Dismissed

Jayara K S v. State of Karnataka

Karnataka HC2 Mar 2023WP/15392/2019

Case brief

AI extract

What is this about?

In a writ petition challenging the Karnataka Land Grabbing Prohibition Act, 2011, Justice K.Somashekar and J. U.Madhiga dismissed the petition as devoid of merits, noting identical issues were dealt with in WP No.47747 of 2017. Liberty was accorded regarding pending special court proceedings.

What did the court decide?

Writ petition dismissed as devoid of merits; liberty accorded regarding pending proceedings before the Special Court.

Jayara K S Vs State of Karnataka — Land Acquisition | Karnataka HC (2023)

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WP No. 15392 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND 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

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WRIT PETITION NO. 15392 OF 2019 (KLGP)

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BETWEEN:

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Digitally JAYARA K S signed by D S/O LATE SHANKARAPPA NAIK K BHASKAR AGED ABOUT 55 YEARAS Location: KADARAHALLI VILLAGE HIGH DAYAMBALLI (POST) COURT OF KOPPA TALUK KARNATAKA CHIKKAMAGALUR DISTRICT - 577 126

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…PETITIONER

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(BY SRI N.K.RAMESH, ADVOCATE)

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AND:

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STATE OF KARNATAKA REVENUE DEPARTMENT M.S. BUILDING

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5^TH FLOOR, DR.AMBEDKAR ROAD BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY

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STATE OF KARNATAKA FOREST DEPARTMENT M.S.BUILDING 5^TH FLOOR, DR.AMBEDKAR ROAD BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY

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WP No. 15392 of 2019

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THE RANGE FOREST OFFICER SRINGERI RANGE SRINGERI- 577 139 CHIKKAMAGALUR DISTRICT.

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…RESPONDENTS

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(BY SRI N.KUMAR, AGA FOR R1 TO R3)

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THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE: A) A WRIT DECLARING THAT THE KARNATAKA LAND GRABBING PROHIBITION ACT, 2011, (KARNATAKA ACT 38 OF 2014) AS ULTRAVIRES THE CONSTITUTION OF INDIA BEING VIOLATIVE OF ARTICLE 14, 20, 21 AND 300-A AND/OR IN THE ALTERNATIVE; B) A WRIT DECLARING THAT THE KARNATAKA LAND GRABBING PROHIBITION ACT, 2011, (KARNATAKA ACT 38 OF 2014) IS NOT APPLICABLE TO THE FACTS AND CIRCUMSTANCES OF THE PETITIONERS CASE IN L.G.C.(G) NO. 529/2018; C) A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO QUASH THE IMPUGNED ORDER DATED 27.04.2018 VIDE ANNEXURE-A ISSUED BY THE SPECIAL COURT CONSTITUTED UNDER KARNATAKA LAND GRABBING PROHIBITION ACT, 2011, IN L.G.C.(G) NO. 529/2018.

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

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WP No. 15392 of 2019

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ORDER

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The learned counsel for the petitioner, Shri

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N.K.Ramesh, is present before the Court physically.

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The learned Additional Government Advocate for

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Respondent Nos.1 and 2 namely, Shri N.Kumar, is present before the Court physically.

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The learned counsel for the petitioner fairly submits that the issue involved in the present Writ Petition has been dealt with by the Co-ordinate Bench of this Court in Writ Petition No.47747 of 2017 on 19.01.2021. Therefore, the issue relating to this writ petition has been extensively addressed in the aforesaid writ petition, challenging the validity of the provisions of law.

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Keeping in view the submission made by the learned Counsel for the petitioner, this writ petition does not survive for consideration and therefore, this Court need

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not dwell in detail with regard to the said aspect. Accordingly, this writ petition is dismissed as being devoid of merits.

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WP No. 15392 of 2019

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However, keeping in view of the submission made

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by the learned counsel for the petitioner, liberty is accorded

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to the petitioner, in accordance with law, relating to the

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proceedings pending before the Special Court.

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Sd/JUDGE

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Sd/JUDGE

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Jayara K S v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Jayara K S v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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