- 1 - NC: 2025:KHC:11525 WP No. 41634 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 41634 OF 2019 (GM-CPC) BETWEEN: SRI. S. A. SURESH S/O LATE ANNAIAH HEGDE, AGED ABOUT 50 YEARS, R/AT SRINAGAR, HEGDE RESIDENCY SRINGERI POST - 577 139 CHICKMAGALUR DISTRICT. …PETITIONER (BY SRI. JAGADEESH D.C., ADVOCATE) AND: 1. THE TAHASILDAR SRINGERI TALUK SRINGERI - 577 139 CHICKMAGALUR DISTRICT. 2. THE REVENUE INSPECTOR SRINGERI TALUK SRINGERI - 577 139 CHICKMAGALUR DISTRICT. 3. THE DEPUTY COMMISSIONER CHICKMAGALUR DISTRICT, CHICKMAGALUR - 577 101. …RESPONDENTS (BY SRI. R.A. MACHA KANNUR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS PERTAINING TO THE CASE ON HAND FROM THE FILE OF LEARNED CIVIL JUDGE AND JMFC AT SRINGERI Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11525 WP No. 41634 of 2019 PERTAINING TO THE CASE ON HAND AND PERUSE THE SAME. QUASH THE IMPUGNED ORDER DATED 19.08.2019 PASSED ON MEMO IN O.S.NO.13/2019 BY LEARNED CIVIL JUDGE AND JMFC AT SRINGERI VIDE ANENXURE-D AS THE SAME IS ILLEGAL AND UNSUSTAINABLE IN LAW AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner, who is a plaintiff in O.S.No.13/2019 pending on the file of Civil Judge and JMFC, Sringeri, is before this Court being aggrieved by the order dated 19.08.2019 by which the above suit is ordered to be transferred to the Special Court constituted under the Karnataka Land Grabbing Prevention Act, 2011 in terms of Section 20 of the said Act. 2. Plaintiff filed the above suit for the relief of permanent injunction against the respondent authorities alleging illegal interference into his property. Respondents filed memo seeking transfer of the said case to the Special Court on the premise that plaintiff had encroached upon 0.03/4 guntas of Government Halla and constructed basement thereon and said land belongs to the Government. The trial Court by the impugned order taking note of the averments made in the - 3 - NC: 2025:KHC:11525 WP No. 41634 of 2019 memo and the documents produced by the plaintiff has come to the conclusion that the land measuring 0.03/4 guntas is indeed Government land and therefore falls under the provisions of the Karnataka Land Grabbing Prevention Act, 2011 and the matter is required to be adjudicated by the Special Court. Accordingly passed the impugned order. 3. Learned counsel for the petitioner submits that there has been an amendment to the said Act brought in by Amendment Act, 2022 effective from 12.10.2022 in terms of which in respect of certain lands falling outside the limits provided under clause (d) of sub-clause (i) of Section 2 of the Karnataka Land Grabbing Prevention Act, 2011, the proceedings have been held to have abated. Thus, he submits present subject property is situated outside the limits prescribed under the said amendment Act. Therefore the matter cannot be transferred to the Special Court. 4. Heard and perused the records. 5. The amendment pointed out above reads as under: "(d) "Land" includes - - 4 - NC: 2025:KHC:11525 WP No. 41634 of 2019 (i) Land falling in all urban areas of the State and also land falling within 18 kms from the Bruhat Bengaluru Mahanagara Palike Limits, land falling within 10 kms from the city limits notified under the provisions of the Karnataka Municipal Corporations Act, 1976, land falling within 5 kms from the City Municipal Council Limits, land falling within 3 kms from the Town Municipal Council limits and Town Panchayat limits belonging to the Government, Wakf or the Hindu Religious Institutions and Charitable Endowments, a local authority, a statutory or non-statutory body owned, controlled or managed by the Government: Provided that, excluding the land specified above in all other areas the cases pending related to land grabbing shall stand abated forthwith." The above amendment is brought into effect on and after 12.10.2022. Since it is contended that suit schedule property does not fall within the areas referred to above requiring adjudication by the Special Court, matter requires reconsideration. Hence the following: ORDER Petition is allowed. Impugned order dated 19.08.2019 at Annexure-D is set aside. Matter is remitted to the trial Court to ascertain if the property being claimed by the petitioner falls within or outside the limit prescribed under the aforesaid - 5 - NC: 2025:KHC:11525 WP No. 41634 of 2019 amended Act and thereafter pass appropriate orders in accordance with law. SD/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 20