Writ petition challenging the constitutionality of the Karnataka Land Grabbing Prohibition Act, 2011, was dismissed as the issue had already been decided by a coordinate bench.
Writ petition dismissed as devoid of merits due to prior decision by a coordinate bench.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 1308 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF MARCH, 2023
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
WRIT PETITION NO. 1308 OF 2019 (KLGP)
BETWEEN:
Digitally signed by C MALATHI
Location: High Court of Karnataka
WP No. 1308 of 2019
ATHANI TALUK BELAGAUM DISTRICT-591304.
(BY SRI. R B ANEPPANAVAR., ADVOCATE)
AND:
BENGALURU-560 009. …RESPONDENTS
(BY SRI. N.KUMAR, AGA FOR R1 & R2)
WP No. 1308 of 2019
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE KARNATAKA LAND GRABBING PROHIBITION ACT 2011 (KARNATAKA ACT 38 OF 2014) AS ULTRA VIRES OF THE CONSTITUTION OF INDIA BEING VIOLATIVE OF ARTICLE 14, 20, 21 AND 300-A PRODUCED AS ANNEXURE-Q DATED 20.10.2014 AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, K. SOMASHEKAR J., MADE THE FOLLOWING:
ORDER
This writ petition is filed under Article 226 of the Constitution of India seeking intervention of this Court to declare that the Karnataka Land Grabbing Prohibition Act, 2011 (Karnataka Act 38/2014) as ultra vires of the Constitution of India being violative of Articles 14, 20, 21 and 300-A vide Annexure-Q dated 20.10.2014.
WP No. 1308 of 2019
who is on record for the petitioner, has filed a memo seeking retirement from this matter.
from the case as sought for, merely because the memo is placed on record, it cannot come in the way of dismissal of this writ petition challenging the validity of the provisions of the
WP No. 1308 of 2019
aforesaid enactment of 2011 as violative of the certain Articles of the Constitution of India, which is substantially stated in the grounds urged in the writ petition. Therefore, it is deemed proper to state that the issue relating to seeking intervention of Articles 14, 20, 21, 300-A of the Constitution of India has been substantially stated and this issue has been decided by a Coordinate Bench of this Court in the aforesaid case. Consequently, this writ petition does not survive for consideration.
This writ petition is devoid of merits and cannot survive for consideration. Accordingly, writ petition is disposed of.
Sd/JUDGE
Sd/JUDGE
List No.: 1 Sl No.: 5
CM
1 issue framed by the court
Whether the Karnataka Land Grabbing Prohibition Act, 2011 is ultra vires the Constitution being violative of Articles 14, 20, 21 and 300-A.
2 provisions across 2 enactments
SRI SHIVALING S/O DUNDAPPA RABAKAVI AND OTHERS
THE STATE OF KARNATAKA AND OTHERS
K.SOMASHEKAR
UMESH M ADIGA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
