This writ petition challenged the constitutionality of the Karnataka Land Grabbing Prohibition Act, 2011. The Court dismissed the petition as devoid of merits, noting the issues were already extensively addressed in a coordinate bench judgment.
Writ petition is dismissed as being devoid of merits.
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. 13488 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. 13488 OF 2019 (KLGP)
BETWEEN:
Digitally signed by D K BHASKAR Location: HIGH COURT OF KARNATAKA
…PETITIONERS
(BY SRI SIDDARTH, ADVOCATE FOR SRI SANDESH C R, ADVOCATE)
AND:
WP No. 13488 of 2019
M. S. BUILDING,
BENGALURU - 560 001.
…RESPONDENTS
(BY SRI N.KUMAR, AGA FOR R1; SRI R.VIJAYKUMAR., ADVOCATE FOR R2)
THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE PROVISIONS OF THE KARNATAKA LAND GRABBING PROHIBITION ACT 2011, IS UNCONSTITUTIONAL AND ULTRAVIRES THE ARTICLES 14, 19, 21 AND 300 (A) OF CONSTITUTION OF INDIA, 1950; ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, K.SOMASHEKAR, J., MADE THE FOLLOWING:
ORDER
This Writ Petition is filed seeking to declare that the provisions of Karnataka Land Grabbing Prohibition Act, 2011 is unconstitutional and ultra vires the Articles 14, 19, 21 and 300(A) of the Constitution of India, 1950; to quash
the criminal proceedings pending before the Court Hall-02,
WP No. 13488 of 2019
the Karnataka Land Grabbing Prohibition Special Court in proceedings dated 11.07.2018 and the order dated 05.03.2019 in L.G.C.(P) No.1214/2018 vide Annexure-B initiated against the petitioners for the offence punishable under the Karnataka Land Grabbing Prohibition Act, 2011; to quash the order dated 08.03.2019 in proceedings L.G.C.(P) No.1214/2018 pending on the file of Court Hall-
02, the Karnataka Land Grabbing Prohibition Special Court, vide Annexure-AA passed as against the petitioners to maintain status-quo in respect of the construction over the schedule property and to direct Respondent No.2 to compensate/pay the petitioners for the damages/costs incurred due to the stoppage of construction in the schedule property by initiating the proceedings before the Special Court.
WP No. 13488 of 2019
for Respondent No.1 and Shri.R.Vijaykumar, learned counsel for Respondent No.2.
WP No. 13488 of 2019
Sd/JUDGE
Sd/JUDGE
DH
1 issue framed by the court
Whether the provisions of the Karnataka Land Grabbing Prohibition Act, 2011 are unconstitutional and ultra vires Articles 14, 19, 21 and 300(A) of the Constitution.
SRI V. PARASMAL
SRI DINESH KUMAR JAIN
THE STATE OF KARNATAKA
SRI C. BYRAREDDY
K. SOMASHEKAR
UMESH M ADIGA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
