Dismissed

Channaiah v. State of Karnataka by

Karnataka HC7 Nov 2024WP/22003/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition challenging a Special Court's conviction and sentencing for land grabbing. Relying on a coordinate bench decision granting an appeal remedy, the court refused to decide on merits, directing the petitioner to approach the appellate forum, subject to liberty to reopen contentions.

What did the court decide?

Petition dismissed, liberty retained to availthe remedy ofappeal; interim order continued.

Channaiah Vs State of Karnataka by — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC:44894-DB WP No. 22003 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF NOVEMBER, 2024 PRESENT

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT

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AND

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THE HON'BLE MR JUSTICE C M JOSHI

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WRIT PETITION NO. 22003 OF 2024 (KLGP)

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BETWEEN:

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CHANNAIAH, SON OF LATE ERAIAH, AGED ABOUT 66 YEARS, OCC: AGRICULTURE,

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BASAPPA SON OF LATE IYANNA, AGED ABOUT 81 YEARS, OCC: NIL.

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BOTH ARE RESIDENTS OF BHADRAPURA VILLAGE, SHIKARIPURA TALUK, SHIMOGGA DISTRICT.

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…PETITIONERS

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(BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA.,ADVOCATE)

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Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA

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AND:

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STATE OF KARNATAKA BY POLICE SUB-INSPECTOR, SHIKARPURA TOWN POLICE STATION, REPRSENTED BY STATE PUBLIC PROECUTOR, HIGH COURT BUILDINGS, BENGALURU 560 001.

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THE TAHASILDAR, SHIKARIPURA- TALUK, SHIMOGGA-DIST.

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…RESPONDENTS

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(BY SRI.RAJKUMAR M., AGA)

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2 - NC: 2024:KHC:44894-DB WP No. 22003 of 2024

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE JUDGMENT AND ORDER DATED 25.07.2024, PASSED IN CASE No. LGC(T)-99/2020 IN RESPECT OF THE OFFENCE PUNISHABLE UNDER SECTION 192A (1) OF THE KARNATAKA LAND REVENUE ACT, 1964, PASSED BY THE LEARNED KARNATAKA LAND GRABBING PROHIBITION SPECIAL COURT, BENGALURU, PRODUCED AT ANNEXURE-A AND PASS SUCH OTHER ORDER OR DIRECTION IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT

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and HON'BLE MR JUSTICE C M JOSHI

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ORAL ORDER

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(PER: HON'BLE MR JUSTICE KRISHNA S DIXIT)

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The challenge in this Petition is to the Special Court’s

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order dated 25.07.2024 entered in LGC (T) No.99/2020 wherein the operative portion of the same reads as under:

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“ORDER

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Acting under Section 248(2) of Cr.P.C., the accused No.1 and 2 are hereby convicted for the offence punishable under Section 192A(1) of the Karnataka Land Revenue Act.

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Accused No.1 and 2 are hereby sentenced to undergo Simple Imprisonment for a period of One year and sentenced to pay a fine of Rs.5,000/- each for the offence punishable

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NC: 2024:KHC:44894-DB WP No. 22003 of 2024

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under Section 192A(1) of the Karnataka Land Revenue Act.

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In default of payment of fine, they shall undergo Simple Imprisonment for Three Months.

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Bail bond of accused No.1 and 2 and surety bonds stand cancelled.

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Supply free copy of this judgment to the accused No. 1 and 2 forthwith.

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Issue direction to Tahsildar, Shikaripura to take possession of 25 Guntas of Government land from the custody of accused No.1 in respect of Sy.No. 19 of Bhadrapura Village, Anjanapura Hobli, Shikaripura Taluk within 60 days from the date of this order.

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Issue direction Issue to Tahsildar, Shikaripura to take possession of 36 guntas of Government land from the custody of accused No.2 in respect of Sy.No.19 of Bhadrapura Village, Anjanapura Hobli, Shikaripura Taluk within 60 days from the date of this order.

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Issue direction to Tahsildar, Shikaripura to take possession of the above said property by conducting mahazar, by taking photographs and to submit report within 60 days from the date of this order to this Court without fail.

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For compliance of Court order.”

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4 - NC: 2024:KHC:44894-DB WP No. 22003 of 2024

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Learned AGA appearing for the Respondents

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draws our attention to the provisions of Section 17A(1) of the Karnataka Land Grabbing Act, 2011 which provides for a right of appeal against orders of the kind. He also submits that in W.P.No.12006/2021 (KLGP) between SRI KUMAR NAIKA v. SRI RAJAKUMAR D & OTHERS, disposed off by us this day, similarly placed litigant has been relegated to appeal remedy and therefore, the same should happen to the petitioner herein also. Like cases to be decided alike. There is force in this submission.

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In the above circumstances, this Petition is disposed off, reserving liberty to the Petitioner to avail the remedy of appeal, keeping open all contentions of the parties.

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It hardly needs to be stated that period spent in prosecuting this petition shall be discounted while computing the period of limitation prescribed for the said appeal.

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Registry to return the impugned order to the Petitioner after retaining a copy there of in the file.

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NC: 2024:KHC:44894-DB WP No. 22003 of 2024

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To facilitate filling of the appeal, the interim

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order granted by the Coordinate Bench on 13.09.2024

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shall continue for a period of four weeks.”

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