- 1 - NC: 2025:KHC:18390-DB WP No. 14985 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY, 2025 PRESENT THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MR JUSTICE VENKATESH NAIK T WRIT PETITION NO. 14985 OF 2025 (KLGP) BETWEEN: 1. SMT BOMMAKKA, W/O KEMPAIAH, AGED ABOUT 50 YEARS, R/AT NO.29, SHIVAPURA COLONY, NEAR ANGANAVADI, PEENYA SMALL INDUSTRIES, BENGALURU NORTH, BENGALURU - 560 058. …PETITIONER (BY SRI. M.DEEPAK.,ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, DEPARTMENT OF REVENUE, 5TH FLOOR, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE EXECUTIVE ENGINEER, (DESIGNATED OFFICER), DASARAHALLI ZONE, HESARAGHATTA MAIN ROAD, BBMP, BENGALURU - 560 073. 3. THE TAHSILDAR, BENGALURU NORTH TALUK, BENGALURU - 560 001. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - NC: 2025:KHC:18390-DB WP No. 14985 of 2025 4. ASSISTANT DIRECTOR OF LAND RECORDS, BENGALURU NORTH TALUK, BENGALURU - 560 001. …RESPONDENTS (BY SRI.SETHU V., HCGP FOR R1) THE WRIT PETITION IS FILED PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER QUASHING THE "ANNEXURE-A", i.e., IMPUGNED PROCEEDINGS INITIATED BY RESPONDENT No.2 IN LGC (G). No.1464/2024 APPLICATION UNDER SUB SECTION (1) OF SECTION 9 OF THE KARNATAKA LAND GRABBING PROHIBITION ACT, 2011, PENDING BEFORE THE HON'BLE KARNATAKA LAND GRABBING PROHIBITION SPECIAL COURT, BENGALURU AND OTHERS. THIS PETITION, COMING ON FOR ORDER THROUGH VIDEO CONFERNCING / PHYSICAL HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ and HON'BLE MR JUSTICE VENKATESH NAIK T ORAL ORDER (PER: HON'BLE MR JUSTICE MOHAMMAD NAWAZ) Heard both the sides and perused the materials on record. 2. The proceedings initiated by respondent No.2 in LGC (G) No.1464/2024 under Sub Section (1) of Section 9 of the Karnataka Land Grabbing Prohibition Act, 2011 is sought to be quashed in this petition. - 3 - NC: 2025:KHC:18390-DB WP No. 14985 of 2025 3. It is the contention of the learned counsel that the petitioner and his family are in peaceful possession and enjoyment of the property in question and house was constructed on the said property under Ashraya scheme and his possession is supported by documentary evidence. 4. He further contended that the Tahsildar, North Taluk, Bengaluru had passed an order dated 26.06.1993 in LND CR 66/1993-94, cancelling the grant of house sites in Sy.No.62 and aggrieved by the said order, the residents of Shivapura Colony filed a writ petition before this Court in WP No.41904/1993 and said order was quashed by this Court. 5. Further, the Forest Officer of Rajajinagar Range, Bengaluru initiated multiple criminal proceedings against several residents of Shivapura Colony alleging unlawful encroachment upon portion of the land bearing Sy.No.62 of Nallakadirenahalli Village and a charge sheet was filed for offences punishable under Section 73(d) and Section 64(a) read with Section 104 of Karnataka Forest Act, 1963 - 4 - NC: 2025:KHC:18390-DB WP No. 14985 of 2025 and consequently, the Trial Court acquitted all the accused named in the charge sheet. 6. He therefore, contended that the present proceedings initiated under the provisions of Karnataka Land Grabbing Prohibition Act, 2011 is unsustainable and continuation of the same would be prejudicial to the fundamental rights of the petitioner. 7. The proceedings initiated before the Karnataka Land Grabbing Prohibition Special Court under Section 9(1) of the Karnataka Land Grabbing Prohibition Act, 2011 is by the Executive Engineer, Lakes Division, Dasarahalli Zone, Bengaluru alleging encroachment of lake bed. Notice has been issued to the petitioner herein. The proceedings cannot be quashed on the grounds urged by the learned counsel for the petitioner. It is always open for the petitioner to bring to the notice of the Special Court all the previous proceedings and contest the matter raising all grounds. Hence, keeping open all the contentions to be - 5 - NC: 2025:KHC:18390-DB WP No. 14985 of 2025 urged before the Special Court, the petition is disposed of. 8. Pending I.A. is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KAV List No.: 1 Sl No.: 28