- 1 - NC: 2025:KHC:11265-DB WP No. 7610 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO. 7610 OF 2025 (KLGP) BETWEEN: M/S. THE SOCIETY OF BROTHERS OF HOLY CROSS SOCIETY REGISTERED UNDER THE PROVISIONS OF KARNATAKA SOCIETIES REGISTRATION ACT, 1960 AGED ABOUT 61 YEARS HAVING REGISTERED OFFICE AT NO.47 ST.MARKS ROAD, BANGALORE-560 001 REPRESENTED BY ITS CHIEF A/C OFFICER AND IN-CHARGE OF THE ADMINISTRATOR SHRI. ANAND RAJ …PETITIONER (BY SRI. G. BASAVARAJ, SENIOR COUNSEL A/W MS. VANDANA P.L, ADVOCATE) AND: 1. THE STATE OF KARNATAKA CHIEF SECRETARY VIDHANA SOUDHA, AMBEDKAR VEEDHI BANGALORE-560 001 2. THE RANGE FOREST OFFICER ANEKAL RANGE, HAVING OFFICE AT EWS COLONY, STAGE 2, BTM LAYOUT BENGALURU-560 076, KARNATAKA Digitally signed by SHAKAMBARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11265-DB WP No. 7610 of 2025 3. THE CHIEF CONSERVATOR OF FOREST, REPRESENTED BY ITS AUTHORIZED OFFICER HAVING OFFICE AT JARAKA BANDE KAVAL KAMMAGONDANAHALLI, JALAHALLI WEST BANGALORE-560 015 4. ASSISTANT CHIEF CONSERVATOR OF FOREST, REPRESENTED BY ITS AUTHORIZED OFFICER SOUTH SUB DIVISION OF BANGALORE BANGALORE URBAN DIVISION MADIWALA LAKE PREMISES MADIWALA, BANGALORE …RESPONDENTS (BY SRI. B. RAVINDRANATH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER QUASHING THE ORDER OF TAKING COGNIZANCE DATED 11.3.2020 PASSED BY THE KARNATAKA LAND GRABBING PROHIBITION SPECIAL COURT, BANGALORE IN LGC(G) 211/2020 FOR THE OFFENCES PUNISHABLE UNDER SECTION 4(3) OF KARNATAKA LAND GRABBING PROHIBITION ACT 2011 READ WITH SECTION 192 A OF KARNATAKA LAND REVENUE ACT (VIDE ANNEXURE A1) AS AGAINST THE PETITIONER HEREIN AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR - 3 - NC: 2025:KHC:11265-DB WP No. 7610 of 2025 ORAL ORDER (PER: HON'BLE MR JUSTICE KRISHNA S DIXIT) Sri.S.Basavaraj, learned Senior Advocate appearing for the petitioner submits that a Co-ordinate Bench of this Court in WP.17498/2023 (KLGP) between Sri. M. A. Mohammed Sanaulla & Others V/s. State of Karnataka & Another disposed off on 17.08.2023 has suggested that wherever there is a registered sale deed comprising land, preliminary issue as to its validity has to be examined by the Karnataka Land Grabbing Prohibition Special Court established under Karnataka Land Grabbing Prohibition Act, 2011, before proceeding with the main complaint. He also tells us that his client would be making an appropriate application in that regard. 2. Learned AGA, on request having accepted the notice for the respondents opposes the petition contending that to maintain petition of the kind at least application ought to have been made by now and therefore the petition is premature. - 4 - NC: 2025:KHC:11265-DB WP No. 7610 of 2025 3. Having heard the learned counsel appearing for the parties and having perused the petition papers, we are of the considered view that liberty should be reserved to the petitioner to make an appropriate application before the Special Court requesting it to decide the preliminary issue as to the validity of subject registered sale deeds are dated 25.07.1975 and till that application is heard & disposed off, personal presence of Officials of the first petitioner society shall not be insisted upon. Such application shall not be entertained unless made to the Special Court within two weeks. With the above observation, petition is disposed off keeping open all contention of parties, costs having been made easy. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE AM, List No.: 1 Sl No.: 13