- 1 - NC: 2025:KHC:430-DB WP No. 9933 of 2024 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. 9933 OF 2024 (KLGP) BETWEEN: EMBASSY CLASSIC PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT HAVING OFFICE AT NO. 101/102, EMBASSY CHAMBERS, NO 5, VITTAL MALLAYA ROAD, BENGALURU - 560 001. REPRESENTED BY ITS MANAGING DIRECTOR, MR. JAI KISHEN VIRWANI NOTE: EMABASSY HEAVEN IS PROJECT NAME AS PER JDA DATED 20.03.2006 STATED AT PARA-4 OF THE WP …PETITIONER (BY SRI. AJESH KUMAR S.,ADVOCATE) AND: 1. THE REGISTRAR, THE SPECIAL COURT OF KARNATAKA LAND GRABBING PROHIBITION, BENGALURU KANDAYA BHAVAN, 3RD FLOOR, DISTRICT OFFICE ROAD, AMBEDKAR VEEDHI, NAGARATHPETE, BENGALURU – 560 009. REPRESENTED BY GOVERNMENT ADVOCATE 2. THE TAHSILDAR, BENGALURU NORTH TALUK, KANDAYA BHAVAN, K G ROAD, BENGALURU – 560 009. …RESPONDENTS (BY SRI.ADITYA VIKRAM BHAT., AGA) Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:430-DB WP No. 9933 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, DIRECTION OR QUASH THE PROCEEDINGS IN LGC (S) NO.855/2017 AGAINST THE PETITIONER TAKING COGNIZANCE VIDE ORDER DATED 05/11/2018 ALLEGED FOR THE OFFENCE UNDER SECTION 4(3) OF THE KARNATAKA LAND GRABBING PROHIBITION ACT, 2011 AS PER ANNEXURE-A AND ALL FURTHER PROCEEDINGS AND B) GRANT SUCH ORDERS AND FURTHER ORDERS. THIS WRIT 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 G BASAVARAJA ORAL ORDER (PER: HON'BLE MR JUSTICE KRISHNA S DIXIT) The challenge is to the order of the Special Court whereby cognizance for the offences punishable under Section 4(3) of the Karnataka Land Grabbing Prohibition Act, 2011 has been taken. 2. Learned counsel appearing for the Petitioner vehemently argues that though the Special Court has got - 3 - NC: 2025:KHC:430-DB WP No. 9933 of 2024 power to take suo moto cognizance, that cannot be done based upon the newspaper report. He further submits that to initiate criminal proceedings as to the encroachment of public property, the investigation/enquiry has to be preceded at the hands of Revenue Department. So arguing, he seeks invalidation of the order taking cognizance. 3. Learned AGA appearing for the official Respondents vehemently opposes the Writ Petition contending that the Petitioner can move Discharge Application under the provisions of Section 9 of the 2011 Act read with 227 of Cr.P.C., 1973, as has been held by this Court in a catena of cases. That being the alternate & equally efficacious remedy, he submits, Writ Court cannot interfere in matters like this. 4. Having heard the learned counsel for the parties and having perused the Petition papers, we are broadly in agreement with the submission made by the learned AGA - 4 - NC: 2025:KHC:430-DB WP No. 9933 of 2024 and therefore, decline indulgence. The apprehension of the learned counsel for the Petitioner that since cognizance is taken after hearing his client, the Special Court may not entertain application for Discharge may not be correct. At the stage of taking cognizance, at times, the Court hears the accused although it is not a legal imperative. Once cognizance is a pre-condition for moving the Application for Discharge, hardly needs to be stated. 4.1 No prejudice would be caused to the Petitioner since in similar matters we have granted exemption from personal appearance of the accused till after a call is taken by the Special Court on the Discharge Application to be moved which the Petitioner within two weeks, from this day. Petitioner need not have the apprehension that the consideration of his application for Discharge may be influenced by the impugned order whereby cognizance is taken. - 5 - NC: 2025:KHC:430-DB WP No. 9933 of 2024 In the above circumstances & with the above observations, this Petition is disposed off costs having been made easy. All contentions are kept open. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (G BASAVARAJA) JUDGE Bsv List No.: 1 Sl No.: 20