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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^th DAY OF JULY, 2021

PRESENT

THE HON’BLE MR.JUSTICE ARAVIND KUMAR

AND

THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA

W.P.No.7394/2021(KLGP)

BETWEEN:

SRI. K. SRINIVASAN,

S/O THIMMARAYA,

AGED ABOUT 60 YEARS,

R/AT No.206/2A,

SANTHOSH NIVASA, 2^ND FLOOR,

ANJANEYA TEMPLE ROAD,

13^TH A-CROSS, C.V.RAMAN NAGAR,

BENGALURU - 560 093.

… PETITIONER

(BY SRI. M. SUBRAMANI, ADV. (ABSENT))

AND:

1.

SMT. VAGDEVI,

W/O NAGARAJU,

D/O YASHODAMMA,

AGED ABOUT YEARS,

R/AT No.18, 3^RD MAIN,

DOMALUR LAYOUT,

BENGALURU - 560 071.

2.

SMT. K. SHARADHA,

W/O C.RAMAKRISHNAIAH,

AGED ABOUT YEARS,

2

3.

SRI. K. RAVI,

S/O LATE KALAPPA,

AGED ABOUT YEARS,

4.

SMT. K. MANJULA,

W/O MUNIBACHAPPA,

AGED ABOUT YEARS,

RESPONDENTS 2 TO 4 ARE

R/AT No.263, 2^ND CROSS,

NEW POLICE STATION ROAD,

K.R.PURAM,

BENGALURU - 560 036.

5.

SMT. MUNIRATHNAMMA,

W/O LATE MUNIRAJU,

AGED ABOUT 55 YEARS,

R/AT C.V. RAMAN NAGAR,

NAGAVARA PALYA,

BENGALURU - 560 093

… RESPONDENTS

THIS PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE

WRIT OF CERTIORARI, QUASH THE ORDER PASSED BY THE

SPECIAL COURT CONSTITUTED UNDER THE KARNATAKA

LAND GRABBING PROHIBITION ACT 2011, IN CASE No.

LGC(G)

No.1642/2018,

DATED

11/01/2021

VIDE

ANNEXURE-E, ETC.

THIS

PETITION

COMING

ON

FOR

PRELIMINARY

HEARING THIS DAY, ARAVIND KUMAR, J., MADE THE

FOLLOWING:

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ORDER

Petitioner is the complainant before the Special Court

for Land Grabbing in LGC(P) No.1642/2018 which

proceedings had been initiated by him alleging that

respondents have encroached public property and have

put up illegal and unauthorized construction. The Special

Court, by order dated 07.11.2008 took cognizance and

issued summons to the respondents and thereafter, the

respondents have appeared and have been enlarged on

bail. By order dated 11.01.2021, the Special Court has

passed an order to hear regarding maintainability of the

proceedings pending before said court. Hence, challenging

the said order, petitioner has presented this petition.

2.

This

Court

in

WP

No.47747/2017

and

connected matters disposed of by order dated 19.01.2021

had directed the Special Court to consider the prayers of

respondents/ accused made before the said Court to hear

on maintainability of the complaints if made. The case

papers which are placed on record does not disclose that

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Special Court has passed any orders on maintainability,

though it was heard and posted the matter for orders on

31.03.2021.

3.

In that view of the matter, reserving liberty to

petitioner to challenge the same in the event of any

adverse order to his claim being passed by the Karnataka

Land Grabbing Prohibition Special Court, Bengaluru, this

petition is disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

GH