Petitioner challenged his conviction by the Karnataka Land Grabbing Prohibition Special Court for land encroachment. Following its earlier order in Channaiah, the Division Bench disposed of the petition, directing the petitioner to avail the statutory appeal, continuing the interim suspension of sentence on bail bond conditions.
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:46304-DB WP No. 20359 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH 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. 20359 OF 2024 (KLGP)
BETWEEN:
SUNDARA BABU, AGED ABOUT 47 YEARS, S/O LATE CHIKKANANJA REDDY, R/AT RAYASANDRA VILLAGE, HUSKOOR POST, ANEKAL TALUK, BENGALURU-560 099.
…PETITIONER
(BY SRI MANIVANNAN G, ADVOCATE)
AND:
Digitally signed by NANDINI R Location: High Court of Karnataka
…RESPONDENTS
(BY SRI M RAJAKUMAR, AGA FOR R-1; SRI N BAYYA REDDY, ADVOCATE FOR R-2)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
NC: 2024:KHC:46304-DB WP No. 20359 of 2024
RECORDS AND QUASH THE ORDER DATED 13/06/2024 PASSED BY THE HONOURABLE KARNATAKA LAND GRABBING PROHIBITION SPECIAL COURT (COURT HALL-2) AT BENGALURU IN LGC (P) NO.1982/2017 VIDE ANNEXURE-A AND ACQUIT THE PETITIONER.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, 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)
The challenge in this petition is to the order dated
13.06.2024, whereby, the Karnataka Land Grabbing Prohibition Special Court has entered the judgment of conviction with a simple imprisonment of six months coupled with fine and ordered retrieval of the encroached land.
ANOTHER VS. STATE OF KARNATAKA disposed of by us on 7th November, 2024 granting liberty to the litigants of
the kind to avail remedy of appeal as provided under Section 17A of the Karnataka Land Grabbing Act, 2011 as amended by 2020, Act. He hastens to add that when litigants have an alternative and equally efficacious remedy provided in the statute, ordinarily writ courts should relegate them to the same. We broadly agree with this view.
In the above circumstances, this petition is accordingly disposed off continuing the interim order granted by a Coordinate Bench of this court on 12.08.2024, which reads as under:
" Having heard the learned counsel for the petitioner and perused the record, the sentence imposed by the Karnataka Land Grabbing Prohibition Special Court at Bengaluru, CH-2, in LGC (P) No.1982/2017 dated 13.06.2024 is suspended pending disposal of this writ petition subject to the condition that the petitioner shall execute a bail bond for a sum of Rs.50,000/- with one surety to the satisfaction of the said Court..."
NC: 2024:KHC:46304-DB WP No. 20359 of 2024
If appeal is preferred within a period of six weeks,
the issue of limitation, delay & latches shall not be raised.
All contentions of the parties are kept open.
Registry to return the impugned order after retaining a copy thereof in the file.
Records to be sent back, Costs made easy.
Sd/(KRISHNA S DIXIT) JUDGE
Sd/(C M JOSHI) JUDGE
tsn*
List No.: 1 Sl No.: 18
1 issue framed by the court
Whether the writ petition should be relegated to the statutory appeal remedy under Section 17A of the Karnataka Land Grabbing Act despite an available alternative remedy.
Colour shows how this judgement treated each authority
Channaiah and Another vs. State of KarnatakaRelied on¶2
W.P.No.22003/2024 between CHANNAIAH AND ANOTHER VS. STATE OF KARNATAKA
2 provisions across 2 enactments
SUNDARA BABU
THE TAHSILDAR, ANEKAL TALUK
JAGADEESH REDDY
KRISHNA S DIXIT
C M JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
