IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 48394 OF 2018 (KLGP)

BETWEEN:

1. SRI. B. D. MUKUNDA S/O. B. D. DEVAPPA, AGED ABOUT 66 YEARS, ATHUR VILLAGE AND POST, GONIKOPPAL, KODAGU-571 213.

…PETITIONER (BY SRI. MRINAL KUTTAPPA, ADVOCATE FOR SRI. ARNAV BAGALWADI., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA Digitally REP. BY ITS PRINCIPAL SECRETARY, signed by VASANTHA DEPARTMENT OF REVENUE, KUMARY B K VIDHANA SOUDHA, AMBEDKAR VEEDHI, Location: BENGALURU-560 001.

HIGH COURT OF KARNATAKA 2. THE TAHASILDAR VIRAJPET TALUK, VIRAJPET, KODAGU DISTRICT-571 218.

…RESPONDENTS (BY SRI. G.R.ARUNA, AGA FOR RESPONDENT)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE LAND GRABBING PROHIBITION ACT, 2011 IS UNCONSTITUTIONAL AND THEREFORE NOT ENFORCEABLE AND QUASH THE PROCEEDINGS IN CASE NO.LGC(G)

NO.490/2018, PENDING BEFORE KARNATAKA LAND GRABBING SPECIAL COURT, BANGALORE A COPY OF WHICH IS PRODUCED AT ANNEXURE-D HOLDING THAT IT IS TOTALLY WITHOUT AUTHORITY OF LAW, ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K

ORAL ORDER

(PER: HON'BLE MR. JUSTICE RAJESH RAI K)

The petitioner in this petition has assailed the proceedings initiated against him before the Karnataka Land Grabbing Prohibition Special Court at Bengaluru in LGC(G) No.490/2018.

2. The factual aspect of the matter is that the Tahsildar of Virajpet Taluk, Virajpet, Kodagu District has filed a complaint under Section 9(1) of the Karnataka Land Grabbing Prohibition Act, 2011 before the Karnataka Land Grabbing Prohibition Special Court (hereinafter referred to as 'the Special Court) alleging that the petitioner has encroached the pathway/public road in the property bearing Sy.No.22/3 of Athoor Village, Virajpet Taluk, Ponnampet, Kodagu District and sought for eviction of the petitioner from the said land. Thereafter, the Special Court, after obtaining the report from the Tahsildar took cognizance of the offence against the petitioner.

3. It is the contention of the learned counsel for the petitioner that at no point of time the petitioner has encroached upon the public road as alleged in the complaint.

4. Per contra, learned Additional Government Advocate appearing for the respondents submits that the title in respect of the said property was the subject matter of civil suit in O.S. No.133/2003 for declaration.

5. We have carefully perused the records placed before us so also the proceedings initiated by the Special Court.

6. On careful perusal, it is clearly established that the Special Court passed the order only after obtaining the report from the Tahsildar at Annexure-E and F which clearly discloses that the petitioner has encroached upon the public road in the property bearing Sy.No.22/3 of Athoor Village, Virajpet Taluk, Ponnampet, Kodagu District. Such being the position, the issue of title has to be decided after detailed trial before the Civil Court.

7. In that view of the matter, we find no error in the proceedings initiated against the petitioner. The petition lacks merit and accordingly, the same is dismissed. However, the petitioner is reserved liberty to urge all the contentions before the Special Court.

Sd/-

(D K SINGH)

JUDGE Sd/-

(RAJESH RAI K)

JUDGE RKA List No.: 1 Sl No.: 11