Smt Saroja Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Smt Saroja Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition permitted to be withdrawn with liberty to approach the trial court (Land Grabbing Court) to file a discharge application; all contentions kept open; costs made easy; conditioned on proof of payment of Rs.5,000/- (ordered 07.01.2025), accepted by Registry if paid within four days.

Issue for consideration

Whether the petitioner should be permitted to withdraw the writ petition (challenging the charge sheet in the Land Grabbing case) with liberty to approach the trial court to file a discharge application.

Court's answer

With no objection from the other side, leave was accorded and the petition was permitted to be withdrawn with liberty as sought; all contentions kept open and costs made easy.

Ratio / Principle

Any discharge application moved before the trial court shall not be entertained without proof of payment of Rs.5,000/- as ordered by this Court on 07.01.2025; Registry to accept the payment if made within four days.

Detailed headnote1 paragraphs

Writ Petition No.10425 of 2024 (KLGP), High Court of Karnataka at Bengaluru (Division Bench: Justice Krishna S Dixit, per clause, and Justice G Basavaraja), decided 06.02.2025. Petition under Articles 226 and 227 of the Constitution of India praying to quash the entire charge sheet and its further proceedings in Crime No-241/2017, now LGC(T) No-7495/2021, pending on the file of the Karnataka Land Grabbing Prohibition Special Court at Bengaluru for alleged offences punishable u/s 409 of the Indian Penal Code and Section 192(b) of the Karnataka Land Revenue (Amendment) Act 2007. On counsel's memo stating the petitioner was unwilling to proceed and sought withdrawal with liberty, and there being no objection from the other side, leave was accorded and the petition permitted to be withdrawn with liberty as sought; all contentions were kept open and costs made easy. Any discharge application before the trial court will not be entertained without proof of payment of Rs.5,000/- as ordered by the Court on 07.01.2025, Registry to accept the payment if made within four days.

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NC: 2025:KHC:5384-DB WP No. 10425 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF FEBRUARY, 2025 PRESENT

THE HON'BLE MR JUSTICE KRISHNA S DIXIT

AND

THE HON'BLE MR JUSTICE G BASAVARAJA WRIT PETITION NO.10425 OF 2024 (KLGP)

BETWEEN:

SMT. SAROJA W/O MEGAHARAJ CHAVAN, AGED ABOUT 45 YEARS, R/A LOGAVI VILLAGE, ITTANGIHAL THANDA, VIJAYAPURA – 586 104.

…PETITIONER

(BY SRI. KULKARNI SHRINATH, ADVOCATE)

AND:

STATE OF KARNATAKA

Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka

BY VIJAYAPURA RURAL POLICE STATION, VIJAYAPURA DISTRICT, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU – 560 00.

SRI. MUZAFFAR BALIGAR S/O NABILAL BALIGAR AGED UNKNOWN TAHASILDHAR, VIJAYAPURA RURAL TAHASILDHAR OFFICE, VIJAYAPURA.

…RESPONDENTS

(BY SMT. CHANDINI.S, HCGP FOR R1 AND R2)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE CHARGE SHEET AND ITS FURTHER PROCEEDINGS IN CRIME No-241/2017 NOW LGC(T) No-7495/2021 PENDING ON THE FILE OF THE KARNATAKA LAND GRABBING PROHIBITION

2 - NC: 2025:KHC:5384-DB WP No. 10425 of 2024

SPECIAL COURT AT BENGALURU FOR THE ALLEGED OFFENCES PUNISHABLE U/S 409 OF INDIAN PENAL CODE AND SECTION 192(b) OF KARNATAKA LAND REVENUE (AMENDMENT) ACT 2007 IN THE INTEREST OF JUSTICE.

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 G BASAVARAJA

ORAL ORDER

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

Learned counsel for the petitioner seeks leave of the

Court to withdraw the petition with liberty to approach the

trial court seeking discharge. Memo reads as under:

“The undersigned counsel for Petitioner most respectfully submits that the Petitioner is unwilling to proceed this case and seek this Court to withdraw the case with liberty and approach the Land Grabbing Court to file the discharge application. Hence this Hon’ble court may kindly give the liberty to withdraw the petition in the interest of justice.”

2. There is no objection from the other side to the

request for the leave to withdraw.

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NC: 2025:KHC:5384-DB WP No. 10425 of 2024

In view of the above, leave having been accorded,

the petition is permitted to be withdrawn with liberty as sought for. All contentions are kept open and costs made easy.

However, discharge application to be moved before the trial court shall not be entertained without proof of payment of Rs.5,000/- as ordered by this Court on 07.01.2025. Registry to accept this payment, if made within four days from today.

Sd/(KRISHNA S DIXIT) JUDGE

Sd/(G BASAVARAJA) JUDGE

DR

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