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2023 Supreme(Online)(Kar) 38046
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2023 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE UMESH M ADIGA WRIT PETITION NO. 41717 OF 2019 (KLGP)
BETWEEN:
1. MANJAPPA @ MANNAPPA S/O BASAPPA AGED ABOUT 53 YEARS OCC: AGRICULTURE Digitally LAVIGERE (VILLAGE)
signed by D KASABA (HOBLI)
K BHASKAR SAGARA (TALUK)
Location: SHIMOGA-577431 HIGH COURT OF
2. MANJUNATH KARNATAKA S/O NAGARAJAPPA AGED ABOUT 45 YEARS OCC: AGRICULTURE LAVIGERE (VILLAGE)
KASABA (HOBLI) SAGARA (TALUK)
SHIMOGA-577431
3. LOKAPPA S/O DYAVAPPA AGED ABOUT 55 YEARS OCC: AGRICULTURE BARUR (VILLAGE)
KASABA (HOBLI) SAGARA (TALUK)
SHIMOGA-577431
4. SUMANTH S/O LOKAPPA AGED ABOUT 25 YEARS OCC: AGRICULTURE BARUR (VILLAGE)
KASABA (HOBLI) SAGARA (TALUK)
SHIMOGA-577431
5. MANJAPPA S/O CHOWDAPPA AGED ABOUT 52 YEARS OCC: AGRICULTURE YELAGAHALE (VILLAGE)
KASABA (HOBLI) SAGARA (TALUK)
SHIMOGA-577431
6. GANAPATI S/O THIMAPPA AGED ABOUT 62 YEARS OCC: AGRICULTURE LAVIGERE (VILLAGE)
KASABA (HOBLI) SAGARA (TALUK)
SHIMOGA-577431
7. NINGAPPA S/O YELLAPPA AGED ABOUT 56 YEARS OCC: AGRICULTURE LAVIGERE (VILLAGE)
KASABA (HOBLI) SAGARA (TALUK)
SHIMOGA-577431
8. BADAGI GANAPATHI S/O DURGAPPA AGED ABOUT 57 YEARS OCC: AGRICULTURE LAVIGERE (VILLAGE)
KASABA (HOBLI) SAGARA (TALUK)
SHIMOGA-577431
9. SOMASHEKARA S/O HUCHAPPA AGED ABOUT 41 YEARS OCC: AGRICULTURE LAVIGERE (VILLAGE)
KASABA (HOBLI) SAGARA (TALUK)
SHIMOGA-577431
10. KALI DYVAPPA S/O SANGAPPA AGED ABOUT 66 YEARS OCC: AGRICULTURE YELEGAHALE (VILLAGE)
KASABA (HOBLI) SAGARA (TALUK)
SHIMOGA-577431
11. NAGENDRA S/O NINGAPPA AGED ABOUT 30 YEARS OCC: AGRICULTURE LAVIGERE (VILLAGE)
KASABA (HOBLI) SAGARA (TALUK)
SHIMOGA-577431
12. SURESHA S/O BILIYAPPA AGED ABOUT 38 YEARS OCC: AGRICULTURE LAVIGERE (VILLAGE)
KASABA (HOBLI) SAGARA (TALUK)
SHIMOGA-577431
13. NAGARAJ S/O BASAVANNAYAPPA AGED ABOUT 37 YEARS OCC: AGRICULTURE YELEGAHALE (VILLAGE)
KASABA (HOBLI) SAGARA (TALUK)
SHIMOGA-577431
14. RAMACHANDRA S/O NARAYANAPPA AGED ABOUT 68 YEARS OCC: AGRICULTURE ARABAHALLI (VILLAGE)
KARURU (HOBLI) SAGARA (TALUK)
SHIMOGA-577431
15. ANNAPPA S/O BILIYAPPA AGED ABOUT 41 YEARS OCC: AGRICULTURE LAVIGERE (VILLAGE)
KASABA (HOBLI) SAGARA (TALUK)
SHIMOGA-577431
16. KANNAPPA S/O CHOWDAPPA AGED ABOUT 42 YEARS OCC: AGRICULTURE YELEGAHALE (VILLAGE)
KASABA (HOBLI) SAGARA (TALUK)
SHIMOGA-577431
17. PARUSHARAMAPPA S/O KANNAPPA AGED ABOUT 39 YEARS OCC: AGRICULTURE YELEGAHALE (VILLAGE), KASABA (HOBLI) SAGARA (TALUK)
SHIMOGA-577431
18. ASHOKA S/O RAYAPPA AGED ABOUT 39 YEARS OCC: AGRICULTURE YELEGAHALE (VILLAGE)
KASABA (HOBLI) SAGARA (TALUK)
SHIMOGA-577431
19. HUCHAPPA S/O DYAVAPPA AGED ABOUT 48 YEARS OCC: AGRICULTURE YELEGAHALE (VILLAGE)
KASABA (HOBLI) SAGARA (TALUK)
SHIMOGA-577431
20. SURESH S/O BASAVANNAPPA AGED ABOUT 32 YEARS OCC: AGRICULTURE LAVIGERE (VILLAGE)
KASABA (HOBLI) SAGARA (TALUK)
SHIMOGA-577431
21. CHANDRASHEKAR S/O CHOWDAPPA AGED ABOUT 39 YEARS OCC: AGRICULTURE SHIRIVANTHE (VILLAGE)
TALAGUPPA (HOBLI)
SAGARA (TALUK)
SHIMOGA-577430
22. BASAVARAJU S/O CHOWDAPPA AGED ABOUT 42 YEARS OCC: AGRICULTURE LAVIGERE (VILLAGE)
KASABA (HOBLI) SAGARA (TALUK)
SHIMOGA-577431
23. TUKARAMAPPA S/O BASAPPA AGED ABOUT 42 YEARS OCC: AGRICULTURE LAVIGERE (VILLAGE)
KASABA (HOBLI) SAGARA (TALUK)
SHIMOGA-577431 …PETITIONERS (BY SRI NANDISH PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU-560001.
2. DEPUTY COMMISSIONER SHIMOGA, SHIMOGA DISTRICT - 577431.
3. TAHSILDAR SAGARA TALUK, SHIMOGA DISTRICT - 577431.
…RESPONDENTS (BY SRI N.KUMAR, AGA FOR R1 TO R3)
THIS WRIT PETITION FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO: A) ISSUE A WRIT OF APPROPRIATE NATURE TO DECLARE THAT THE PROVISIONS OF THE KARNATAKA LAND GRABBING PROHIBITION ACT, AS UNCONSTITUTIONAL AND ULTRA VIRES ARTICLE 14, ARTICLE 19 AND ARTICLE 21 AND 300A OF THE CONSTITUTION OF INDIA; B) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION QUASHING THE CRIMINAL PROCEEDINGS PENDING BEFORE THE LAND GRABBING SPECIAL COURT IN PROCEEDINGS LGC(G) NO.1492/2018, LGC(G) NO.1493/2018, LGC(G) NO.1494/2018, LGC(G) NO.1497/2018, LGC(G) NO.1498/2018, LGC(G) NO.1499/2018, LGC(G) NO.1500/2018, LGC(G) NO.1501/2018, LGC(G) NO.1508/2018, LGC(G) NO.1509/2018, LGC(G) NO.1511/2018, LGC(G) NO.1513/2018, LGC(G) NO.1514/2018, LGC(G) NO.1517/2018, LGC(G) NO.1518/2018, LGC(G) NO.1519/2018, LGC(G) NO.1521/2018, LGC(G) NO.1523/2018, LGC(G) NO.1524/2018, LGC(G) NO.1525/2018, LGC(G) NO.1527/2018, LGC(G) NO.1529/2018 AS THE PETITIONERS UNDER SECTION 9(1) OF THE KARNATAKA LAND GRABBING PROHIBITION ACT 2011, PRODUCED AND MARKED ANNEXURE-D TO D21.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This Writ Petition is filed by the petitioners seeking to declare that the provisions of Karnataka Land Grabbing Prohibition Act, 2011 as unconstitutional and ultra vires Articles 14, 19, 21 and 300A of the Constitution of India ; and also to quash the criminal proceedings pending before the Land Grabbing Special Court initiated against the petitioners under Section 9(1) of the Karnataka Land Grabbing Prohibition Act, 2011.
2. Heard the learned counsel for the petitioners as well as the learned counsel for the respondents.
3. The learned counsel for the petitioners has urged various grounds in support of the writ petition. Keeping in view of the grounds urged in the writ petition and also in view of the provisions under Section 482 of Cr.P.C, the first limb of which indicates that, saving of inherent powers of High Court; the second limb is nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code and the third limb is to prevent abuse of the process of any Court or otherwise to secure the ends of justice.
4. In this matter, the proceedings, which are initiated before the Special Court under the Special Enactment 2011, is dual in nature, which indicates arrival of conclusion by the Special Court. The said Act provides for adjudicating the civil rights of the parties without providing for the procedures to hold enquiry is unconstitutional being contrary to the provisions of Articles 14, 16 and 21 of the Constitution of India. Therefore, ends of justice to be agitated in those matters. However, the issues involved in the present Writ Petition have already been extensively addressed by the Co-ordinate Bench of this Court in Writ Petition No.47747 of 2017 decided on 19.01.2021. Therefore, the issue relating to the present Writ Petition has also been extensively addressed in the aforesaid writ petition, challenging the validity of the provisions of law.
5. It is relevant to refer the judgment reported in (2008)8 SCC 781 in the case of (Dr.Monica Kumar and another Vs. State of Uttar Pradesh and others) wherein the Hon'ble Supreme Court has held that the scope of exercise of the power under Section 482 of the Code and categories of the cases where High Court may exercise its power under it relating to cognizable offences to prevent the abuse of the process of court or otherwise to secure the ends of justice.
6. Therefore, keeping in view of the concept of Section 482 of Cr.P.C., and also in terms of the reasons assigned by the Co-ordinate Bench of this Court Writ Petition No.47747 of 2017 decided on 19.01.2021, this writ petition does not survive for consideration and therefore, this Court need not dwell into detail with regard to the issues involved in the present writ petition. Accordingly, this writ petition is dismissed as being devoid of merits.
JUDGE
