- 1 - NC: 2025:KHC:2044 WP No. 18718 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 18718 OF 2019 (GM-CPC) BETWEEN: 1. SMT. DEVAMMA, W/O. HUCHEGOWDA, AGED ABOUT 64 YEARS, 2. HUCHEGOWDA, S/O. LATE HUCHEGOWDA, AGED ABOUT 64 YEARS, BOTH ARE RESIDING AT DODDABALA VILLAGE, BENDIGANAVELE HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT - 571 432. …PETITIONERS (BY SRI. HARSHA KUMAR GOWDA H.R., ADVOCATE) AND: 1. CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, DR. AMBEDKAR VEEDI, BENGALURU - 560 001. 2. DEPUTY COMMISSIONER, MANDYA DISTRICT, MANDYA - 571 401. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2044 WP No. 18718 of 2019 3. THASILDAR, MINI VIDHANA SOUDHA, NAGAMANGALA - 571 432. 4. EXECUTIVE ENGINEER, SMALL WATER IRRIGATION, SUB DIVISION, MANDYA - 571 401. 5. PANCHAYATH DEVELOPMENT OFFICER, GRAMAPANCHAYATH, DODDABALA GRAMA, BENDIGANAVELE HOBLI, NAGAMANGALA TALUK - 571 432. …RESPONDENTS (BY SRI. NEELAKANTAPPA K. PUJAR, HCGP) THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 31.7.2018 PASSED BY LEARNED CIVIL JUDGE AND JMFC, NAGAMANGALA, MADYA IN O.S.NO.199/2015 AT ANNEXURE-Q AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order 31.07.2018 passed by the Civil Judge and JMFC, Nagamangala, Mandya, whereby the Court had transferred the suit i.e., O.S.No.199/2015 filed by the petitioners to the Special Court i.e., Karnataka Land Grabbing Prohibition, Special Court, Bengaluru (CH-2). - 3 - NC: 2025:KHC:2044 WP No. 18718 of 2019 2. Learned counsel appearing for the petitioners submits that the Court just like that basing on the order passed by the Principal District and Sessions Judge, Mandya cannot transfer the case to the Special Court. When the Court comes to the conclusion that it has to be tried by the Special Court, and the Court has to give its reasons and then should pass an order by giving an opportunity to the parties also to put forth their objections, and without doing any such exercise, without giving any reasons, the Court had transferred the matter to the Special Court at Bangalore, which cannot be sustained. He relied on the judgement of the Division Bench of this Court in W.P.No.51187/2019 dated 26.11.2019, wherein the Division Bench of this Court has observed that any Court or Authority intending to transfer any proceeding to the Special Court has to satisfy itself and pass an order. In the absence thereof, there cannot be an administrative order of transfer of a case, and the Court has observed that it has to be a judicial order passed after necessary application of mind and law for transferring the matter and basing on a decision taking in law. 3. Learned High Court Government Pleader appearing for the respondents submits that he needs to file his statement - 4 - NC: 2025:KHC:2044 WP No. 18718 of 2019 of objections. However, he does not deny the fact that for transferring a matter to the Special Court, a judicial order is required to be passed. 4. Having heard the learned counsel on either side, perused the material on record. The order impugned shows that, basing on administrative order passed by the Principal District and Sessions Judge, Mandya, the matter is transferred to the Special Court at Bangalore. As rightly pointed out by the learned counsel for the petitioners and as per the judgment of the Division Bench of this Court, when a Court is transferring the matter to the Special Court, it should record the reasons, and there should be application of mind and the same cannot be done basing on the administrative instructions and needs to be a reasoned order. In that view of the matter, this Court is passing the following: ORDER 1. The order dated 31.07.2018 passed by the Civil Judge and JMFC, Nagamangala, Mandya in O.S.No.199/2015 is set-aside and the matter is remanded back to the Court to pass a reasoned - 5 - NC: 2025:KHC:2044 WP No. 18718 of 2019 order, in case this matter needs to be transferred to the Special Court. 2. Accordingly, the Writ Petition is allowed. 3. All IAs., in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA CT: BHK