Disposed¶44

Sri. Javed Khan. R, v. the State of Karnataka

Karnataka HC4 Nov 2025WP/31643/2025

Case brief

AI extract

What is this about?

Karnataka Land Grabbing Prohibition Act; Karnataka Act 38 of 2014; ultra vires Constitution; Articles 226 and 227; writ petition KLGP; LGC (S) No.27/2023; cognizance under Section 4; summons dated 13.02.2023; Special Court Land Grabbing & Prohibition Kandaya Bhavan Bangalore; discharge application liberty fifteen days; writ disposed not decided on merits; D K Singh; Tara Vitasta Ganju; NC: 2025:KHC:44443-DB; 4 November 2025.

What did the court decide?

Liberty to the petitioners to move an appropriate application for discharge in LGC(S) No.27/2023 within fifteen days; upon such application being moved, the Land Grabbing Court to decide it expeditiously in accordance with law. ¶44

Sri. Javed Khan. R, Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Karnataka Land Grabbing Prohibition Act (Karnataka Act 38 of 2014) is ultra vires the Constitution of India. +2 more

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Ratio / Principle

Taking into account the petitioners' counsel's submission that the vires relief would not be pressed and that a discharge application would be moved before the Karnataka Special Court for Prohibition of Land Grabbing, the Division Bench disposed of the writ petition with liberty to the petitioners to move an appropriate application for discharge in LGC(S) No.27/2023 within fifteen days.

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Key takeaways

If the petitioners move such a discharge application, the Land Grabbing Court shall decide the same in accordance with law, expeditiously.ratio¶48

Detailed headnote1 paragraphs

Writ Petition No. 31643 of 2025 (KLGP), High Court of Karnataka, Bengaluru (DB: D K Singh J., author, and Tara Vitasta Ganju J.), decided 04.11.2025; NC: 2025:KHC:44443-DB. The petitioners, facing summons dated 13.02.2023 and a cognizance order dated 13.02.2023 under Section 4 of the Karnataka Land Grabbing Prohibition Act in LGC(S) No.27/2023 before the Special Court (Land Grabbing & Prohibition), Kandaya Bhavan, Bangalore, had sought (i) declaration that the Act (Karnataka Act 38 of 2014) is ultra vires the Constitution, (ii) declaration that the Act is not applicable to them, and (iii) certiorari quashing the summons, cognizance order and further proceedings. At hearing, learned counsel for the petitioners stated that the vires relief would not be pressed and that the petitioners would seek discharge before the Karnataka Special Court for Prohibition of Land Grabbing, Bengaluru. The Bench accordingly disposed of the writ petition with liberty to move an appropriate discharge application within fifteen days, directing the Land Grabbing Court to decide it expeditiously in accordance with law. The constitutional and applicability questions were not adjudicated.

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NC: 2025:KHC:44443-DB WP No. 31643 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF NOVEMBER, 2025

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PRESENT

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THE HON'BLE MR. JUSTICE D K SINGH AND

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THE HON'BLE MS. JUSTICE TARA VITASTA GANJU

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WRIT PETITION NO. 31643 OF 2025 (KLGP)

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BETWEEN:

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SRI JAVED KHAN R, S/O RIYAZ PASHA, AGED ABOUT 42 YEARS, RESIDING AT NO.29C, 3RD CROSS, 4TH MAIN, SUBASH NAGAR, BHATTARAHALLI, NEAR KARNATAKA MEDICALS, BANGALORE-560049.

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Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA

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SRI KRISHNA, S/O LATE YALLAPPA, AGED ABOUT 47 YEARS, RESIDING AT GANGAMMA TEMPLE, 2ND CROSS, 1ST MAIN ROAD, OPPURDU SCHOOL, HOSKOTE, BANGALORE RURAL DISTRICT-562114.

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…PETITIONERS

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(BY SRI R P SOMASHEKHARAIAH, ADVOCATE FOR SRI RAVIKUMAR T K, ADVOCATE)

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NC: 2025:KHC:44443-DB WP No. 31643 of 2025

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HC-KAR

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AND:

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THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S BUILDING, BANGALORE-560001.

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LAND GRABBING PROHIBITION SPECIAL COURT, 3RD FLOOR, KANDAYA BHAVANA, K.G. ROAD, BANGALORE-560009.

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SRI MANJUNATH, S/O LATE SIDDAPPA, AGED ABOUT 42 YEARS,

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SRI NAGENDRA PRASAD, S/O LATE SIDDAPPA, AGED ABOUT 40 YEARS,

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R-3 & 4 ARE RESIDING AT KHAJISONNENAHALLI VILLAGE, KANNAMANGALA POST, BANGALORE EAST TALUK, BANGALORE-560067.

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THE TAHSILDAR, BANGALORE EAST TALUK, K.R. PURAM, BANGALORE.

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…RESPONDENTS

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(BY SRI M N SUDEV HEGDE, AGA FOR R-1 & 5)

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3 - NC: 2025:KHC:44443-DB WP No. 31643 of 2025

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT DECLARING THAT THE KARNATAKA LAND GRABBING PROHIBITION ACT (KARNATAKA ACT 38 OF 2014) AS ULTRA VIRUS THE CONSTITUTION OF INDIA (PRODUCED AS ANNEXURE-N) AND ETC.,

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

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CORAM: HON'BLE MR. JUSTICE D K SINGH and

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HON'BLE MS. JUSTICE TARA VITASTA GANJU

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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The present writ petition has been filed seeking the

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following reliefs:

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"(a) Issue a writ declaring that the Karnataka Land Grabbing Prohibition Act (Karnataka Act 38 of 2014) as ultra virus the Constitution of India (Produced as ANNEXURE-N) ; and/or in the alternative

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(b) Issue a writ declaring that the Karnataka Land Grabbing Prohibition Act, 2011 (Karnataka Act 38 of 2014) is not applicable to the Petitioners (Produced as ANNEXURE-N) and

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NC: 2025:KHC:44443-DB WP No. 31643 of 2025

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HC-KAR

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(c) Issue a writ of certiorari and quash the impugned summons in complaint in LGC (S) No.27/2023 dated 13.02.2023 vide ANNEXURE-A pending on the file of Special Court Karnataka Land Grabbing & Prohibition, Kandaya Bhavan, Bangalore and consequently quash the Order dated 13.02.2023 vide ANNEXURE-A taking cognizance in LGC(S) No.27/2023 under Section 4 of the Act and entire further proceedings against the Petitioners."

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Learned counsel for the petitioners submits that he does not want to press the relief regarding the vires of the said Act and the petitioners will move necessary application before the Karnataka Special Court for Prohibition of Land Grabbing, Bengaluru, seeking discharge in LGC(S) No.27/2023.

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Considering the said submission, we dispose of this writ petition with liberty to the petitioners to move appropriate application for discharge in the aforesaid case within a period of

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NC: 2025:KHC:44443-DB WP No. 31643 of 2025

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HC-KAR

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fifteen days from today. If such an application is moved, the Land Grabbing Court shall decide the same in accordance with law, expeditiously.

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Sd/(D K SINGH) JUDGE

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Sd/(TARA VITASTA GANJU) JUDGE

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