Disposed

Sri M Krishnamurthy v. the Tahsildar

Karnataka HC24 Mar 2023WP/6153/2023

Case brief

AI extract

What is this about?

This writ petition challenged an order and sought to quash a Special Court order, praying for an application under the Land Grabbing Prohibition Act and declaring the Act ultra vires the Constitution. The Court noted a similar issue was decided by a co-ordinate bench, deemed the petition devoid of merits, disposed of it based on a withdrawal memo, and granted liberty.

What did the court decide?

The writ petition was disposed of in terms of the withdrawal memo filed by the petitioner's counsel. Liberty to persuade the matter before the Special Court was granted.

Sri M Krishnamurthy Vs the Tahsildar — Land Acquisition | Karnataka HC (2023)

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WP No. 6153 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH 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 WRIT PETITION NO. 6153 OF 2023 (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 KRISHNAMURTHY S/O LATE M S MUNIKEMPAIAH AGED ABOUT 49 YEARS R/A MEDAHALLI EXTENSION (BEHIND RAMARA TEMPLE) VIRGONAGAR POST BIDARAHALLI HOBLI BENGALURU EAST TALUK BENGALURU-560049.

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SMT A S NIRMALA W/O LATE VIVEK AGED ABOUT 70 YEARS R/A NO.49/3, 16TH CROSS 4^TH MAIN ROAD MALLESHWARAM BENGALURU-560003.

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…PETITIONERS

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(BY SRI. R. BHADRINATH FOR SRI. RAMAMURTHY H S.,ADVOCATE)

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AND:

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THE TAHSILDAR BENGALURU EAST TALUK KRISHNARAJAPURAM BENGALURU-560036.

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WP No. 6153 of 2023

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THE REVENUE INSPECTOR BENGALURU EAST TALUK KRISHNARAJAPURAM BENGALURU-560036.

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SRI MUNIVENKATAPPA S/O LATE CHIKKANNA AGED ABOUT 54 YEARS R/A NO.156, 1^ST CROSS KURUDUSONNENAHALLI ROAD BEHIND PETROL BUNK, MEDAHALLI VIRGONAGAR POST BENGALURU-560049.

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…RESPONDENTS

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(BY SRI. GOPALKRISHNA SOOD – HCGP FOR R1 & R2; SRI. KEMPANNA – ADVOCATE FOR R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CRIMINAL PROCEDURE CODE, PRAYING TO QUASH THE IMPUGNED ORDER DATED 06.02.2023 IN LGC (P) No. 1104 OF 2017 PASSED BY THE KARNATAKA LAND GRABBING PROHIBITION, SPECIAL COURT AT BENGALURU VIDE ANNEXURE-A AND CONSEQUENTLY TO ALLOW THE APPLICATION FILED BY THE PETITIONERS UNDER SECTION245 OF THE CRIMINAL PROCEDURE CODE READ WITH SECTION-9(3) OF THE KARNATAKA LAND GRABBING PROHIBITION ACT 2011 AS FOUND AT ANNEXURE-P.

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THIS WRIT PETITION, COMING ON FOR PRELIMINAY

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HEARING, THIS DAY, K. SOMASHEKAR .J., MADE THE FOLLOWING:

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WP No. 6153 of 2023

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ORDER

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Learned counsel Shri R. Bhadrinath for petitioner is present before Court physically and represents the learned counsel Shri Ramamurthy H.S. who is on record. Similarly, learned counsel Shri Kempanna appears for Respondent No.3. Learned HCGP is directed to take notice for Respondent Nos.1 and 2.

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This writ petition is filed by the petitioner seeking intervention of the impugned order passed in LGC (P) No.1104/2017 by the Karnataka Land Grabbing Prohibition Special Court, Bengaluru, vide Annexure-“A” and consequently to allow the application filed by the petitioners under Section 245 of the Cr.P.C. read with Section 9(3) of the Karnataka Land Grabbing Prohibition Act, 2011. Further with a prayer seeking to declare the Karnataka Land Grabbing Prohibition Act, 2011 is ultravires the Constitution of India being violative of Articles 14, 20 and 21 of the Constitution of India.

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The proceeding was initiated before the Special Court constituted under the Karnataka Land Grabbing Prohibition Act, 2011 in LGC (P) No.1104/2017 based on a complaint made by the third respondent herein. However, the aforesaid

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WP No. 6153 of 2023

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proceeding is pending consideration before the Special Court. In the meanwhile of recording the submission made by the learned counsel for the petitioner inclusive of the learned HCGP for the State as well as the counsel for R3, it is deemed appropriate to refer that a Co-ordinate Bench of this Court in W.P.No.47747/2017 dated 19.01.2021 has considered similar issues which are involved in the present writ petition. Therefore, in terms of the order passed in the aforesaid writ petition, this petition does not survive for consideration to dwell in detail the materials facilitated by the counsel for the petitioner in support of his contentions. Therefore, we are of the opinion that the writ petition being devoid of merits and having become infructuous, requires to be disposed of.

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In the meanwhile, learned counsel files a memo seeking disposal of this petition as withdrawn permitting him to grant liberty to persuade the matters before the Special Court in LGC (P) No.1104/2017.

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WP No. 6153 of 2023

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