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2023 Supreme(Online)(Kar) 31325
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2023 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE UMESH M ADIGA WRIT PETITION NO. 38424 OF 2018 (KLGP)
BETWEEN:
MR. PADMANABHA S/O VENKATAPPA GOWDA AGED ABOUT 40 YEARS RESIDENT OF GARAGA VILLAGE HANAGERI POST , THIRTHAHALLI TALUK SHIVAMOGGA DISTRICT - 577 226.
Digitally signed …PETITIONER by D K BHASKAR (BY SRI. V D RAVIRAJ., ADVOCATE)
Location: HIG H COURT OF AND:
KARNATAKA
1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY REVENUE DEPARTMENT, M.S.BUILDING BENGALURU - 560 001.
2. THE RANGE FOREST OFFICER MANDAGADDE RANGE MANDAGADDE, THIRTHAHALLI TALUK SHIVAMOGGA DISTRICT - 577 220.
3. ASSISTANT RANGE FOREST OFFICER MANDAGADDE RANGE MANDAGADDE, THIRTHAHALLI TALUK SHIVAMOGGA DISTRICT - 577 220.
…RESPONDENTS (BY SRI. N. KUMAR – AGA FOR R-1 TO R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: A) DECLARE THAT THE PROVISIONS OF THE KARNATAKA LAND GRABBING PROHIBITION ACT, IS UNCONSTITUTIONAL AND ULTRA VIRES TO THE PROVISION OF SECTION 482 OF CR.P.C VIDE ANNX-A; B) QUASH THE CRIMINAL PROCEEDINGS PENDING BEFORE THE LAND GRABBING SPECIAL COURT IN PROCEEDINGS NO.L.G.C.(G) NO.880/2018 DATED 10.4.2018 PROVISION OF SECTION 482 OF CR.P.C. AS AGAINST THE PETITIONER FOR OFFENCE PUNISHABLE UNDER SECTION 4(3) OF THE KARNATAKA LAND GRABBING PROHIBITION ACT 2011 VIDE ANXN-B; C) QUASH THE ORDER OF SUMMONS DTD 11.06.2018 IN PROCEEDINGS NO.L.G.C.(G) NO.880/2018 PASSED BY THE LAND GRABBING SPECIAL COURT VIDE ANNEXURE-C.
THIS WRIT PETITION, COMING ON FOR HEARING, THIS DAY, K. SOMASHEKAR .J., MADE THE FOLLOWING:
ORDER
Learned counsel Sri V.D.Raviraj for petitioner is on record.
2. Learned AGA Sri N.Kumar for respondent Nos.1 to
3 is present before the Court physically.
3. In this writ petition the petitioner is seeking writ in the nature of certiorari to quash the proceedings pending before the Land Grabbing Special Court in LGC(G) No.880/2018 dated 10.04.2018 for the offence punishable under Section 4(3) of the Karnataka Land Grabbing Prohibition Act, 2011 as per Annexure-B and so also, to quash the order of summons dated 11.6.2018 in LGC(G) No.880/2018 as per Annexure-C. Further, to declare the provisions of the Karnataka Land Grabbing Prohibition Act as unconstitutional and ultra vires to the provision of Section 482 of Cr.P.C. as per Annexure-A. It is also urged in the grounds that the provisions of Karnataka Land Grabbing Prohibition Act, 2011 is unreasonable, discriminatory and violative of Articles 14, 20, 21 and 300-
A of Constitution of India.
4. Learned AGA in this matter submits that the grounds urged and the issues involved in the writ petition has been decided and considered by a co-ordinate Bench of this Court in W.P.No.47747/2017 dated 19.01.2021 and this writ petition does not survive for consideration as the same has become infructuous.
5. Keeping in view the submission made by learned AGA and so also, in terms of the order passed by co- ordinate Bench of this Court in the aforesaid writ petition, this petition does not have any substance and being devoid of merits, the same is dismissed as having become infructuous.
JUDGE
