THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE KARNATAKA LAND GRABBING PROHIBITION ACT, 2011 (KARNATAKA ACT 38 OF 2014) AS ULTRA VIRES THE CONSTITUTION OF INDIA BEING VIOLATIVE OF ARTICLE 14, 20, 21 AND 300-A AND /OR IN THE ALTERNATIVE AND ETC.,

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, K.SOMASHEKAR .J. , MADE THE FOLLOWING:

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ORDER

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Sri. Narappa K N, learned counsel for petitioner

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who is on record but there is no representation either through video conferencing or present before this Court physically.

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Learned AGA Sri. N Kumar is present

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before the Court physically.

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In this writ petition, the petitioner is seeking intervention by considering the grounds urged and wherein contending that the provisions of the Karnataka Land Grabbing Prohibition Act, 2011 be declared as unconstitutional and ultravires to Articles 14, 19, 21 and 300A of the constitution of India. It is further seeking in this writ proceedings that the Karnataka Land Grabbing

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WP No. 4913 of 2020

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Prohibition Act, 2011 is not applicable to the facts and circumstances of the proceedings in LGC(T) No.1666/2019 which is pending before the Special Court at Bengaluru vide Annexure-'A'. The writ is in the nature of certiorari and whereby seeking direction and also quashing of the entire proceedings vide Annexure-'A' which is before the Special Court under the Karnataka Land Grabbing Prohibition Act, 2011 and so also sought other reliefs.

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Learned counsel for the petitioner in

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support of the grounds urged in the writ petition has produced copy of the order dated 18.10.2019 passed by the Karnataka Land Grabbing Prohibition Special Court, Bengaluru vide Annexure-'A', copy of the Karnataka Land Grabbing Prohibition Act, 2011 vide Annexure-'B', copy of RTC in respect of Sy.No.30 of Ulupinakatte Village, Anagodu Hobli, Davangere Taluk and District vide annexure-'C', copy of endorsement dated 27.11.2018 vide annexure -'D', copy of amended endorsement dated 10.01.2019 vide annexure-'E', copy of endorsement vide

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WP No. 4913 of 2020

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Annexure-'F' and letter dated 29.10.2018 vide Annexure'G'. These are all the documents facilitated by the learned

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counsel for petitioner in addition to the grounds urged in the writ petition as indicated in the prayer column of the writ proceedings.

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It is specifically stated in the writ petition that Section 9 of the Act which permits the Special Court to take cognizance of the proceedings on the basis that any allegation of land grabbing is sufficient to take cognizance. This is very peculiar enactment and one of its kind as no other statute deals with the taking of cognizance on a mere allegation. However, the cognizance it is the domain with the Court to deal with the matter and the same shall be decided in accordance with law.

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However, the issues involved in this writ

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petition has been addressed by a co-ordinate Bench of this Court in W.P.No.47747/2017 dated 19.01.2021. Learned

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AGA submits that this writ petition does not have any force to call for interference of the grounds urged therein

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5 - WP No. 4913 of 2020

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for consideration and this writ petition does not have any substance to call for interference of this Court under Article 226 of Constitution of India. Therefore, we are of the opinion that, in terms of the order passed in the aforementioned writ petition in W.P.No.47747/2017, this writ petition has become infructuous. In terms of the aforesaid reasons and findings, we proceed to pass the following:

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ORDER

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Writ petition is dismissed as having become

infructuous.

Sd/JUDGE

Sd/JUDGE

SSD