A Writ Petition challenging the constitutionality of the Karnataka Land Grabbing Prohibition Act, 2011 and seeking quashing of criminal proceedings was dismissed by the High Court of Karnataka. The court held that issues were extensively addressed in a previous coordinate bench judgment, making the current petition devoid of merits.
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. 41717 of 2019
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. 41717 OF 2019 (KLGP)
BETWEEN:
Digitally signed by D K BHASKAR Location: HIGH COURT OF KARNATAKA
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LAVIGERE (VILLAGE) KASABA (HOBLI) SAGARA (TALUK) SHIMOGA-577431
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KASABA (HOBLI) SAGARA (TALUK) SHIMOGA-577431
…PETITIONERS
(BY SRI NANDISH PATIL, ADVOCATE)
AND:
SHIMOGA, SHIMOGA DISTRICT - 577431.
…RESPONDENTS
(BY SRI N.KUMAR, AGA FOR R1 TO R3)
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THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: A) ISSUE A WRIT OF APPROPRIATE NATURE TO DECLARE THAT THE PROVISIONS OF THE KARNATAKA LAND GRABBING PROHIBITION ACT, AS UNCONSTITUTIONAL AND ULTRA VIRES ARTICLE 14, ARTICLE 19 AND ARTICLE 21 AND 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 LGC(G) NO.1492/2018, LGC(G) NO.1493/2018, LGC(G) NO.1494/2018, LGC(G) NO.1497/2018, LGC(G) NO.1498/2018, LGC(G) NO.1499/2018, LGC(G) NO.1500/2018, LGC(G) NO.1501/2018, LGC(G) NO.1508/2018, LGC(G) NO.1509/2018, LGC(G) NO.1511/2018, LGC(G) NO.1513/2018, LGC(G) NO.1514/2018, LGC(G) NO.1517/2018, LGC(G) NO.1518/2018, LGC(G) NO.1519/2018, LGC(G) NO.1521/2018, LGC(G) NO.1523/2018, LGC(G) NO.1524/2018, LGC(G) NO.1525/2018, LGC(G) NO.1527/2018, LGC(G) NO.1529/2018 AS THE PETITIONERS UNDER SECTION 9(1) OF THE KARNATAKA LAND GRABBING PROHIBITION ACT 2011, PRODUCED AND MARKED ANNEXURE-D TO D21.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This Writ Petition is filed by the petitioners seeking to declare that the provisions of Karnataka Land Grabbing Prohibition Act, 2011 as unconstitutional and ultra vires Articles 14, 19, 21 and 300A of the Constitution of India ; and also to quash the criminal proceedings pending before the Land Grabbing Special Court initiated against the
WP No. 41717 of 2019
petitioners under Section 9(1) of the Karnataka Land Grabbing Prohibition Act, 2011.
4. In this matter, the proceedings, which are initiated before the Special Court under the Special Enactment 2011, is dual in nature, which indicates arrival of conclusion by the Special Court. The said Act provides
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for adjudicating the civil rights of the parties without providing for the procedures to hold enquiry is unconstitutional being contrary to the provisions of Articles 14, 16 and 21 of the Constitution of India. Therefore, ends of justice to be agitated in those matters. However, the issues involved in the present Writ Petition have already been extensively addressed 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 the present 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 abuse of the process of court or otherwise to secure the ends of justice.
Sd/-
JUDGE
Sd/JUDGE
DH
2 issues framed by the court
Whether the Writ Petition seeking to declare the Karnataka Land Grabbing Prohibition Act, 2011 unconstitutional and quashing criminal proceedings under it survives for consideration.
Whether the High Court should exercise powers under Section 482 Cr.P.C. to quash proceedings initiated under the Special Act.
Colour shows how this judgement treated each authority
Writ Petition No. 47747 of 2017Relied on¶69
Dr. Monica Kumar and another Vs. State of Uttar Pradesh and othersReferred¶70
(2008) 8 SCC 781, Dr. Monica Kumar and another Vs. State of Uttar Pradesh and others · Who else cites this
Manjappa @ Mannappa s/o Basappa and others
The State of Karnataka
K. SOMASHEKAR
UMESH M ADIGA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
