- 1 - NC: 2025:KHC:14303-DB WP No. 20944 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE G BASAVARAJA WRIT PETITION NO. 20944 OF 2019 (KLGP) BETWEEN: SREE GANAPATHI VIDYA SAMSTHE (R) TUMKUR KUNIGAL ROAD, HEBBUR- 572 120. TUMAKUR TALUK AND DISTRICT, REPRESENTED BY ITS SECRETARY, SHRI. T.R.H.PRAKSH, SON OF T.H.RAMAKRISHNAIAH, AGED ABOUT 55 YEARS. …PETITIONER (BY SRI. ARUN B.M., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF REVENUE, REPRESENTED BY ITS SECRETARY, AMBEDKAR VEEDHI, BANGALORE - 560 001. 2. CHIEF SECRETARY GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE - 560 001. 3. DEPUTY COMMISSIONER TUMKUR DISTRICT, TUMKUR Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14303-DB WP No. 20944 of 2019 S. I. T. EXTENSION , TUMKUR - 572 101. 4. ASSISTANT COMMISSIONER, TUMKUR SUB DIVISION, TUMKUR-572 101. 5. THE TAHSILDAR, TUMKUR TALUK, TUMKUR - 572 101. 6. SHRI. RANGARAMAIAH, SON OF GANGANNA, AGED ABOUT 74 YEARS, MEMBER OF BALLAGERE GRAMA PANCHAYATHI, RESIDING AT KAMBALAPURA, HEBBUR HOBLI-572 120. TUMKUR TALUK AND DISTRICT. 7. SHRI. BALAKRISHNA, SON OF SHRI CHIKANA, AGED ABOUT 44 YEARS, VICE PRESIDENT, KANAKUPPE GRAMA PANCHAYATHI, RESIDENT OF RAMENAHALLI, HEBBUR HOBLI - 572 120. TUMKUR TALUK AND DISTRICT. 8. SHRI. MARIYANNA SON OF LATE RANGAIAH, AGED ABOUT 69 YEARS, EX VICE PRESIDENT, BALLAGERE GRAMA PANCHAYATHI, RESIDENT OF MAYAMANAPALYA, HEBBUR HOBLI - 572 120. TUMKUR TALUK AND DISTRICT. 9. SHRI. SHAMANNA, SON OF SHRI. SHESHAPPA, AGED ABOUT 65 YEARS, KARNATAKA PRESS TRUST, - 3 - NC: 2025:KHC:14303-DB WP No. 20944 of 2019 RESIDENT OF ASHOK NAGARA, TUMKUR-572 101. …RESPONDENTS (BY SRI. ADITYA VIKRAM BHAT, AGA FOR R1 - R5; SRI. S.B.MUKKANNA & G.S. NAVEEN KUMAR ADVOCATES FOR R9; R6 & R7 ARE SERVED & UNREPRESENTED; VIDE ORDER DATED 07.01.2025, NOTICE TO R8 IS DISPENSED WITH) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DECLARE THE KARNATAKA LAND GRABBING PROHIBITION ACT 2011 (KARNATAKA ACT 38 OF 2014), VIDE ANNX-A, AS ULTRA VIRES THE CONSTITUTION OF INDIA BEING VIOLATIVE OF ARTICLES 14, 20, 21 AND 300-A AND/OR IN THE ALTERNATIVE AND ETC. THIS PETITION, COMING ON FOR FURTHER HEARING, 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) The subject matter of this petition is substantially similar to the one decided in WP No.51187/2019(KLGP) between SMT.SUNITHA vs. THE STATE OF KARNATAKA heard and - 4 - NC: 2025:KHC:14303-DB WP No. 20944 of 2019 disposed off on 26.11.2019. In the said decision, the Co-ordinate Bench has made the transfer of pending suits to the Special Court constituted under Karnataka Land Grabbing Prohibition Act, 2011 on normative basis. Structuring the judgment that way, relief is granted to the litigant therein. 2. Learned counsel appearing for the petitioner is right in telling us that like cases should be decided alike and if relief is granted to a person, the same cannot be denied to other similarly circumstanced litigant, subject to all just exceptions into which argued case of the respondent does not fit. That apart, learned counsel appearing for the petitioner is also right in telling us that Section 2(1) of 2011 Act has been amended prescribing the limits from the periphery of the city limits, the land in question being situate beyond 10 kms of the periphery of the Tumkur City Corporation. We have been told that the Special Court has closed similar proceedings on the ground that it does not have jurisdiction since property was situate 10 kms beyond City Corporation limits. In the above circumstances, this petition is allowed; a Writ of Certiorari issues quashing the impugned proceedings - 5 - NC: 2025:KHC:14303-DB WP No. 20944 of 2019 pending before the Special Court; petitioner's suit in O.S.No.477/2011 is reverted to Court of learned II Addl. Civil Judge (Junior Division), Tumkur, all contentions of the parties having been kept open in the said suit. Parties through their counsel are put to notice to appear before the jurisdictional Civil Court on 10.06.2025 at 11 am holding a copy of this judgment and seek appropriate orders at its hands. Costs made easy. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (G BASAVARAJA) JUDGE DS CT:TSM List No.: 1 Sl No.: 2