QUASHING

THE

ENTIRE

PROCEEDINGS IN LGC(S) NO.2740 OF 2017 AS CONTRARY OF

LAW.

THIS PETITION COMING ON FOR ORDERS THIS DAY,

M.G.S.KAMAL J, MADE THE FOLLOWING:

ORDER

Present writ petition is filed seeking issue of writ

of certiorari or any other writ, direction or order

quashing the proceedings under Section 4(3) of the

Karnataka Land Grabbing Prohibition Act, 2011

(hereinafter to refer to as the 'Act') in LGC(S)

No.2740/2017 on the file of the Karnataka Land

Grabbing Prohibition Special Court, (hereinafter refer

to as the Special Court) Bangalore.

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Brief facts of the case leading upto filing

the present petition are that;

(a)

The petitioner No.1 is a limited liability

partnership firm and petitioner No.2 is its partner.

That the petitioner No.1 had purchased 15 acres 23

guntas of land in Sy.Nos.144, 145/1, 146/1, 147/1

and 147/2 of Koodlu village, Sarjapur Hobli, Anekal

Taluk (hereinafter referred to as the 'subject land')

Bangalore Urban District within the Administrative

jurisdiction of Bangalore Bruhath Mahangara Palike

(BBMP), and the khatha in respect of the same was

registered in the name of the petitioner No.1.

(b) Petitioner No.1 had obtained residential

development

plan

and

work

order

from

the

Commissioner, Bangalore Development Authority.

That the petitioner No.1 had obtained required

sanctions, approvals and NOC's from various statutory

authorities for developing the subject lands into a

residential apartment complex called as "SNN RAJ

ETTERENIA".

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(c)

The petitioner No.1 completed the project

and had executed deeds of sale on various dates

infavour of various prospective purchasers conveying

the residential apartments constructed on the subject

land and that the purchasers are in occupation of the

flats purchased as above. The BBMP issued occupancy

certificate dated 12.11.2019 and issued Special

Notification dated 06.01.2020 assigning separate sub-

Municipal numbers to each of the flats.

(d)

The petitioner No.1 has developed the land

which was conveyed in its favour by predecessor in

title. It is the case of the petitioner No.1, that it has

not encroached upon any land belonging either to the

Government or to the local authority attracting

provisions of the Act and the petitioner is not a "land

grabber".

(e)

When thing stood thus, acting upon the

inspection stated to have been carried out by the

Chairman of the Standing Committee of the BBMP and

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his team and also on the basis of newspaper reports,

the Special Court has registered a suo-moto case in

LGC (S) No.2740/2017 in respect of the subject lands

(f). The petitioners learnt about these aforesaid

proceedings upon receipts of summons issued under

Section 61 of Code Of Criminal Procedure, and

petitioner No.2 being the partner of petitioner No.1,

in response to the said summons appeared before the

Special Court and obtained bail on 28.10.2021.

(g). The Special Court had taken cognizance of

the offence under the Act, without there being any

prima facie material to show that the petitioner No.1

had encroached upon the lake or storm water drain

belonging to the Government.

(h). That initially, the case was registered

against "GS Institute" and "SNS Institute". That by

order dated 17.09.2019, Special Court had taken

cognizance only against SNS Institute, Bengaluru and

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had dropped the proceedings against the "GS

Institute".

That aggrieved by the order dated

17.09.2019 passed by the Special Court taking

cognizance for an offence punishable under Section

4(3) of the Act, against SNS Institute, the petitioners

are before this Court.

Sri. Sagar G. Nahar, learned counsel for

the petitioner re-iterating the grounds urged in the

writ petition submitted;

(a) that the Special Court has mechanically

taken cognizance of the offence of the land grabbing

against the petitioner No.1 without there being any

prima facie material in that regard.

(b)

that though suo-moto proceedings were

initiated against the SNS Institute and GS Institute,

summons were issued by order