Writ petition challenged an order of the Karnataka Land Grabbing Special Court. Since both sides agreed a statutory appeal lies under amended Section 17A, the High Court disposed of the petition reserving liberty to appeal, with time before it excluded from limitation.
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.
NC: 2024:KHC:44931-DB WP No. 12006 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
AND
THE HON'BLE MR JUSTICE C M JOSHI
WRIT PETITION NO. 12006 OF 2021 (KLGP)
BETWEEN:
SRI KUMARA NAIKA, S/O LATE SHIVAMURTHY NAIK, AGED ABOUT 35 YEARS, R/AT YELLAMMANAGAR, THOLAHUNASE VILLAGE, ANAGODU HOBLI, DAVANAGERE TALUK AND DISTRICT-577 001.
…PETITIONER
(BY SRI NAIK N R, ADVOCATE)
AND:
Digitally signed by NANDINI R Location: High Court of Karnataka
NC: 2024:KHC:44931-DB WP No. 12006 of 2021
R-4 TO 10 ARE R/AT NO.3367/4, M C C 'B' BLOCK, DAVANAGERE CITY-577 001.
NC: 2024:KHC:44931-DB WP No. 12006 of 2021
…RESPONDENTS
(BY SRI M RAJKUMAR, AGA FOR R-12 TO 14 & R-17 & 18)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE ORDER PASSED BY THE SPECIAL COURT IN LGC(P) NO.319/2019 DATED 05.08.2019 WHICH IS PRODUCED AT ANNEXURE-E AND ORDER PASSED IN REVIEW PETITION BEFORE THE KARNATAKA LAND GRABBING SPECIAL COURT AT BENGALURU IN R.P.NO.7/2019 AND THE SAME WAS DISMISSED ON 23.10.2019 WHICH IS PRODUCED AT ANNEXURE-H ETC.
NC: 2024:KHC:44931-DB WP No. 12006 of 2021
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE C M JOSHI
ORAL ORDER
(PER: HON'BLE MR JUSTICE KRISHNA S DIXIT)
Both the sides agree that a statutory appeal is provided vide amended provisions of Section 17A of the Karnataka Land Grabbing Prohibition Act, 2011. If that be so, this petition cannot be maintained and accordingly, requires to be disposed off reserving liberty to the petitioner to avail the remedy of appeal, keeping open all contentions. Ordered accordingly. Writ petition is disposed off.
NC: 2024:KHC:44931-DB WP No. 12006 of 2021
Registry to return the certified copy of the impugned
order to the petitioner after retaining a Xerox copy of the same in the file.
Costs made easy.
Sd/(KRISHNA S DIXIT) JUDGE
Sd/(C M JOSHI) JUDGE
NR/List No.: 1 Sl No.: 11
1 issue framed by the court
Whether the writ petition is maintainable when a statutory appeal lies under Section 17A of the Karnataka Land Grabbing Prohibition Act, 2011.
1 provisions across 1 enactments
SRI KUMARA NAIKA
SRI RAJAKUMAR D
SRI S K SHABBIR KHAR
SMT. NIRUPAMA K A
SRI K G PRAKASH
SMT. A G RATHNAPRAKASH
KRISHNA S DIXIT
C M JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
