MRS. SHAREEFA HAMEED vs TAHSILDAR - 2023 Supreme(Online)(Kar) 34362

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2023 Supreme(Online)(Kar) 34362

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MARCH, 2023 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE UMESH M ADIGA WRIT PETITION NO. 1713 OF 2022 (KLGP)
BETWEEN:
MRS. SHAREEFA HAMEED W/O MR. P M HAMEED AGED 63 YEARS R/AT NO.244, FMC ROAD NAPOKLU MADIKERI KODAGU - 571 214.
Digitally …PETITIONER signed by D (BY SRI. HANEEF M H.,ADVOCATE)
K BHASKAR Location:
AND:
High Court TAHSILDAR of Karnataka OFFICE OF THE TAHSILDAR MADIKERI TALUK MADIKERI, KODAGU - 571 201 …RESPONDENT (BY SRI. GOPALAKRISHNA SOODI - HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CRL.P. C., PRAYING TO: QUASH THE ORDER OF THE COGNIZANCE TAKEN BY THE SPECIAL JUDGE, THE KARNATAKA LAND GRABBING PROHIBITION, K.G. ROAD, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 4(3) OF THE KARNATAKA LAND GRABBING PROHIBITION ACT, 2011 AGAINST THIS PETITIONER IN L.G.C (G) NO.242/2018 (ANNEXURE-A); QUASH THE SUMMONS DATED 08/10/2021 ISSUED BY THE SPECIAL JUDGE, THE KARNATAKA LAND GRABBING PROHIBITION, K.G. ROAD, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 4(3) OF THE KARNATAKA LAND GRABBING PROHIBITION ACT, 2011 AGAINST THIS PETITIONER IN L.G.C (G) NO.242/2018 (ANNEXURE-B).
THIS WRIT PETITION, COMING ON FOR HEARING, THIS DAY, K. SOMASHEKAR .J., MADE THE FOLLOWING:

ORDER

Heard learned counsel Sri Haneef M.H. for the petitioner and learned HCGP for the respondent.

2. In this writ petition the petitioner is seeking intervention relating to the initiation of the proceedings in LGC (G) No.242/2018 before the Special Judge, Karnataka Land Grabbing Prohibition, Bengaluru. Subsequent to initiation of proceedings, cognizance has been taken by the Special Judge in the aforesaid proceedings. This submission is made by counsel for the petitioner in support of the grounds urged in this writ petition.

3. Whereas counsel for the petitioner has facilitated copy of the Karnataka Land Grabbing Prohibition (Amendment) Act, 2022 (Karnataka Act No.30 of 2022)

wherein Amendment of Section 2 reads as under:

In Section 2 of the Karnataka Land Grabbing Prohibition Act, 2011 (Karnataka Act 398 of 2014), in clause(d), for sub-clause(i), the following shall be substituted, namely:

“(i) Land falling in all urban areas of the State and also land falling within 18 kms from the Bruhat Bengaluru Mahanagara Palike limits, land falling within 10 kms from the city limits notified under the provisions of the Karnataka Municipal Corporations Act, 1976, land falling within 5 kms from the City Municipal Council limits, land falling within 3 kms from the Town Municipal Council limits and Town Panchayat limits belonging to the Government, wakf or the Hindu Religious Institutions and Charitable Endowments, a local authority, a statutory or non- statutory body owned, controlled or managed by the Government.

Provided that, excluding the land specified above in all other areas the cases pending related to land grabbing shall stand abated forthwith.”

5. Keeping in view the contention taken by counsel for the petitioner and so also, the amendment of Section 2 of the Karnataka Land grabbing Prohibition Act, 2011 is concerned, it is said that this writ petition do not have any substance and the grounds urged herein does not arise for consideration. Consequently, this writ petition is disposed of.

However, the petitioner is directed to approach the Special Judge, Karnataka Land Grabbing Prohibition, Bengaluru in LGC (G) No.242/2018 keeping in view the amendment made to Section 2 clause (d) sub-clause (i) of the Karnataka Land Grabbing Prohibition Act, 2011.

JUDGE

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