High Court of Karnataka dismissed Writ Petition No. 10043 of 2019 challenging provisions of the Karnataka Land Grabbing Prohibition Act, 2011, holding it does not survive a prior Division Bench order in W.P. No.47747/2018.
Writ petition dismissed as devoid of merits.
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WP No. 10043 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2023
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
WRIT PETITION NO. 10043 OF 2019 (KLGP)
BETWEEN:
SRI. NARAYANASWAMY @ MOTAPPA, S/O MUNISHAMAPPA, AGED ABOUT 63 YEARS, RESIDING AT KODAYARAPANAHALLI VILLAGE, JALA HOBLI,
Digitally signed by D K BHASKAR Location: HIGH COURT OF KARNATAKA
BANGALORE NORTH TALUK- 560 064.
…PETITIONER
(BY SRI.SAHIL, ADVOCATE FOR DEVARAJ K.S, ADVOCATE)
AND:
M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.
WP No. 10043 of 2019
…RESPONDENTS
(BY SRI. N.KUMAR, AGA FOR R1 TO R3)
THIS W.P. IS FILED UNDER ARTICLES OF 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PROVISIONS OF THE KARNATAKA LAND GRABBING PROHIBITION ACT 2011, AS UNCONSTITUTIONAL AND ULTRA VIRES ARTICLE 14, ARTICLE 19 AND ARTICLE 21 AND ARTICLE 300A OF THE CONSTITUTION OF INDIA AND ETC.
THIS PETITION COMING ON FOR FINAL HEARING, THIS DAY, K.SOMASHEKAR J, MADE THE FOLLOWING:
ORDER
Sri.Sahil, learned counsel representing the counsel Sri.Devaraj.K.S, for the petitioner on record, is present before the Court physically.
Sri.N.Kumar, learned AGA is directed to take notice for Respondents 1, 2 and 3.
WP No. 10043 of 2019
This writ petition is filed under Articles 226 and 227 of the Constitution of India, challenging the proceedings in LGC(G) No.222/2018 dated 05.01.2013 (Annexure-A) on the file of the Karnataka Special Court for Land Grabbing Prohibition, Bengaluru, seeking stay of all further proceedings before the said forum and pass appropriate orders, in accordance with law.
Learned counsel for the petitioner submits that the petitioner has challenged the validity of the proceedings under Section 4(3) of the Karnataka Land Grabbing Prohibition Act, 2011 (in short 'the said Act'). He has referred to the Division Bench order of this Court in Writ Petition No.47747/2018 dated 19.01.2021 wherein the validity of Section 4(3) of the said Act has been considered and appropriate order has been passed.
Thus, keeping in view the Division Bench order referred to supra in Writ Petition No.47747/2018 wherein the validity of Section 4(3) of the Karnataka Land Grabbing Prohibition Act, 2011 has been discussed in detail and appropriate order has been passed and there is an infringement of Article 21 of the
WP No. 10043 of 2019
Constitution of India, this Writ Petition does not survive for consideration.
Accordingly, this Writ Petition is dismissed as devoid of merits.
Sd/JUDGE
Sd/JUDGE
BNV
1 issue framed by the court
Whether the challenge to Section 4(3) of the Karnataka Land Grabbing Prohibition Act, 2011 survives after a Division Bench order in W.P. No.47747/2018.
3 provisions across 2 enactments
SRI. NARAYANASWAMY @ MOTAPPA
THE STATE OF KARNATAKA
THE DEPUTY COMMISSIONER
THE TAHSILDAR
K.SOMASHEKAR
UMESH M ADIGA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
