Allowed¶16

Smt. Gangalakshmamma v. State of Karnataka

Karnataka HC8 Apr 2026WP/20012/2025

Case brief

AI extract

What is this about?

Quashing of land-grabbing proceedings against BWSSB Executive Engineer; LGC(G)No.469/2021; Karnataka Land Grabbing Prohibition Act 2011, S.9(2) complaint and S.4(3) cognizance dated 19.07.2023; Karnataka Land Grabbing Prohibition Special Court Bengaluru; Sy.No.63 Medahalli Village STP land; Government/KIADB allotment; prior approval 1 acre 05 guntas dated 08.04.2026; Articles 226 and 227 Constitution; S.482 CrPC; certiorari; complaint infructuous; writ petition allowed.

What did the court decide?

Entire proceedings in LGC(G)No.469/2021 pending on the file of the Karnataka Land Grabbing Prohibition Special Court, Bengaluru (Annexure-M) quashed against the petitioner. ¶16

Smt. Gangalakshmamma Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Entire proceedings in LGC(G)No.469/2021 pending on the file of the Karnataka Land Grabbing Prohibition Special Court, Bengaluru (Annexure-M) quashed against the petitioner.

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Issue for consideration

Whether the entire proceedings in LGC(G)No.469/2021 pending before the Karnataka Land Grabbing Prohibition Special Court, Bengaluru, ought to be quashed by issuance of a writ in the nature of certiorari, the scheduled land having been granted/allotted by the Government and KIADB for establishment of the Sewage Treatment Plant. +1 more

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Court's answer

In view of the decision taken at the Government level for allotment of land in favour of the petitioner, the complaint before the KLGP Special Court does not survive for consideration, becomes infructuous and is required to be obliterated.

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Ratio / Principle

Writ petition allowed; the proceedings in LGC(G)No.469/2021 on the file of the Karnataka Land Grabbing Prohibition Special Court, Bengaluru (Annexure-M) are quashed against the petitioner.

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Detailed headnote1 paragraphs

High Court of Karnataka (D K Singh and T.M. Nadaf, JJ.; oral order per T.M. Nadaf, J.) allowed W.P. No.20012/2025 (KLGP) filed by the Executive Engineer, BWSSB under Articles 226 and 227 of the Constitution read with Section 482 of the Criminal Procedure Code, seeking quashing of LGC(G)No.469/2021 before the Karnataka Land Grabbing Prohibition Special Court, Bengaluru. The complaint, instituted under Section 9(2) of the Karnataka Land Grabbing Prohibition Act, 2011, alleged encroachment of 3 acres 25 guntas in Sy.No.63 of Medahalli Village for a Sewage Treatment Plant; cognizance was taken on 19.07.2023 under Section 4(3) of the Act and the petitioner was enlarged on bail on a personal bond of Rs.50,000/-. The land had been transferred by the Government (2 acres 20 guntas) and allotted by KIADB (3 acres 1 gunta) for the STP, which was established. After interim orders directing a Revenue Department-BWSSB meeting, the Government on 08.04.2026 granted prior approval for allotment of 1 acre 05 guntas in Sy.No.63 to the petitioner. Holding that in view of the Government-level decision for allotment of land the complaint does not survive and becomes infructuous, the Court quashed the proceedings against the petitioner.

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NC: 2026:KHC:21667-DB WP No. 20012 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF APRIL, 2026

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PRESENT

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THE HON'BLE MR. JUSTICE D K SINGH

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AND

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THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 20012 OF 2025 (KLGP)

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BETWEEN:

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SMT. GANGALAKSHMAMMA, D/OS RI LAKSHMAIAH, AGE ABOUT 50 YEARS, PRESENTLY WORKING AS

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Digitally signed by REKHA R Location: High Court of Karnataka

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EXECUTIVE ENGINEER, BENGALURU WATER SUPPLY AND SEWERAGE BOARD(BWSSB), WWM STP, CHALLAGHATTA VALLEY, KURUDUSONNENAHALLI MAIN ROAD, MEDIHHALLI VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU - 560 049.

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(BY SRI. SRINIVAS, ADVOCATE FOR SRI. B L SANJEEV., ADVOCATE)

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…PETITIONER

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AND:

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STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001.

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NC: 2026:KHC:21667-DB WP No. 20012 of 2025

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HC-KAR

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THE TAHSILDAR, BENGALURU EAST TALUK, K.R. PURAM, BENGALURU - 560 036.

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…RESPONDENTS

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(BY SRI. G.S. ARUNA, HCGP FOR RESPONDENT NO.1 & 2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION QUASHING THE ENTIRE PROCEEDINGS IN CASE LGC (G) No.469/2021 PENDING ON THE FILE OF KARNATAKA LAND GRABBING PROHIBITION SPECIAL COURT, BENGALURU (VIDE ANNEXURE-M) AND ETC.,

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THIS 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 D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE T.M. NADAF)

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The Executive Engineer, Bangalore Water Supply & Sewerage Board¹ is before us invoking the Article 226 and 227 of Constitution of India r/w Section 482 of the

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1 BWSSB for short

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HC-KAR

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Criminal Procedure Code, seeking to quash the entire proceedings in case number LGC(G)No.469/2021 pending on the file of Karnataka Land Grabbing Prohibition Special Court, Bengaluru² ( Annexure-M ) with such other reliefs.

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The parties are referred to by their rankings before the Karnataka Land Grabbing Prohibition Special Court, Bengaluru.

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Facts germane to file this writ petition are as

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under:

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BWSSB is a Statutory Body constituted under the provisions of Bangalore Water Supply and Sewerage Act, 1964³ . The general duty of the Board is providing water supply and improving the existing supply of water and making adequate provision for the sewerage and disposal of sewerage in the Bangalore Metropolitan Area. In the year 2007, vide Notification dated 16.07.2007, Bangalore Mahanagara Palike (BMP) was re-designated as

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2 KLGP Spl.Ct

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3 Act of 1964

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HC-KAR

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Bruhath Bangalore Mahanagara Palike⁴ , specifying local areas in Schedule B. Thus, 7 CMC, 1 TMC and 110 Villages have been included to the jurisdiction of BBMP. In view of the same, the jurisdiction of the Board was expanded to 800 Sq Kms beyond the core area of old 100 wards (about 225 Sq kms).

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A complaint came to be lodged before

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Karnataka Lokayukta by all the general public residing near Yalemalappa Chetti Tank in Sy.No.63 of Medahalli Village, Bidarahalli Hobli, Bengaluru East Taluk, contending that certain local residents have encroached the Yalemallappa Chetti Tank and its buffer zone and are dumping the construction wastes/debris in the land and the untreated sewage drained into the lake and requested to establish Sewage Treatment Plant in order to avoid untreated sewage being drained into the lake.

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4 BBMP

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HC-KAR

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On the complaint, the Karnataka Lokayukta

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directed the Government to establish Sewage Treatment Plant and as per the direction, the Government requested the petitioner-BWSSB to establish Sewage Treatment Plant. Under the Government Order, the Assistant Executive Engineer, Minor Irrigation Department transferred an extent of 2 acres 20 guntas of land in Sy.No.63 to the petitioner for establishing sewage treatment plant as per Annexures-A and B . Similarly, the Karnataka Industrial Areas Development Board⁵ allotted an extent of 3 acres 1 gunta of land in the adjacent Sy.Nos.64/1,2,3,4,5,6 and 7 of Medahalli Village, Bidarahalli Hobli, Bengaluru East Taluk for the purpose of establishment of Sewage Treatment Plant.

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Upon the allotment, the Board has paid the allotment charges to the KIADB and pursuant to the same has taken possession of the lands from the Government and KIADB and established Sewage Treatment Plant.

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5 KIADB

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HC-KAR

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Photographs depicting and evidencing the same vide Annexure-E series produced with the writ petition.

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When the matter stood thus, a complaint under Section 9(2) of Karnataka Land Grabbing Prohibition Act, 2011⁶ came to be instituted before the KLGP Spl.Ct, alleging that the Board has encroached an extent of 3 acres 25 guntas in Sy.No.63 of Medahalli Village for the purpose of Sewage Water Treatment Plant and sought for an action against the encroacher as per law and to take that land into the possession of the Government. The complaint came to be registered as L.G.C(G)No.469/2021.

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The KLGP Spl.Ct after taking cognizance on 19.07.2023 for the offence punishable under Section 4(3) of Act of 2011, against the petitioner, issued summons to the petitioner. The petitioner appeared before the Court and enlarged on bail on executing personal bond of

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6 Act of 2011

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HC-KAR

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Rs.50,000/- (Rupees Fifty Thousand only) and filed statement of objections to the complaint ( Annexure-G ).

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Though the land has been granted by the Government as well as KIADB, for the purpose of establishment of Sewage Treatment Plant, the proceedings were initiated at the instance of respondent No.2 and the Executive Engineer, BWSSB was made personally liable for the action in the entire proceedings initiated before the KLGP Spl Court. Aggrieved by the initiation of proceedings, the petitioner is before us in this writ petition.

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This Court after hearing both the sides and having considered the fact that the dispute is between the Department of Revenue, Government of Karnataka and the BWSSB in respect of the land in question, passed an order on 10.11.2025, which reads as under:

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"Notice on behalf of the respondents has been accepted by Mr.Sudev Hegde, learned Additional Government Advocate.

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It appears that there is a dispute between the Department of Revenue, Government of Karnataka and

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HC-KAR

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the Bengaluru Water Supply and Sewage Board (for short 'the BWSSB') in respect of the land in question.

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We directed the Principal Secretary, Department of Revenue, Government of Karnataka and the Chairman of BWSSB to sit together in order to find out the solution to the problem.

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Till the next date of posting of this writ petition, the pending proceedings in case No.LGC(G)No.469/2021 on the file of Karnataka Land Grabbing Special Court, Bengaluru (Annexure-M) shall remain stayed."

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This Court while passing the aforesaid order

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stayed further proceedings before the KLGP Spl.Court. In pursuance of the order dated 10.11.2025, Mr.G.S.Aruna, learned High Court Government Pleader on 24.11.2025 submits that Government may be granted two more weeks further time to conduct the meeting of the Principal Secretary, Department of Revenue, Government of Karnataka and Chairman, BWSSB as directed by the Court on earlier occasion and find out the solution to the problem. Considering the submission of learned HCGP, this Court passed order on 24.11.2025 which reads as under:

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"Mr.G.S.Aruna, learned HCGP submits that the Government may be granted two weeks further time to conduct the meeting of the Principal Secretary, Department of Revenue, Government of Karnataka and Chairman of Bangalore Water Supply and Sewage Board

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HC-KAR

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as directed by this Court to find out the solution to the problem.

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Considering the said request, we adjourn the case to two weeks. However, we make it clear that if the meeting does not take place, both Principal Secretary, Department of Revenue and the Chairman of BWSSB shall remain present on the next date of posting of this petition.

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List on 11.12.2025.

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Interim order granted earlier is extended till the next date of hearing."

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13. Thereafter, the matter was adjourned on

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several occasions and ultimately on 16.03.2026, this Court

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observed as under:

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"In compliance of the order dated 24.11.2025, a joint meeting of Principal Secretary to Government of Karnataka, Revenue Department with the Chairman, BWSSB, Bengaluru, Additional Deputy Commissioner, Bengaluru Urban District, Bengaluru, Additional Secretary to Government, Revenue Department (Land Grant) and the Tahsildar, Bengaluru East Taluk, K.R.Puram, Bengaluru, took place on 11.12.2025.

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In the said meeting BWSSB was required to submit the proposal to the government requesting formal grant of 1 acre 20 guntas of land (where STP is already been constructed but not yet sanctioned by the Revenue Department) and for withdrawal of the writ petition filed by the BWSSB before the High Court.

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In pursuance to the said resolution of the committee meeting, the BWSSB had addressed formal proposal to the Government requesting the formal grant of 1 acre and 20 guntas of land for constructing the STP, which has already been constructed. The Government has not

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HC-KAR

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yet taken a decision on the said proposal submitted by the BWSSB.

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We therefore, direct the Principal Secretary, Government of Karnataka, Department of Revenue, to take a decision on the proposal of BWSSB in respect formal grant of 1 acre 20 guntas of land, where STP has already been constructed within a period of two weeks from today. The State Government must place a copy of the decision before this Court on the next date of posting of this writ petition.

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Post this petition on 08.04.2026.

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Interim order granted earlier, if any, shall remain in operation till the next date of posting."

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On 08.04.2026, as this Court having found that

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there is no compliance of order dated 16.03.2026 directed the Principal Secretary, Government of Karnataka, Department of Revenue, to be present before the Court, if the decision in compliance of order dated 16.03.2026 is not taken before the next date of posting and ordered to list the matter on 21.04.2026. The matter was thereafter advanced on 08.04.2026. On the said date, learned High Court Government Pleader placed an order regarding the approval of land in favour of petitioner-BWSSB dated 08.04.2026, wherein the Government has granted its prior approval for allotment of land in favour of the petitionerBWSSB in Sy.No.63 to an extent of 1 acre 05 guntas.

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NC: 2026:KHC:21667-DB WP No. 20012 of 2025

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HC-KAR

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In view of the decision taken at the

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Government level for allotment of land in favour of the petitioner, the complaint before the KLGP Spl.Court does not survive for consideration and becomes infructuous and required to be obliterated.

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In that view of the matter, we proceed to pass the following:

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ORDER

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(i) Writ petition is allowed . (ii) The proceedings in LGC(G)No.469/2021 on the file of Karnataka Land Grabbing Prohibition Special Court, Bengaluru

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( Annexure-M ) are hereby quashed against the petitioner.

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Sd/(D K SINGH) JUDGE

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Sd/(T.M.NADAF) JUDGE

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List No.: 2 Sl No.: 5/ct-vn

Procedural history

How this case reached the court

AI extract

Order under challenge
Complaint under S.9(2) of the Karnataka Land Grabbing Prohibition Act, 2011 registered as L.G.C(G)No.469/2021; cognizance taken on 19.07.2023 under S.4(3) of the said Act against the petitioner and summons issued - the proceedings sought to be quashed (Annexure-M).¶9
Karnataka Land Grabbing Prohibition Special Court, Bengaluru · 19.07.2023
Prior proceeding
General public residing near Yalemalappa Chetti Tank, Sy.No.63, Medahalli Village complained to the Karnataka Lokayukta about encroachment of the tank and its buffer zone, dumping of construction waste and untreated sewage, requesting establishment of a Sewage Treatment Plant.¶5
Prior proceeding
On the Lokayukta's direction, the Government requested BWSSB to establish the STP; the Assistant Executive Engineer, Minor Irrigation Department transferred 2 acres 20 guntas in Sy.No.63 to the petitioner (Annexures-A and B), and KIADB allotted 3 acres 1 gunta in adjacent Sy.Nos.64/1-7 of Medahalli Village.¶6
Prior proceeding
BWSSB paid allotment charges to KIADB, took possession of the lands from the Government and KIADB, and established the Sewage Treatment Plant (photographs at Annexure-E series).¶7
Prior proceeding
Complaint instituted before the KLGP Special Court alleging the Board encroached 3 acres 25 guntas in Sy.No.63 of Medahalli Village for the Sewage Water Treatment Plant; registered as L.G.C(G)No.469/2021.¶8
Prior proceeding
Petitioner appeared before the KLGP Special Court, was enlarged on bail on executing a personal bond of Rs.50,000/-, and filed statement of objections to the complaint (Annexure-G).¶9
Prior proceeding
By order dated 10.11.2025, the Court noted the dispute between the Revenue Department and BWSSB, directed the Principal Secretary (Revenue) and Chairman, BWSSB to meet to find a solution, and stayed the proceedings in LGC(G)No.469/2021 till the next date of posting.¶11
Prior proceeding
In compliance of the order dated 24.11.2025, a joint meeting of the Principal Secretary (Revenue) with the Chairman, BWSSB and other officials took place on 11.12.2025; BWSSB was to seek formal grant of 1 acre 20 guntas (where the STP stands) and withdraw the writ petition, and it addressed such a proposal to the Government.¶13
Prior proceeding
By order dated 16.03.2026, the Court directed the Principal Secretary, Department of Revenue to take a decision on BWSSB's proposal for formal grant of 1 acre 20 guntas within two weeks.¶13
Prior proceeding
On 08.04.2026 the learned HCGP placed on record the Government order dated 08.04.2026 granting prior approval for allotment of land to petitioner-BWSSB in Sy.No.63 to an extent of 1 acre 05 guntas.¶14

Smt. Gangalakshmamma v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt. Gangalakshmamma v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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