Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:297-DB WP No. 2637 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE G BASAVARAJA WRIT PETITION NO. 2637 OF 2020 (KLGP) BETWEEN:
ANDREW PERIS S/O. LATE. C P PERIS, AGED ABOUT 47 YEARS, R/AT HIREGADDE VILLAGE AND CIRCLE, MEGUNDA HOBLI, KOPPA TALUK, CHIKMAGALURU DISTRICT-577126 …PETITIONER (BY SRI. SHARATH S.KULKARNI, ADV. FOR SRI. GOVINDARAJU L., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, REP. BY ITS CHIEF SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BANGALORE 560001.
2. THASILDAR KOPPA TALUK, CHIKMAGALURU DISTRICT-577126.
3.
LAND GRABBING PROHIBITION SPECIAL COURT, KANDHAYA BHAVAN, DISTRICT OFFICE ROAD, AMBEDKAR VEEDHI, SAMPANGI RAMA NAGAR, BANGALORE-560009.
Digitally signed by NANDINI D Location: High Court of Karnataka
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NC: 2025:KHC:297-DB WP No. 2637 of 2020
4.
H K SUBBAMA W/O. LATE. H B RAYAPPA GOWDA, AGED ABOUT 75 YEARS, R/AT SHIVABHADRA ESTATE, BETAGERE POST, MUDIGERE TALUK - 582102. …RESPONDENTS (BY SMT. CHANDINI S., HCGP FOR R1 & R2, R3 IS DELETED V/O DTD. 04/02/2020, R4 - SERVED & UNREPRESENTED.)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PROVISIONS OF THE KARNATAKA LAND GRABBING PROHIBITION ACT IN ITS ENTIRETY, AS UNCONSTITUTIONAL AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING - 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)
Learned counsel for the petitioner submits and the learned Advocates appearing for other side do not much dispute that the subject matter of this petition is substantially similar to the one in Writ Petition No.42245/2019 (KLGP) between BASAVARAJ & OTHERS v. STATE OF KARNATAKA & OTHERS disposed off by a Co-ordinate Bench of this Court vide order dated
04.04.2022.
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NC: 2025:KHC:297-DB WP No. 2637 of 2020
2. Another Co-ordinate Bench of this Court in W.A.Nos.932-933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY,
disposed off on 11.12.1974 has observed that, where a particular relief is granted to a litigant, similar relief cannot be denied to other similarly placed litigants, unless derogatory factors are demonstrated.
In view of the above, this petition is also disposed off in terms of Co-ordinate Bench Order dated 04.04.2022 passed in Writ Petition No.42245/2019, reserving same liberty to the petitioner herein too. All contentions are kept open.
Costs made easy.
Sd/- (KRISHNA S DIXIT) JUDGE
Sd/- (G BASAVARAJA) JUDGE LNN List No.: 1 Sl No.: 42