Dismissed

Sri G K Sanjay v. the State of Karnataka

Karnataka HC7 Mar 2023WP/13955/2019

Case brief

AI extract

What is this about?

The High Court noted that the issues in this writ petition challenging the constitutionality of the Karnataka Land Grabbing Prohibition Act and seeking quashing of criminal proceedings were already addressed by a coordinate bench. Concluding the petition did not survive, the court disposed of it as infructuous.

What did the court decide?

Petition disposed of as having become infructuous.

Sri G K Sanjay Vs the State of Karnataka — Quashing and FIR | Karnataka HC (2023)

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WP No. 13955 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^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. 13955 OF 2019 (KLGP)

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BETWEEN:

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SRI G K SANJAY S/O LATE KRISHNAMURTHY AGED ABOUT 52 YEARS R/O LINGANAKOPPA-TANIKAL

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Digitally signed THARAYAMBAKAPURA VILLAGE by D K BHASKAR BHAVIKAISERU POST Location: HIGH THIRTHAHALLI TALUK COURT OF SHIMOGA DISTRICT KARNATAKA PIN577415.

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THARAYAMBAKAPURA VILLAGE BHAVIKAISERU POST

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…PETITIONER

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(BY SRI. MAHESH B J.,ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY REVENUE DEPARTMENT, M.S. BUILDING BANGALURU 560 001.

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THE RANGE FOREST OFFICER THIRTHAHALLI RANGE THIRTHAHALLI TALUK SHIMOGA DISTRICT-577415.

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…RESPONDENTS

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(BY SRI. N. KUMAR – AGA FOR R-1 & R-2)

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WP No. 13955 of 2019

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THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 PRAYING TO DECLARE THAT THE PROVISIONS OF THE KARNATAKA LAND GRABBING PROHIBITION ACT, IS UNCONSTITUTIONAL AND ULTRA-VIRES ARTICLE 14, ARTICLE 19 AND ARTICLE 21 AND ARTICLE 300A OF THE CONSTITUTION OF INDIA (ANNEXURE-A); QUASH THE CRIMINAL PROCEEDINGS PENDING BEFORE THE LAND GRABBING SPECIAL COURT IN PROCEEDINGS NO.L.G.C(G) NO.518/2018 AS AGAINST THE PETITIONER FOR OFFENCE PUNISHABLE U/S 4(3) OF THE KARNATAKA LAND GRABBING PROHIBITION ACT 2011 (ANNEXURE-B).

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THIS WRIT PETITION, COMING ON FOR HEARING, THIS DAY, K. SOMASHEKAR .J., MADE THE FOLLOWING:

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ORDER

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Learned counsel Sri Mahesh B.J. for the petitioner is

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on record.

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Learned AGA Sri N.Kumar for respondent Nos.1

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and 2 is present before the Court physically.

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In this writ petition the petitioner is seeking for a

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writ in the nature of certiorari to quash the proceedings pending before the Land Grabbing Special court in LGC (G)

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WP No. 13955 of 2019

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No.518/2018 as against the petitioner for the offence punishable under Section 4(3) of the Karnataka Land Grabbing Prohibition Act, 2011 as per Annexure-B and to declare the provisions of the Karnataka Land Grabbing Prohibition Act as unconstitutional and ultra vires of Article 14, 19, 21 and 300-A of the Constitution of India and for such other reliefs.

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However, the issues involved and so also, the grounds urged in this writ petition have been addressed and considered by a co-ordinate Bench of this Court in W.P.No.47447/2017 dated 19.01.2021. Therefore, in terms of the order passed in the aforesaid petition, this writ petition does not survive for consideration. Further, this writ petition does not have any substance to dwelling in detail of the materials which has been facilitated by the counsel for the petitioner in conformity with the grounds urged in this writ petition.

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WP No. 13955 of 2019

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In terms of the aforesaid findings, we are of the opinion that this writ petition does not survive for consideration and consequently, it is disposed of as having become infructuous.

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Sd/JUDGE

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Sd/JUDGE

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DKB

Sri G K Sanjay v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri G K Sanjay v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Cases cited

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