Common writ petitions filed by Mr. Nanjunde Gowda challenging criminal proceedings under the Karnataka Land Grabbing Prohibition Act were dismissed as they had abated due to the death of the petitioner, despite the absence of a death certificate in the preliminary hearing.
None; the writ petitions were dismissed as abated.
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. 8126 of 2022 C/W WP No. 8054 of 2022 WP No. 8081 of 2022 WP No. 8162 of 2022 WP No. 8206 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MARCH, 2023
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR AND
THE HON'BLE MR JUSTICE UMESH M ADIGA WRIT PETITION NO. 8126 OF 2022 (KLGP)
C/W
Digitally signed by D K BHASKAR Location: High Court of Karnataka
WRIT PETITION NO. 8054 OF 2022 WRIT PETITION NO. 8081 OF 2022 WRIT PETITION NO. 8162 OF 2022 WRIT PETITION NO. 8206 OF 2022
IN W.P.8126/2022
BETWEEN:
MR. NANJUNDE GOWDA S/O LATE MALIGEGOWDA AGED ABOUT 82 YEARS THEN SECRETARY OF THE KARNATAKA POLICE EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY MYSURU
OFFICE AT: 3RD CROSS C.A. SITE, NETAJINAGAR POLICE HBCS LAYOUT ALANAHALLI T.NARASIPURA ROAD MYSURU-570028.
…PETITIONER
(BY SRI. K R KRISHNAMURTHY - ADVOCATE)
WP No. 8126 of 2022 C/W WP No. 8054 of 2022 WP No. 8081 of 2022 WP No. 8162 of 2022 WP No. 8206 of 2022
AND:
…RESPONDENTS
(BY SRI. N. KUMAR – AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: A) QUASH THE ORDER PASSED BY THE SPECIAL COURT TAKING COGNIZANCE OF THE OFFENCE PUNISHABLE UNDER SECTION 4(3) OF KARNATAKA LAND GRABBING PROHIBITION ACT 2011 IN L.G.C. (G) NO.12212/2021 (AT ANENXURE-B); B) QUASH THE COMPLAINT FILED BY THE RESPONDENT NO.2 UNDER SECTION 9(1) OF THE KARNATAKA LAND GRABBING PROHIBITION ACT, 2011 (AT ANNEXURE-C).
IN W.P.8054/2022
BETWEEN:
MR. NANJUNDE GOWDA S/O LATE MALIGEGOWDA AGED ABOUT 82 YEARS THEN SECRETARY OF THE KARNATAKA POLICE EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY MYSURU
WP No. 8126 of 2022 C/W WP No. 8054 of 2022 WP No. 8081 of 2022 WP No. 8162 of 2022 WP No. 8206 of 2022
OFFICE AT: 3RD CROSS C.A. SITE, NETAJINAGAR POLICE HBCS LAYOUT ALANAHALLI T.NARASIPURA ROAD MYSURU-570028.
…PETITIONER
(BY SRI. K R KRISHNAMURTHY - ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. N. KUMAR – AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: A) QUASH THE ORDER PASSED BY THE SPECIAL COURT TAKING COGNIZANCE OF THE OFFENCE PUNISHABLE UNDER SECTION 4(3) OF KARNATAKA LAND GRABBING PROHIBITION ACT 2011 IN L.G.C. (G) NO.12214/2021 (AT ANENXURE-B); B) QUASH THE COMPLAINT FILED BY THE RESPONDENT NO.2 UNDER SECTION 9(1) OF THE KARNATAKA LAND GRABBING PROHIBITION ACT, 2011 (AT ANNEXURE-C).
WP No. 8126 of 2022 C/W WP No. 8054 of 2022 WP No. 8081 of 2022 WP No. 8162 of 2022 WP No. 8206 of 2022
IN W.P.8081/2022
BETWEEN:
MR. NANJUNDE GOWDA S/O LATE MALIGEGOWDA AGED ABOUT 82 YEARS THEN SECRETARY OF THE KARNATAKA POLICE EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY MYSURU
OFFICE AT: 3RD CROSS C.A. SITE, NETAJINAGAR POLICE HBCS LAYOUT ALANAHALLI T.NARASIPURA ROAD MYSURU-570028.
…PETITIONER
(BY SRI. K R KRISHNAMURTHY - ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. N. KUMAR – AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: A) QUASH THE ORDER PASSED BY THE SPECIAL COURT
TAKING COGNIZANCE OF THE OFFENCE PUNISHABLE UNDER SECTION 4(3) OF KARNATAKA LAND GRABBING PROHIBITION ACT 2011 IN L.G.C. (G) NO.12213/2021 (AT ANENXURE-B); B) QUASH THE COMPLAINT FILED BY THE RESPONDENT NO.2 UNDER SECTION 9(1) OF THE KARNATAKA LAND GRABBING PROHIBITION ACT, 2011 (AT ANNEXURE-C).
IN W.P.8162/2022
BETWEEN:
MR. NANJUNDE GOWDA S/O LATE MALIGEGOWDA AGED ABOUT 82 YEARS THEN SECRETARY OF THE KARNATAKA POLICE EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY MYSURU
OFFICE AT: 3RD CROSS C.A. SITE, NETAJINAGAR POLICE HBCS LAYOUT ALANAHALLI T.NARASIPURA ROAD MYSURU-570028.
…PETITIONER
(BY SRI. K R KRISHNAMURTHY - ADVOCATE)
AND:
WP No. 8126 of 2022 C/W WP No. 8054 of 2022 WP No. 8081 of 2022 WP No. 8162 of 2022 WP No. 8206 of 2022
…RESPONDENTS
(BY SRI. N. KUMAR – AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: A) QUASH THE ORDER PASSED BY THE SPECIAL COURT TAKING COGNIZANCE OF THE OFFENCE PUNISHABLE UNDER SECTION 4(3) OF KARNATAKA LAND GRABBING PROHIBITION ACT 2011 IN L.G.C. (G) NO.12210/2021 (AT ANENXURE-B); B) QUASH THE COMPLAINT FILED BY THE RESPONDENT NO.2 UNDER SECTION 9(1) OF THE KARNATAKA LAND GRABBING PROHIBITION ACT, 2011 (AT ANNEXURE-A).
IN W.P.8206/2022
BETWEEN:
MR. NANJUNDE GOWDA S/O LATE MALIGEGOWDA AGED ABOUT 82 YEARS THEN SECRETARY OF THE KARNATAKA POLICE EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY MYSURU
OFFICE AT:
3RD CROSS C.A. SITE, NETAJINAGAR POLICE HBCS LAYOUT ALANAHALLI T.NARASIPURA ROAD MYSURU-570028.
…PETITIONER
(BY SRI. K R KRISHNAMURTHY - ADVOCATE)
WP No. 8126 of 2022 C/W WP No. 8054 of 2022 WP No. 8081 of 2022 WP No. 8162 of 2022 WP No. 8206 of 2022
AND:
…RESPONDENTS
(BY SRI. N. KUMAR – AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: A) QUASH THE ORDER PASSED BY THE SPECIAL COURT TAKING COGNIZANCE OF THE OFFENCE PUNISHABLE UNDER SECTION 4(3) OF KARNATAKA LAND GRABBING PROHIBITION ACT 2011 IN L.G.C. (G) NO.12211/2021 (AT ANENXURE-B); B) QUASH THE COMPLAINT FILED BY THE RESPONDENT NO.2 UNDER SECTION 9(1) OF THE KARNATAKA LAND GRABBING PROHIBITION ACT, 2011 (AT ANNEXURE-C).
THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, K. SOMASHEKAR .J., MADE THE FOLLOWING:
ORDER
Learned AGA Shri N. Kumar is present before Court
physically and represents Respondent Nos.1 to 3.
Sd/JUDGE
Sd/-
JUDGE
KS
2 issues framed by the court
Whether the writ petitions filed by a deceased petitioner have abated and may be dismissed accordingly.
Whether the High Court is empowered to dismiss writ petitions on the ground of death of the petitioner.
2 provisions across 1 enactments
MR. NANJUNDE GOWDA
THE STATE OF KARNATAKA
THE DEPUTY COMMISSIONER MYSORE DISTRICT
THE TAHASILDAR MYSURU TALUK
K.SOMASHEKAR
UMESH M ADIGA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
