Sundara Babu vs The Tahsildar
2024 Latest Caselaw 27396 Kant

Karnataka High Court

Sundara Babu vs The Tahsildar on 14 November, 2024

Author: Krishna S Dixit

Bench: Krishna S Dixit

                                              -1-
                                                       NC: 2024:KHC:46304-DB
                                                       WP No. 20359 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 14TH 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. 20359 OF 2024 (KLGP)
                   BETWEEN:

                   SUNDARA BABU,
                   AGED ABOUT 47 YEARS,
                   S/O LATE CHIKKANANJA REDDY,
                   R/AT RAYASANDRA VILLAGE,
                   HUSKOOR POST, ANEKAL TALUK,
                   BENGALURU-560 099.
                                                                ...PETITIONER
                   (BY SRI MANIVANNAN G, ADVOCATE)

                   AND:

                   1.    THE TAHSILDAR,
                         ANEKAL TALUK,
Digitally signed         ANEKAL, BENGALURU-562 106.
by NANDINI R
Location: High
Court of           2.    JAGADEESH REDDY,
Karnataka                S/O NARAYAN REDDY,
                         AGED ABOUT 54 YEARS,
                         RAYASANDRA VILLAGE,
                         HUSKOOR POST, ANEKAL TALUK,
                         BENGALURU-560 099.
                                                              ...RESPONDENTS
                   (BY SRI M RAJAKUMAR, AGA FOR R-1;
                       SRI N BAYYA REDDY, ADVOCATE FOR R-2)

                       THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE
                   CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
                                     -2-
                                                 NC: 2024:KHC:46304-DB
                                                 WP No. 20359 of 2024




RECORDS AND QUASH THE ORDER DATED 13/06/2024
PASSED BY THE HONOURABLE KARNATAKA LAND GRABBING
PROHIBITION   SPECIAL   COURT    (COURT   HALL-2)  AT
BENGALURU IN LGC (P) NO.1982/2017 VIDE ANNEXURE-A AND
ACQUIT THE PETITIONER.

     THIS 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 order dated

13.06.2024, whereby, the Karnataka Land Grabbing

Prohibition Special Court has entered the judgment of

conviction with a simple imprisonment of six months

coupled with fine and ordered retrieval of the encroached

land.

2. After service of notice, learned Additional

Government Advocate appearing for the official

respondents submits that the subject matter of this

petition is substantially similar to the one in

W.P.No.22003/2024 between CHANNAIAH AND

NC: 2024:KHC:46304-DB

ANOTHER VS. STATE OF KARNATAKA disposed of by us

on 7th November, 2024 granting liberty to the litigants of

the kind to avail remedy of appeal as provided under

Section 17A of the Karnataka Land Grabbing Act, 2011 as

amended by 2020, Act. He hastens to add that when

litigants have an alternative and equally efficacious

remedy provided in the statute, ordinarily writ courts

should relegate them to the same. We broadly agree with

this view.

In the above circumstances, this petition is

accordingly disposed off continuing the interim order

granted by a Coordinate Bench of this court on

12.08.2024, which reads as under:

" Having heard the learned counsel for the petitioner and perused the record, the sentence imposed by the Karnataka Land Grabbing Prohibition Special Court at Bengaluru, CH-2, in LGC (P) No.1982/2017 dated 13.06.2024 is suspended pending disposal of this writ petition subject to the condition that the petitioner shall execute a bail bond for a sum of Rs.50,000/- with one surety to the satisfaction of the said Court..."

NC: 2024:KHC:46304-DB

If appeal is preferred within a period of six weeks,

the issue of limitation, delay & latches shall not be raised.

All contentions of the parties are kept open.

Registry to return the impugned order after retaining

a copy thereof in the file.

Records to be sent back, Costs made easy.

Sd/-

(KRISHNA S DIXIT) JUDGE

Sd/-

(C M JOSHI) JUDGE

tsn*