- 1 - NC: 2025:KHC:425-DB WP No. 5593 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE G BASAVARAJA WRIT PETITION NO. 5593 OF 2020 (KLGP) BETWEEN: 1. MAHILA SEVA SAMAJA, K.R.ROAD, BASAVANAGUDI, BENGALURU - 560 004, REP BY ITS HON.GEN. SECRETARY. 2. SUSMITHA RAMASWAMY, HONBLE GENERAL SECRETARY, AGED ABOUT 54 YEARS, R/A K.R. ROAD, BASAVANAGUDI, BENGALURU - 560 004. …PETITIONERS (BY SRI SRIKANTH M.P., ADVOCATE) AND: 1. RAMAMOORTHY S/O HANUMANTHARAYAPPA, R/AT NO.02, 8TH CROSS ROAD, OBALAPPA EXTENSION, PAPAREDDY PALYA NAGARABAVI 2ND STAGE, BENGALURU - 560 072. 2. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BENGALURU. Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:425-DB WP No. 5593 of 2020 3. JOINT COMMISSIONER (SOUTH) BRUHATH BENGALURU MAHANAGARA PALIKE 2ND FLOOR, 9TH MAIN ROAD, 9TH CROSS, 2ND BLOCK, JAYANAGAR, BENGALURU. 4. ASSISTANT REVENUE OFFICER KEMPE GOWDA NAGAR SUB-DIVISION, FIRST FLOOR, BBMP BUILDING J.C.ROAD, BENGALURU 5. THE KARNATAKA TANK CONSERVATION AND DEVELOPMENT AUTHORITY, ROOM NO.208, 2ND FLOOR, VIKASA SOUDHA, BANGALORE - 560 001. 6. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, AMENDED V/O DTD.11.10.2022 REVENUE DEPARTMENT, M.S. BUILDING, BANGALORE - 560 001. …RESPONDENTS (BY SRI N.R.JAGADEESWARA, ADVOCATE FOR R2 TO R4; SMT. CHANDINI S., HCGP FOR R5 & R6; R1 - SERVED & UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE COMPLAINT, ORDER DATED 11.11.2019 TAKING COGNIZANCE AND ENTIRE PROCEEDINGS INITIATED INCLUDING THE SUMMONS ISSUED TO THE 2ND PETITIONER IN LGC(P) NO.1249/2019 VIDE ANNEXURES-A, B AND C AND ETC., THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:425-DB WP No. 5593 of 2020 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) Challenge in this petition filed under Articles 226 & 227 of the Constitution of India is to the order of the Special Court whereby cognizance of the offences punishable under Section 4 of the Karnataka Land Grabbing Prohibition Act, 2011, (hereinafter referred to as '2011 Act') is taken. 2. Learned counsel appearing for the petitioners vehemently argues that even on the basis of material on record of the complaint and more particularly the Report of the BBMP Officials, the land in question has been allotted to the petitioners by the then Government of Maharaja of Mysore in three bits; particulars of these are made available to the Special Court in the very Report itself; that having not been adverted to, the cognizance has been wrongly taken and therefore, the same is liable to be voided. He also adds that setting the criminal law in motion is not a child's play vide M/s.Pepsi Foods Ltd., vs. Special Judicial - 4 - NC: 2025:KHC:425-DB WP No. 5593 of 2020 Magistrate, AIR 1998 SC 128 seeking quashment of the proceedings; he also presses into service the Apex Court decision in State of Haryana & Others vs. Ch. Bhajan Lal & Others, AIR 1992 SC 604. 3. Learned panel counsel appearing for the BBMP submits that the BBMP has already filed a Report and that the said Report mentions about grants made by the Maharaja Government; however, all that would not come to the aid of petitioners, who have got alternate & efficacious remedy of invoking discharge provisions under Section 9 of the 2011 Act read with Section 227 of Cr.P.C., 1973; a writ court exercising a limited supervisory jurisdiction under Article 227 of the Constitution of India, Article 226 having been ornamentally employed in the petition, notwithstanding, cannot hold a mini trial. So contending, he seeks dismissal of the petition. 4. Having heard learned counsel for the parties and having perused petition papers, we are broadly in agreement with the submission made by the learned panel counsel for BBMP. More or less in similar fact matrix, we have done the same in SNN Properties LLP & Others vs. State of - 5 - NC: 2025:KHC:425-DB WP No. 5593 of 2020 Karnataka & Others (W.P.No.25727/2022 disposed off on 06.01.2025). 5. The above being said, liberty needs to be reserved to the petitioners to seek discharge at the hands of Special Court by making use of the material available on the record of complaint, which obviously would include Report of the BBMP; the same does not find advertence in the order taking cognizance; had it been adverted to, it would have been appreciably ideal. Be that as it may. 6. Learned counsel appearing for the petitioners is right in submitting that the launching of criminal proceedings is a serious matter vide M/s. Pepsi Foods Ltd(supra). However, the hardship can be mitigated if the petitioners are granted exemption from personal appearance till after their application in contemplation for discharge is heard and decided in accordance with law. Such an application shall be considered on it's intrinsic merits, if moved within two weeks from this day. In the above circumstances and with the above observations, this petition is disposed off keeping open all contentions of the parties. - 6 - NC: 2025:KHC:425-DB WP No. 5593 of 2020 Costs made easy. Registry to send a copy of this order to respondent No.1 by speed post immediately. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (G BASAVARAJA) JUDGE AV List No.: 1 Sl No.: 1