The High Court of Karnataka permitted the petitioner to withdraw a writ petition under Article 226 regarding the Karnataka Land Grabbing Prohibition Act and an impugned order in a civil suit. The writ petition was subsequently dismissed as withdrawn.
Withdrawal of the writ petition permitted; writ petition dismissed as withdrawn.
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. 4167 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF MARCH, 2023
PRESENT
THE HON’BLE MR. JUSTICE K.SOMASHEKAR
AND
THE HON’BLE MR. JUSTICE UMESH M ADIGA
WRIT PETITION NO.4167 OF 2020 (KLGP)
BETWEEN:
Digitally signed by D K BHASKAR Location: HIGH COURT OF KARNATAKA
SRI D.P. RAMESH S/O. SRI PUTTASWAME AGED ABOUT 49 YEARS, R/AT DEMGERE VILLAGE, MUGUTHIHALLI POST, CHIKMAGALUR - 577101 ... PETITIONER
(BY SRI A. MADHUSUDHANA RAO, ADVOCATE)
AND:
WP No. 4167 of 2020
M.S. BUILDING, BANGALORE – 560 001.
(BY SRI N. KUMAR, AGA FOR R-1 TO R-8)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THE KARNATAKA LAND GRABBING PROHIBITION ACT, (KARNATAKA ACT 38 OF 2014) AS ULTRA VIRES THE CONSTITUTION OF INDIA (ANNEXURE-L) AND / OR IN THE ALTERNATIVE; DECLARE THAT THE KARNATAKA LAND GRABBING PROHIBITION ACT, 2011 (KARNATAKA ACT 38 OF 2014) IN NOT APPLICABLE TO THE PETITIONER VIDE ANNEXURE-L AND; QUASH THE IMPUGNED ORDER DATED 12.03.2019 PASSED BY THE LEARNED I ADDITIONAL SENIOR CIVIL JUDGE, CHIKKAMAGALURU IN O.S.NO.264/2003 FOUND AT ANNEXURE-J.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, K.SOMASHEKAR J., MADE THE FOLLOWING:-
ORDER
Learned counsel Sri. A. Madhusudhana Rao for the
petitioner is present before the Court physically. Similarly,
learned AGA for respondent Nos.1 to 8.
WP No. 4167 of 2020
the case in O.S. No.264/2003 was initiated by the plaintiff against the defendants and subsequent to the judgment and decree rendered in the original suit, the defendants initiated case in RA No.71/2012. Subsequently, the judgment and decree and the order passed by the first appellate Court in RA has been stayed by this Court in MSA No.32/2015 and that proceedings is pending for consideration of the issues, which is emergent therein.
WP No. 4167 of 2020
withdraw the writ petition as sought for, the appeal stands
dismissed as withdrawn.
Ordered accordingly.
Sd/JUDGE
Sd/JUDGE
MBM
1 provisions across 1 enactments
Sri D.P. Ramesh S/o. Sri Puttaswame
The Range Forest Officer Chikmagalur Range
The Asst. Conservator of Forests Chikmagalur Sub-Division
The Deputy Conservator of Forests Chikmagalur Division
The Conservator of Forests Chikmagalur Circle
The Secretary to Government of Karnataka Forest Department
K. Somashekar
Umesh M. Adiga
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
