Dismissed

Sri M B Appanna v. the State of Karnataka

Karnataka HC2 Mar 2023WP/18328/2018

Case brief

AI extract

What is this about?

High Court of Karnataka dismissed a writ petition challenging the constitutionality of the Karnataka Land Grabbing Prohibition Act, 2018 and seeking quashing of criminal proceedings, holding the matter already adjudicated in a coordinate bench decision.

What did the court decide?

The writ petition was dismissed as being devoid of merits since the issue had been previously adjudicated by a coordinate bench.

Sri M B Appanna Vs the State of… — Constitutional and Fundamental Rights | Karnataka HC (2023)

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WP No. 18328 of 2018

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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. 18328 OF 2018 (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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SRI M. B. APPANNA S/O BHEEMAYYA AGED 59 YEARS KANDANGALA VILLAGE VIRAJPET TALUK KODAGU DISTRICT - 571 218.

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…PETITIONER

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(BY SRI BASAVARAJ S.,DESIGNATED AS SENIOR COUNSEL)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY REVENUE DEPARTMENT M.S.BUILDING

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BENGALURU - 560 001.

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THE RANGE FOREST OFFICER VIRAJPET, KODAGU DISTRICT MADIKERI - 571 218.

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DEPUTY CONSERVATOR OF FOREST KODAGU DISTRICT MADIKERI - 571 218.

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WP No. 18328 of 2018

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TAHSILDAR VIRAJPET TALUK KODAGU DISTRICT MADIKERI.

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…RESPONDENTS

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(BY SMT.RASHMI PATEL .,HCGP FOR R1 TO 4)

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THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSITITUTION OF INDIA PRAYING TO: A) ISSUE A WRIT OF APPROPRIATE NATURE 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; B) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION QUASHING THE CRIMINAL PROCEEDINGS PENDING BEFORE THE LAND GRABBING SPECIAL COURT IN PROCEEDINGS 266/2018 AGAINST THE PETITIONER UNDER SECTION 9 OF THE KARNATAKA LAND GRABBING PROHIBITION ACT 2011, PRODUCED AND MARKED ANNEXUREB; C)ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION QUASHING THE ORDER OF SUMMONS DATED 08.03.2018 IN PROCEEDINGS NO. 266/2018 ISSUED BY THE LAND GRABBING SPECIAL COURT, PRODUCED AT ANNEXURE-C.

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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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In this matter, Shri.Basavaraj.S., the learned

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designated Senior Counsel who is on record for the petitioner, so also, the learned Government Advocate,

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WP No. 18328 of 2018

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namely, Smt.Rashmi Patel appearing for Respondent Nos.1 to 4 are present before the Court physically.

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The learned Government Advocate submits that

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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 decided on 19.01.2021. Therefore, the issue relating to this writ petition has also been extensively addressed in the aforesaid writ petition, challenging the validity of the provisions of law.

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The submission of the learned Government Advocate is placed on record.

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The present Writ Petition is filed by the petitioner challenging the proceedings initiated against him under the provisions of the Karnataka Land Grabbing Prohibition Act, 2018 vide Annexure-C and so also, seeking intervention of this Court to declare that the provisions of the Karnataka Land Grabbing Prohibition Act is unconstitutional and ultra vires Articles 14, 19, 21 and 300A of the Constitution of India. This Writ Petition is filed

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WP No. 18328 of 2018

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in the nature of certiorari and seeking intervention to criminal proceedings initiated against him and pending before the Land Grabbing Special Court in Proceedings No.266/2018 vide Annexure-B by urging various grounds.

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However, the issues 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 decided on 19.01.2021 and also keeping in view of the submission made by the learned Government Advocate, this writ petition does not survive for consideration and therefore, this Court need not dwell in detail with regard to the said aspect. Accordingly, this writ petition is dismissed as being devoid of merits.

Sd/-

JUDGE

Sd/JUDGE

Sri M B Appanna v. the State of Karnataka

Case brief

What is this about?

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Sri M B Appanna v. the State of Karnataka

Case brief

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