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2025 DAILYLAW 41067 (KAR)

MR. HARISH v. MR. MARIYAPPA

WP/23519/2025 · 2025-12-11

D K Singh, Tara Vitasta Ganju

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52431-DB WP No. 23519 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 23519 OF 2025 (KLGP) BETWEEN: 1. MR. HARISH S/O B ANJINAPPA AGED ABOUT 46 YEARS 2. MR. B ANJINAPPA S/O LATE MUNISWAMAPPA AGED ABOUT 61 YEARS BOTH PETITIONER NOS.1 AND 2 ARE RESIDING AT NO.81 SIDDAPURA, 2ND MAIN ROAD 7TH CROSS ROAD BANGALORE-560066 3. MR. VENKATARAMANAPPA (DEMISED BUT STILL IS MADE AS THE PARTY IN LGC PROCEEDINGS AND HE IS REPRESENTED BY HIS SON THE PETITIONER NO.3) MR. V MANJUNATH S/O LATE VENKATARAMANAPPA AGED ABOUT 38 YEARS R/AT SIDDAPURA VILLAGE - 2 - HC-KAR NC: 2025:KHC:52431-DB WP No. 23519 of 2025 VARTHUR VILLAGE BANGALORE-560066 …PETITIONERS (BY SRI AJIT P B, ADVOCATE) AND: 1. MR. MARIYAPPA S/O PAPAIAH AGED ABOUT 71 YEARS R/AT NO.92, 2ND MAIN SIDDAPURA VILLAGE BANGALORE EAST BANGALORE-560066 2. THE TASHILDAR K R PURAM TALUK BANGALORE EAST BANGALORE-560036 3. MR. VENKATARAMANAPPA S/O LATE MUNIYALAPPA AGED ABOUT 56 YEARS R/AT 2ND CROSS, 2ND MAIN SIDDAPURA VILLAGE VARTHUR VILLAGE BANGALORE EAST BANGALORE-560066 …RESPONDENTS (BY SRI PRAVEEN KUMAR, ADVOCATE FOR C/R-1; SRI ARUNA G.S., HCGP FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED DIRECTION ISSUED TO THE ASSISTANT EXECUTIVE OFFICER, OFFICE OF BBMP, MAHADEVAPURA ZONE, CONTAINED IN THE ORDER DATED 29.04.2025 (ANNEXURE-A) INSOFAR AS THE PETITIONERS ARE CONCERNED, PASSED BY - 3 - HC-KAR NC: 2025:KHC:52431-DB WP No. 23519 of 2025 THE KARNATAKA LAND GRABBING PROHIBITION SPECIAL COURT, BENGALURU, IN PROCEEDINGS NO.LGC(P) NO.348/2024. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present writ petition has been filed impugning the order dated 29.04.2025 passed by the Karnataka Land Grabbing Prohibition Special Court at Bengaluru in LGC (P) No.348/2024. 2. The order dated 29.04.2025 reads as follows:- "Sri.Santhosh, Assistant Executive Officer from the office of the BBMP Mahadevapura Zone is present he has been directed to issue direction to the Respondent No.1 to 5 to stop further construction and file affidavit action taken in the matter by next date of hearing without fail. Learned counsel for the accused is present. Await notice of the Respondent No.1 to 5. Call on 06.06.2025." - 4 - HC-KAR NC: 2025:KHC:52431-DB WP No. 23519 of 2025 3. The said Court has issued notice to the petitioners on 16.04.2025. The learned counsel for the petitioners submitted that the petitioners have filed their objections to the complaint, however, they have not filed objections in respect of the interim application filed by the complainant under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908. 4. The Land Grabbing Court is empowered to pass interim direction to protect the property of the Government and that is what the Court has done by the impugned order. In any view of the matter, the impugned order is only an interim order, and if the petitioners feel that the said order needs to be recalled or modified, they should approach the concerned Court with proper application. We are not the Appellate Court to the Land Grabbing Court and even otherwise, we do not find that the Land Grabbing Court has exercised the jurisdiction which is not vested in it or the order impugned in this petition is patently illegal. Therefore, we dispose of this writ petition with liberty to the - 5 - HC-KAR NC: 2025:KHC:52431-DB WP No. 23519 of 2025 petitioners to approach the concerned Court for modification/recalling of the impugned order, if they are so advised. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE BKV List No.: 1 Sl No.: 5 Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNATAKA Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA