- 1 - HC-KAR NC: 2025:KHC:36137-DB WP No. 17280 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA WRIT PETITION NO. 17280 OF 2024 (KLGP) BETWEEN: SHRIRAM PROPERTIES LTD, INCORPORATED UNDER THE COMPANIES ACT, OFFICE AT “SHRIRAM HOUSE” NO.31, OLD NO.192, 2ND MAIN ROAD, T.CHOWDAIHA ROAD, SADASHIVANAGAR, BENGALURU-560 080. REP. BY ITS AUTHORISED SIGNATORY (NITHIN CHINNAPPA.C.N) …PETITIONER (BY SRI. AJESH KUMAR.S., ADVOCATE) AND: 1. THE REGISTRAR, SPECIAL COURT OF KARNATAKA LAND GRABBING PROHIBITION, SUO MOTO CASE, REGISTERED BY THE SPECIAL COURT OF Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36137-DB WP No. 17280 of 2024 KARNATAKA LAND GRABBING PROHIBITION, BENGALURU, KANDAYA BHAVAN, 3RD FLOOR, DISTRICT OFFICE ROAD, AMBEDKAR VEEDHI NAGARATHPETE, BENGALURU-560 009. 2. THE TAHSILDAR, BENGALURU NORTH TALUK, KHANDAYA BHAVANA, K.G.ROAD, BENGALURU-560 009. …RESPONDENTS (BY SMT.AZRO J DUNDGE, AGA FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, DIRECTION, OR QUASH THE PROCEEDINGS IN LGC (S) NO.35/2017 AGAINST THE PETITIONER VIDE ORDER DATED 25/04/2017 ALLEGED FOR THE OFFENCE UNDER SECTION 4(3) OF THE KARNATAKA LAND GRABBING PROHIBITION ACT, 2011 AS PER ANNEXURE-A (B) GRANT SUCH ORDERS AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI AND HON'BLE MR. JUSTICE UMESH M ADIGA - 3 - HC-KAR NC: 2025:KHC:36137-DB WP No. 17280 of 2024 ORAL ORDER (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Heard the learned counsel for the petitioner and learned Additional Government Advocate appearing for respondent No.2. 2. This petition has been filed seeking the following relief: a) Issue writ of Certiorari or any other appropriate Writ, direction, or quash the proceedings in LGC (S) No.35/2017 against the Petitioner vide order dated 25.04.2017 alleged for the offence under Section 4(3) of the Karnataka Land Grabbing Prohibition Act, 2011 as per Annexure-A. b) To grant such orders and further orders as the Hon'ble Court may deem fit to grant under the circumstances of the case, in the interest of Justice and Equity." 3. The contention of the learned counsel for the petitioner is that earlier, proceedings were initiated pursuant to a newspaper report against the accused-petitioner and other accused persons by the Special Court constituted under Karnataka Land Grabbing Protection Act, 20111. 1 Act, 2011 - 4 - HC-KAR NC: 2025:KHC:36137-DB WP No. 17280 of 2024 4. It is stated that validity of the Act, 2011 was subjected to challenge before this Court and during pendency of the Writ Petition, certain amendments were made in the Act, 2011 which also came to be considered by this Court. The validity of the Act was upheld by means of a judgment which is reported in the case of Sriram Properties Pvt., Ltd., Vs. State of Karnataka, Department of Revenue and Others2. It is stated that in paragraph No.57 of the aforesaid judgment, this Court observed that for coming to a prima facie conclusion by the Special Court, the material has to be considered in its entirety; that while ordering issuance of summons, the Special Court has to record its satisfaction about the prima facie case against the accused which is sine qua non for initiating criminal action against an accused. It is not only due application of mind with regard to the allegation made in the complaint or the material available before the said Court, but also the location of the land alleged to have been grabbed, or extent or value of the land or the substantial nature of the evil involved or any other relevant matter in the interest of justice which is to protect public property, the Special Court will have to arrive at 2 2021 SCCOnline KAR 15753 - 5 - HC-KAR NC: 2025:KHC:36137-DB WP No. 17280 of 2024 a conclusion for taking cognizance by means of objective assessment and by recording subjective satisfaction. 5. Attention has been drawn to the order of 18.04.2017 which reflects that the learned counsel for the accused - President of the Residents Association of Apartments, undertook to furnish the particulars of the owner of the land and developers who were responsible for putting up apartments which was completed during the year 2024. On 25.04.2017, the addresses of the developers and previous owners of the land was submitted and in its order, the Special Court directed registration of a case against the persons mentioned in the memo dated 25.04.2017 filed by the learned counsel for accused No.2 and issued notice to them. The name of the President, White House Apartment Association, was deleted from the case, as it was not a necessary party to the proceedings. It is stated that on the very next date, that is on 20.06.2017 summons were directed to be issued. It is therefore stated that the issuance of summons in the matter was without application of mind and without taking into account the - 6 - HC-KAR NC: 2025:KHC:36137-DB WP No. 17280 of 2024 mandate of this Court in the aforesaid judgment in Sriram Properties. 6. Learned AGA has opposed the aforesaid petition on the ground that disputed questions of fact are involved in the matter and it is the Special Court which is best suited to take a decision on the aspect of issuance of summons. 7. On the basis of the submissions advanced by the learned counsel for the parties, it appears that after the aforesaid judgment in Sriram Properties was passed, there has been no consideration/reconsideration on the aspect of issuance of summons in the instant case. 8. We are conscious of the fact that the Special Court may require to look into the factual aspects as mandated in the aforesaid judgment. Therefore, we permit the petitioner to move an appropriate application before the Special Court raising all the contentions that may be available to it under the law. We would request the Special Court to consider the said application prior to proceeding further in the matter in respect of the petitioner. - 7 - HC-KAR NC: 2025:KHC:36137-DB WP No. 17280 of 2024 With the aforesaid observation, this Writ Petition stands disposed of. Sd/- (JAYANT BANERJI) JUDGE Sd/- (UMESH M ADIGA) JUDGE BVK List No.: 1 Sl No.: 1