- 1 - HC-KAR NC: 2025:KHC:18769-DB WP No. 21134 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE T.M.NADAF WRIT PETITION NO. 21134 OF 2024 (KLGP) BETWEEN: 1. MR. ZAMEEL PASHA S/O SYED ANWAR AGED ABOUT 46 YEARS. RESIDING AT NO.3 BEHIND AISHA MOSQUE, PATALAMMA LAYOUT, KADUGODI, BANGALORE -560067. 2. MR. VIJAYA SAI AGED ABOUT 49 YEARS, MANAGING PARTNER M/S SAI BLOSSOMS ENCLAVE, AND SANMATHI HOMES PVT. LTD., MANAGING PARTNERS NO.11, 1ST FLOOR, HOSUR MAIN ROAD, MADIWALA, BANGALORE-560068. …PETITIONERS (BY SRI. SHARATHKUMAR SHETTY, ADV.) AND: 1. MR. M VISHWANATH S/O LATE MOHAN RAJ, AGED ABOUT 36 YEARS R/AT NO.499, 7TH CROSS, DARGA ROAD, BEHIND MASJID ROAD, GANDHIPURA WHITEFILED, BANGALORE -560076. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18769-DB WP No. 21134 of 2024 2. THE THASILDAR K.R. PURAM, BANGALORE-560 036. 3. THE KARNATAKA SPECIAL COURT OF LAND GRABBING, 3RD FLOOR, KANDAYA BHAVAN, BANGALORE-560 001. 4. M/S. CHAITANYA PROJECT AND PRIVATE LTD., REP. BY ITS MANAGER DIRECTOR SRI. GURU PRASAD, REGISTERED OFFICE NO.104, PRESTIGE OMEGA, 3RD FLOOR, EPIP ZONE, WHITE FIELD POST, BANGALORE-560 066. …RESPONDENTS THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE ENTIRE PROCEEDINGS IN LGC (P) NO.351/2020 BEFORE THE PROHIBITION OF LAND GRABBING SPECIAL COURT AT BANGALORE UNDER SECTION 9(1) OF THE KARNATAKA LAND GRABBING PROHIBITION ACT, AS PER ANNEXURE-A AND B AND B) GRANT SUCH OTHER INTERIM RELIEF. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT AND HON'BLE MR JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR JUSTICE S.G.PANDIT) Petitioners are before this Court under Article 226 of the Constitution of India seeking the following prayer: - 3 - HC-KAR NC: 2025:KHC:18769-DB WP No. 21134 of 2024 “a) Quash the entire proceedings in LGC (P) No.351/2020 before the Hon’ble Prohibition of Land Grabbing Special Court at Bengaluru under Section 9(1) of the Karnataka Land Grabbing Prohibition Act, as per Annexure-A and B.” 2. Heard learned counsel Sri.Sharathkumar Shetty for petitioners and perused the entire writ petition papers. 3. The proceedings, against the petitioners is initiated on the complaint of the fourth respondent, under Section 9 of the Karnataka Land Grabbing Prohibition Act, 2011 (for short, ‘2011 Act’) before the Karnataka Land Grabbing Prohibition Special Court at Bengaluru (for short, ‘Special Court’). Learned counsel for the petitioners contends that the respondent No.4 has lodged a complaint and the fourth respondent is no way connected with the land in question. Further, learned counsel would submit that at the preliminary stage itself, petitioners have placed on record title documents and other relevant - 4 - HC-KAR NC: 2025:KHC:18769-DB WP No. 21134 of 2024 revenue records to establish title over the land in question. Further, it is submitted that the Special Court without examining the material placed on record, posted the matter to hear before charge. 4. Admittedly, the matter is posted to hear before charge. The petitioners would get all opportunity before the Special Court at the stage of hearing before charge. The petitioners could place on record all relevant material and could point out that the complaint itself is not maintainable before the Special Court. If relevant and cogent material is made available, the Special Court would definitely appreciate the contention of the petitioners. Moreover, at this stage, this Court under Article 226 of the Constitution of India would not be in a position to examine the factual position. 5. In the light of the above, writ petition stands disposed of keeping open all contentions of the petitioners. - 5 - HC-KAR NC: 2025:KHC:18769-DB WP No. 21134 of 2024 6. Liberty is always open for the petitioners to question any order that would be passed adverse to them, after hearing before charge. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE NC CT:bms List No.: 1 Sl No.: 35