M/S. Sobha Limited Vs the State of Karnataka

M/S. SOBHA LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED AT SOBHA SARJAPUR MARTHAHALLI OUTER RING ROAD ORR DEVERABEESANAHALLI BELLANDUR POST BENGALURU-560103 REPRESENTED BY ITS AUTHORISED SIGNATORY MR RAJESH MARATHE

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…PETITIONER

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(BY SRI. MADHUKAR DESHPANDE., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FORESTS ECOLOGY AND ENVIRONMENT M S BUILDING DR AMBEDKR VEEDHI BENGALURU-560 001

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RANGE FOREST OFFICER KAGGALIPURA RANGE KAGGALIPURA KANAKAPURA ROAD,

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2 -

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NC: 2026:KHC:23777-DB WP No. 7781 of 2021

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HC-KAR

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BENGALURU SOUTH TALUK BENGALURU-560 082

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SECRETARY

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SOBHA FOREST VIEW OWNERS ASSOCIATION SOBHA FOREST VIEW APARTMENT 100 FEET ROAD KANAKAPURA ROAD, BANASHANKARI 6TH STAGE BENGALURU-560 062

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…RESPONDENTS (BY SRI. G.S.ARUNA, HCGP FOR R1 AND R2; VIDE ORDER DATED:23.04.2021, NOTICE TO R3 STANDS DISPENSED WITH)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE COMPLIANT DATED 21/10/2019 (ANNEXURE-A) FILED BY RESPONDENT NOS.1 AND 2 BEFORE THE KARNATAKA LAND GRABBING PROHIBITION SPECIAL COURT, AT BENGALURU, 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 D K SINGH)

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The present writ petition under Article 227 of the Constitution of India has been filed impugning the order dated 02.02.2021 passed by the Karnataka Land Grabbing Prohibition Special Court, Bengaluru in LGC(G)No.544/2020 taking

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3 - NC: 2026:KHC:23777-DB WP No. 7781 of 2021

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HC-KAR

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cognizance of the offence punishable under Sections 4(3) of the Karnataka Land Grabbing Prohibition Act, 2011 against the petitioner, who is a builder real estate developer, as well as the entire proceedings of the said case pending before the Land Grabbing Court in LGC (G)No.544/2020.

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Mr. Madhukar Deshpande, learned counsel for the petitioner submits that the Forest Department earlier initiated proceedings against the petitioner under Section 24 (G) 24(GG), 24 (H), 73(D), 81 and 104 of the Karnataka Forest Act, 1963. However, the proceedings were subsequently dropped and the boundaries of the petitioner's land were fixed. It is submitted that the petitioner has not encroached upon any forest land thereafter. However, a complaint came to be filed alleging that the petitioner has encroached upon the forest land. The complaint in sum and substance is regarding encroaching of 17 guntas of land in Sy.No.5 of Uttarahalli Manavarthe Kaval, Uttarahalli Hobli, Bengaluru South Taluk.

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The Forest Officer himself has made allegations in the complaint against the petitioner regarding encroachment of 17 guntas of land in Sy.No.5. When the allegations have been

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4 - NC: 2026:KHC:23777-DB WP No. 7781 of 2021

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HC-KAR

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made by none other than the Forest Officer and on the basis of those allegations, cognizance of the offence has been taken and the allegations would disclose a prima facie case against the petitioner, we do not think that this Court can interfere in exercising power under Article 227 of the Constitution of India. Thus, we find no merit and accordingly, the writ petition stands

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dismissed . However, without costs.

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Sd/(D K SINGH) JUDGE

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Sd/(T.M.NADAF) JUDGE

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RKA

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List No.: 1 Sl No.: 8

M/S. Sobha Limited v. the State of Karnataka

Case brief

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M/S. Sobha Limited v. the State of Karnataka

Case brief

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