Disposed

Smt. Doddatayamma v. the Principal Secretary

Karnataka HC7 Mar 2023WP/15539/2019

Case brief

AI extract

What is this about?

Petitioner challenged Sections 2, 7, 11, and 20 of the Karnataka Land Grabbing Prohibition Act, 2011, and sought quashing of a summons. The Court held the petition was devoid of merits and infructuous due to a co-ordinate bench having considered similar issues, and disposed of it.

What did the court decide?

Writ petition is disposed of as deemed infructuous and devoid of merits.

Smt. Doddatayamma Vs the Principal Secretary — Land Acquisition | Karnataka HC (2023)

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WP No. 15539 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. 15539 OF 2019 (KLGP)

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BETWEEN:

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Digitally signed by D K BHASKAR Location: High Court of Karnataka

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SMT. DODDATAYAMMA W/O HANUMANTHA BHOVAI AGED ABOUT 60 YEARS BASAVARAJPURA HALEBEEDU VILLAGE BELUR TALUKA HASSANA DISTRICT-573 115.

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(BY SRI. KESHAVAMURTHY H B.,ADVOCATE)

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AND:

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…PETITIONER

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THE PRINCIPAL SECRETARY REVENUE DEPARTMENT GOVERNMENT OF KARNATAKA AMBEDKAR VEEDI, M.S.BUILDING BENGALURU-560 001.

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THE TAHSILDAR TAHSILDAR OFFICE BELUR TALUK, BELUR HASSAN DISTRICT-573 115.

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THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (HEAD OF FOREST FORCE) ARANYA BHAVANA, SAMPIGE ROAD MALLESHWARAM 18^TH CROSS BENGLAURU-560 003.

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WP No. 15539 of 2019

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THE FOREST OFFICER HASSAN DISTRICT HASSAN-573 201.

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THE RANGE FOREST OFFICER BELUR TALUK HASSAN DISTRICT-573 115.

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…RESPONDENTS

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(BY SRI. N. KUMAR - AGA FOR R-1 TO R-5)

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THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 PRAYING TO DECLARE THE PROVISIONS OF SECTIONS 2, 7, 11, 20 OF KARNATAKA LAND GRABBING PROHIBITION ACT 2011 AS VOID, INVALID, ARBITRARY, UNJUST AS THEY ARE VIOLATIVE OF PROVISINS OF THE CONSTITUTION OF INDIA. QUASH THE SUMMONS/NOTICE DATED 26.03.2018 IN CASE NO. LGC(G) 983/2017 PASSED BY THE HON'BLE KARNATAKA LAND GRABBING PROHIBITION (SPECIAL COURT) CCH2 AS ANNEXURE-F.

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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 Keshava Murthy H.B. for the petitioner is on record.

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Learned AGA namely Sri N.Kumar for respondent

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Nos.1 to 5 is present before the Court physically.

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WP No. 15539 of 2019

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This writ petition is filed by the petitioner under Articles 226 and 227 of Constitution of India seeking to declare the provisions of Sections 2, 7, 11, 20 of the Karnataka Land Grabbing Prohibition Act, 2011 as void, invalid, arbitrary, unjust as they are violative of provisions of Constitution of India. Further, to quash the summons/notice dated 26.03.2018 in case No.LGC(G) 983/2017 passed by the Karnataka Land Grabbing Prohibition (Special Court) as per Annexure-F, by urging various grounds.

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However, a Co-ordinate Bench of this Court in W.P.No.47747/2017 dated 19.01.2021 has considered similar issues which are involved in the present writ petition. Therefore, in terms of the order passed in the aforesaid writ petition, this petition does not survive for consideration and even dwelling in detail of the materials which is facilitated by the counsel for the petitioner in support of his contentions. Therefore, we are of the opinion that the writ petition being devoid of merits and

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WP No. 15539 of 2019

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having become infructuous, requires to be disposed of.

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Accordingly, the writ petition is disposed of.

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Sd/JUDGE

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Sd/JUDGE

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DKB

Smt. Doddatayamma v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

Smt. Doddatayamma v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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Cases cited

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