The High Court of Karnataka dismissed a writ petition challenging the constitutionality of the Karnataka Land Grabbing Prohibition Act, 2011 and seeking quashing of proceedings, holding that the issue had been extensively addressed by a coordinate bench.
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. 39338 of 2018
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. 39338 OF 2018 (KLGP)
BETWEEN:
Digitally signed by D K BHASKAR Location: HIGH COURT OF KARNATAKA
R/AT ANURADHA NURSING HOME ROAD,
SOPPUGUDDE THIRTHAHALLI, THIRTHAHALLI TALUK, SHIVAMOGA DISTRICT.
S/O T.D.MOHAMED SHARIFF AGED ABOUT 60 YEARS R/A SEEBINAKERE - ANANDAPURAM ROAD THIRTHALLI, THIRTHALLI TALUK, SHIVAMOGA DISTRICT.
…PETITIONERS
(BY SRI PRAKASHA HEGDE K, ADVOCATE)
AND:
WP No. 39338 of 2018
DR. B. R. AMBEDKAR VEEDHI, BENGALURU- 560001.
…RESPONDENTS
(BY SRI N.KUMAR, AGA FOR R1 & R2)
THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE KARNATAKA LAND GRABBING PROHIBITION ACT, 2011 AS UNCONSTITUTIONAL; DECLARE THAT THERE HAS BEEN NO LAND GRABBING ON THE PART OF THE PETITIONERS IN RESPECT OF LAND IN QUESTION IN RESPECT OF 67 ACRES 4 GUNTAS OF AGRICULTURAL LAND IN SY.NO.126 OF BEGUVALI VILLAGE, MANDAGADDE HOBLI, THIRTAHALLI TALUK, SHIVAMOGGA DISTRICT, ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, K. SOMASHEKAR, J., MADE THE FOLLOWING:
ORDER
This Writ Petition is filed seeking to declare that the Karnataka Land Grabbing Prohibition Act, 2011 as unconstitutional; to declare that there has been no land grabbing on the part of the petitioners in respect of land in question in respect of 67 acres 4 guntas of agricultural land in Sy.No.126 of Beguvali Village, Mandagadde Hobli, Thirtahalli Taluk, Shivamogga District; to quash the
WP No. 39338 of 2018
proceedings in L.G.C.No.2289/2017 pending on the file of the Karnataka Land Grabbing Prohibition Special Court, Bengaluru, which is at Annexure-S to this writ petition.
WP No. 39338 of 2018
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.
Advocate is placed on record.
of merits.
Sd/JUDGE
Sd/JUDGE
DH
3 issues framed by the court
Whether the Karnataka Land Grabbing Prohibition Act, 2011 is unconstitutional being contrary to Articles 14, 16 and 21.
Whether the proceedings deserve to be quashed as the Special Court lacked procedure to hold enquiry.
Whether the issue has been dealt with by a coordinate bench.
2 provisions across 2 enactments
DR.T.NARAYANASWAMY AND MUNAFF SHARIFF
STATE OF KARNATAKA
RANGE FOREST OFFICER MANDAGADDE
K. SOMASHEKAR
UMESH M ADIGA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
