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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF MAY, 2021

PRESENT

THE HON’BLE MR.JUSTICE ARAVIND KUMAR

AND

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

W.P.No.15046/2020 (KLGP)

BETWEEN:

1.

MRS. G.CHITRA POORNIMA,

W/O OF LATE MR.GEORGE THANGIAH,

AGED ABOUT 52 YEARS,

RESIDING AT No.6, COMMISSARIAT ROAD,

BENGALURU – 560 025.

2.

MR. VIJAYA SHEKAR THANGIAH,

S/O LATE MR.GEORGE THANGIAH,

AGED 62 YEARS,

RESIDING AT No.6, COMMISSARIAT ROAD,

BENGALURU – 560 025.

3.

MRS. RACHEL CHITRA PRABHAKAR,

W/O MR. SATHI PRABHAKAR,

D/O LATE GEORGE THANGAIAH,

AGED 59 YEARS,

RESIDING AT No.6, COMMISSARIAT ROAD,

BENGALURU – 560 025.

… PETITIONERS

(BY SRI. K.G. RAGHAVAN, SENIOR COUNSEL FOR SRI.

GANAPATHI HEGDE, ADV.)

AND:

1.

STATE OF KARNATAKA,

REPRESENTED BY ITS CHIEF SECRETARY,

2

AMBEDKAR VEEDHI,

VIDHANA SOUDHA,

BENGALURU – 560 001.

2.

THE TAHSILDAR,

BENGALURU EAST TALUK,

K.R.PURAM,

BENGALURU – 560 010.

… RESPONDENTS

(BY SRI. G.V.SHASHI KUMAR, AGA)

THIS PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE

THAT THE KARNATAKA LAND GRABBING PROHIBITION ACT,

2011, VIDE ANNEXURE-D AS AMENDED BY THE KARNATAKA

LAND

GRABBING

PROHIBITION

(SPECIAL

COURT)

REGULATIONS, 2017 VIDE ANNEXURE-E ARE ILLEGAL,

ARBITRARY AND ULTRA VIRES THE CONSTITUTION OF INDIA

AND CONSEQUENTLY STRIKE DOWN THE KARNATAKA LANG

GRABBING PROHIBITION ACT, 2011 AS AMENDED BY THE

KARNATAKA LAND GRABBING PROHIBITION (AMENDMENT)

ORDINANCE, 2020 AND THE KARNATAKA LAND GRABBING

PROHIBITION (SPECIAL COURT)REGULATIONS 2017.

THIS PETITION COMING ON FOR ORDERS THIS DAY,

ARAVIND KUMAR, J., MADE THE FOLLOWING:

ORDER

1.

Though matter is listed for hearing on interlocutory

application, by consent of learned advocates appearing for

the parties, we have taken up this matter for final disposal.

2.

We have heard the arguments of Sri K.G.Raghavan,

learned Senior Counsel appearing on behalf of petitioners

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and

Sri

G.V.Shashi

Kumar,

learned

Additional

Government Advocate appearing for respondents 1 and 2.

Perused the records.

3.

Petitioners have sought for the following reliefs:

“(i)

Declare that the Karnataka Land Grabbing

Prohibition Act, 2011 (vide Annexure-D) as

amended by the Karnataka Land Grabbing

Prohibition (Amendment) Ordinance, 2020

(vide Annexure-F) and the Karnataka Land

Grabbing

Prohibition

(Special

Court)

Regulations, 2017 (vide Anenxure-E) are

illegal,

arbitrary

and

ultra

vires

the

Constitution of India and consequently

strike down the Karnataka Land Grabbing

Prohibition Act, 2011 as amended by the

Karnataka

Land

Grabbing

Prohibition

(Amendment) Ordinance, 2020 and the

Karnataka

Land

Grabbing

Prohibition

(Special Court) Regulations, 2017;

(ii)

Issue a writ of certiorari quashing the

impugned application dated 03.06.2020

(vide Annexure-A), the impugned order

dated 18.06.2020 (vide Annexure-C), the

impugned notice dated 19.06.2020 (vide

Annexure-B) and the proceedings in LGC

No342/2020 pending before the Special

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Court at Bengaluru (Court Hall No.2)

constituted under the Karnataka Land

Grabbing

Prohibition

Act,

2011

(vide

Annexure-C).”

4.

Sri K.G.Raghavan, learned Senior Counsel appearing

for petitioners would fairly submit that issues involved in

the present writ petition is squarely covered and answered

in W.P.No.47747/2017 and connected matters disposed of

by the Co-ordinate Bench on 19.01.2021, whereunder the

constitutional validity of the Karnataka Land Grabbing

Prohibition Act, 2011 was under challenge and the Co-

ordinate Bench of which AKJ was a party has declared the

said Act as constitutional, valid and legal subject to the

observations made thereunder.

5.

In the light of findings recorded in aforesaid writ

petition, Sri K.G.Raghavan, learned Senior Counse