ARE RESIDENTS OF BHADRAPURA VILLAGE,
SHIKARIPURA TALUK, SHIMOGGA DISTRICT.
...PETITIONERS
(BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA.,ADVOCATE)
Digitally signed AND:
by SHARADA
VANI B
Location: HIGH 1. STATE OF KARNATAKA BY
COURT OF POLICE SUB-INSPECTOR,
KARNATAKA SHIKARPURA TOWN POLICE STATION,
REPRSENTED BY STATE PUBLIC PROECUTOR,
HIGH COURT BUILDINGS,
BENGALURU 560 001.
2. THE TAHASILDAR,
SHIKARIPURA- TALUK,
SHIMOGGA-DIST.
...RESPONDENTS
(BY SRI.RAJKUMAR M., AGA)
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NC: 2024:KHC:44894-DB
WP No. 22003 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE JUDGMENT AND ORDER DATED 25.07.2024,
PASSED IN CASE No. LGC(T)-99/2020 IN RESPECT OF THE
OFFENCE PUNISHABLE UNDER SECTION 192A (1) OF THE
KARNATAKA LAND REVENUE ACT, 1964, PASSED BY THE
LEARNED KARNATAKA LAND GRABBING PROHIBITION SPECIAL
COURT, BENGALURU, PRODUCED AT ANNEXURE-A AND PASS
SUCH OTHER ORDER OR DIRECTION IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN
AS UNDER:
CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT
and
HON'BLE MR JUSTICE C M JOSHI
ORAL ORDER
(PER: HON'BLE MR JUSTICE KRISHNA S DIXIT)
The challenge in this Petition is to the Special Court's
order dated 25.07.2024 entered in LGC (T) No.99/2020
wherein the operative portion of the same reads as under:
"ORDER
Acting under Section 248(2) of Cr.P.C.,
the accused No.1 and 2 are hereby convicted
for the offence punishable under Section
192A(1) of the Karnataka Land Revenue Act.
Accused No.1 and 2 are hereby sentenced
to undergo Simple Imprisonment for a period of
One year and sentenced to pay a fine of
Rs.5,000/- each for the offence punishable
NC: 2024:KHC:44894-DB
under Section 192A(1) of the Karnataka Land
Revenue Act.
In default of payment of fine, they shall
undergo Simple Imprisonment for Three
Months.
Bail bond of accused No.1 and 2 and
surety bonds stand cancelled.
Supply free copy of this judgment to the
accused No. 1 and 2 forthwith.
Issue direction to Tahsildar, Shikaripura to
take possession of 25 Guntas of Government
land from the custody of accused No.1 in
respect of Sy.No. 19 of Bhadrapura Village,
Anjanapura Hobli, Shikaripura Taluk within 60
days from the date of this order.
Issue direction Issue to Tahsildar,
Shikaripura to take possession of 36 guntas of
Government land from the custody of accused
No.2 in respect of Sy.No.19 of Bhadrapura
Village, Anjanapura Hobli, Shikaripura Taluk
within 60 days from the date of this order.
Issue direction to Tahsildar, Shikaripura to
take possession of the above said property by
conducting mahazar, by taking photographs
and to submit report within 60 days from the
date of this order to this Court without fail.
For compliance of Court order."
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2. Learned AGA appearing for the Respondents
draws our attention to the provisions of Section 17A(1) of
the Karnataka Land Grabbing Act, 2011 which provides for
a right of appeal against orders of the kind. He also
submits that in W.P.No.12006/2021 (KLGP) between SRI
KUMAR NAIKA v. SRI RAJAKUMAR D & OTHERS, disposed
off by us this day, similarly placed litigant has been
relegated to appeal remedy and therefore, the same
should happen to the petitioner herein also. Like cases to
be decided alike. There is force in this submission.
In the above circumstances, this Petition is disposed
off, reserving liberty to the Petitioner to avail the remedy
of appeal, keeping open all contentions of the parties.
It hardly needs to be stated that period spent in
prosecuting this petition shall be discounted while
computing the period of limitation prescribed for the said
appeal.
Registry to return the impugned order to the
Petitioner after retaining a copy there of in the file.
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To facilitate filling of the appeal, the interim
order granted by the Coordinate Bench on 13.09.2024
shall continue for a period of four weeks."
Sd/-
(KRISHNA S DIXIT)
JUDGE
Sd/-
(C M JOSHI)
JUDGE
Bsv
