IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE G BASAVARAJA WRIT PETITION NO. 25727 OF 2022 (KLGP)

BETWEEN:

1. SNN PROPERTIES LLP, NO. 4, ELEPHANT ROCK ROAD, 3^RD BLOCK, JAYANAGARA, BANGALORE - 560 011.

(A FIRM INCORPORATED UNDER LIMITED LIABILITY PARTNERSHIP ACT, 2008)

(REP. BY ITS DESIGNATED PARTNER, SRI. SHAH SANJAY) 2. SHAH SANJAY, S/O LATE SRI. SHAH SAJJAN RAJ, AGED ABOUT 51 YEARS, NO. 4, ELEPHANT ROCK ROAD, 3^RD BLOCK, JAYANAGARA, BANGALORE 560 011.

Digitally signed by SHARADA …PETITIONERS VANI B (BY SRI. GOUTHAM CHAND S F., ADVOCATE)

Location: HIGH COURT OF KARNATAKA AND:

1. STATE OF KARNATAKA, REP BY ITS SECRETARY, REVENUE DEPARTMENT, M.S BUILDING, BANGALORE 560 001.

2. ASSISTANT DIRECTOR OF LAND RECORDS, ANEKAL TALUK, BANGALORE URBAN DISTRICT.

3. THE COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE 560 002.

4. JOINT COMMISSIONER, BOMMANAHALLI ZONE, BEGUR MAIN ROAD, BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE 560 068.

…RESPONDENTS (BY SMT. CHANDINI S., HCGP FOR R1 & R2;

SRI. K S MALLIKARJUNA REDDY., ADVOCATE FOR R3 &

R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CR.P.C., PRAYING TO A. CALL FOR THE ENTIRE RECORDS LGC (S) NO. 2740 OF 2017 PENDING ON THE FILE OF THE HON’BLE SPECIAL COURT FOR LAND GRABBING, BENGALURU AND B. ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, DIRECTION OR ORDER QUASHING THE ORDER DATED 07.12.2022 PASSED IN LGC (S) NO. 2740/2017, AS CONTRARY TO LAW, AND CONSEQUENTLY ALLOW APPLICATION (ANNEXURE-A) FILED BY THE PETITIONER SEEKING DISMISSAL OF THE SUO-MOTO COMPLIANT AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE G BASAVARAJA

ORAL ORDER

(PER: HON'BLE MR JUSTICE KRISHNA S DIXIT)

1^st petitioner happens to be a Limited Liability Partnership Firm, established under the provisions of Limited Liability Partnership Act, 2008, and 2^nd petitioner is one of its partners, managing the affairs of business. They are knocking at the doors of Writ Court for assailing the order dated 7.12.2022 entered by the Karnataka Land Grabbing Prohibition Special Court, Bengaluru, whereby their application filed u/s.9(3) of the Karnataka Land Grabbing Prohibition Act, 2011 has been negatived and eventually, the matter would go to the trial.

2. Learned counsel appearing for the petitioners vehemently argues that setting the criminal law in motion is not a child’s play vide Apex Court decision in M/S PEPSI FOODS LIMITED vs. SPECIAL JUDICIAL MAGTISTRATE, (1998) 5 SCC 749 and therefore, only on the basis of a Newspaper Report, the cognizance of offence could not have been taken. He also draws attention of the court to several evidentiary material that would prima facie tend to show that the petitioners are accomplishing the project in question under the orders of Bangalore Development Authority, an entity established under the provisions of the Bangalore Development Authority Act, 1978. He also argues that, the Special Court has no power to take suo moto cognizance of the offences under the said Act.

3. Learned AGA appearing for the official respondents and the learned Panel Counsel appearing for the BBMP oppose the petition contending that the Special Court has got power to take suo moto cognizance of offence and therefore, cognizance now taken cannot be faltered; further, even on the basis of Newspaper Reports such cognizance can be taken, as has happened in this case; it is open to the petitioners to face the trial and come out untainted by demonstrating their innocence. 4. Having heard the learned counsel appearing for the parties and having perused the Petition Papers, we are inclined to grant a limited indulgence in the matter as under and for the following reasons:

(a) There is force in the submission of learned counse