Dismissed

Smt Latha B R v. State of Karnataka

Karnataka HC17 Mar 2023WP/119/2019

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a writ petition challenging the constitutionality of Sections 4 and 5 of the Karnataka Land Grabbing Prohibition Act, 2011 and seeking to quash an order by a Special Court, ruling that the issues were no longer res integra due to a prior coordinate bench judgment.

What did the court decide?

The writ petition was dismissed as having become infructuous.

Smt Latha B R Vs State of Karnataka — Land Acquisition | Karnataka HC (2023)

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WP No. 119 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF MARCH, 2023

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PRESENT

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THE HON'BLE MR JUSTICE K.SOMASHEKAR

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AND

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THE HON'BLE MR JUSTICE UMESH M ADIGA WRIT PETITION NO. 119 OF 2019 (KLGP)

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BETWEEN:

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SMT LATHA B R W/O KANTHOJI RAO Digitally signed AGED ABOUT 36 YEARS by D K RES/AT HANAGAWADI VILLAGE BHASKAR SASVEHALLI HOBLI Location: High HONNALI TALUK Court of DAVANAGERE DISTRICT Karnataka PIN CODE-577224.

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…PETITIONER

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(BY SRI. VARUN – ADVOCATE FOR SRI. SIDDAMALLAPPA P M.,ADVOCATE)

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AND:

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STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU-560 001.

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THE PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTMENT M S BUILDING DR B R AMBEDKAR VEEDHI BENGALURU-560 001.

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THE TAHSILDAR

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WP No. 119 of 2019

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HONNALI TALUK DAVANAGERE DISTRICT PIN CODE-577201.

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…RESPONDENTS

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(BY SRI. GOPALAKRISHNA SOODI - AGA)

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THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: DECLARE THAT SECTION 4 AND 5 OF THE KARNATAKA LAND GRABBING PROHIBITION ACT, 2011 ARE UN-CONSTITUTIONAL AND STRIKE IT OUT AS UNCONSTITUTIONAL, VIDE ANNEX-A; QUASH THE ORDER DATED 04.12.2017 PASSED IN CASE NO. LGC (T) NO. 1150/2017 ON THE FILE OF THE SPECIAL COURT-I, BENGALURU AT ANNEX-B.

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, K. SOMASHEKAR J., MADE THE FOLLOWING:

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ORDER

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Learned counsel Shri Varun for the petitioner appears before Court physically and represents the learned counsel Shri Siddamallappa P.M. who is on record. The learned counsel submits for disposal of this writ petition.

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Shri Gopalakrishna Sood, learned AGA for R1 to R3 is

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present before Court physically and submits that this writ petition relates to proceedings in LGC (T) No.1150/2017 on the

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WP No. 119 of 2019

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file of the Special Court of the Karnataka Land Grabbing Prohibition Special Courts at Bengaluru.

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This writ petition has been filed by the petitioner challenging the initiation of the aforesaid proceedings by and praying for issuance of a writ in the nature of mandamus declaring that Sections 4 and 5 of the Karnataka Land Grabbing Prohibition Act, 2011 are unconstitutional vide Annexure-“A”; and further praying for issuance of a writ of certiorari seeking to quash the order dated 04.12.2017 passed by the Special Court-I in Case LGC(T) No.1150/2017 vide Annexure-“B”.

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Keeping in view the submission of the learned counsel for the petitioner wherein he submits that this writ petition be disposed of, it is relevant to refer to the synopsis made in this matter. The synopsis includes Annexure-“A”, being a copy of the Karnataka Land Grabbing Prohibition Act, 2011. The petitioner had initiated original suit in O.S.No.99/2017 on the file of the Civil Judge & JMFC, Honnali seeking permanent injunction in respect of the suit schedule property bearing Sy.No.79 measuring 80 x 30 feet situated at Hanagavali Village, Honnali Taluk. The said suit came to be transferred to

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WP No. 119 of 2019

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the Karnataka Land Grabbing and Prohibition Special Court, Bengaluru, vide letter No.938/2017 dated 15.07.2017. The petitioner has challenged the order dated 04.12.2017 in LGC(T) No.1150/2017 vide Annexure-“B” urging various grounds.

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Learned AGA who is present in person before Court submits that the issues raised in this writ petition do not survive for consideration and the said issues are no longer res integra , in view of the same having been considered by a Coordinate Bench of this Court in W.P.No.47747/2019 by order dated 19.01.2021. On this premise, learned AGA seeks that this writ petition be dismissed as having become infructuous, as the relief having become infructuous.

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Keeping in view the submission of the learned AGA for Respondent Nos.1 to 3, in view of the fact that the question that arises for consideration in this writ petition already having been addressed by a Co-ordinate Bench of this Court in the aforesaid writ petition stated above, the relief sought for in this writ petition no longer survives for consideration.

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WP No. 119 of 2019

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Consequently, this writ petition is dismissed as having become infructuous.

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Sd/JUDGE

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Sd/JUDGE

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