- 1 - HC-KAR NC: 2025:KHC:44443-DB WP No. 31643 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 31643 OF 2025 (KLGP) BETWEEN: 1. SRI JAVED KHAN R, S/O RIYAZ PASHA, AGED ABOUT 42 YEARS, RESIDING AT NO.29C, 3RD CROSS, 4TH MAIN, SUBASH NAGAR, BHATTARAHALLI, NEAR KARNATAKA MEDICALS, BANGALORE-560049. 2. SRI KRISHNA, S/O LATE YALLAPPA, AGED ABOUT 47 YEARS, RESIDING AT GANGAMMA TEMPLE, 2ND CROSS, 1ST MAIN ROAD, OPPURDU SCHOOL, HOSKOTE, BANGALORE RURAL DISTRICT-562114. …PETITIONERS (BY SRI R P SOMASHEKHARAIAH, ADVOCATE FOR SRI RAVIKUMAR T K, ADVOCATE) Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44443-DB WP No. 31643 of 2025 AND: 1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S BUILDING, BANGALORE-560001. 2. LAND GRABBING PROHIBITION SPECIAL COURT, 3RD FLOOR, KANDAYA BHAVANA, K.G. ROAD, BANGALORE-560009. 3. SRI MANJUNATH, S/O LATE SIDDAPPA, AGED ABOUT 42 YEARS, 4. SRI NAGENDRA PRASAD, S/O LATE SIDDAPPA, AGED ABOUT 40 YEARS, R-3 & 4 ARE RESIDING AT KHAJISONNENAHALLI VILLAGE, KANNAMANGALA POST, BANGALORE EAST TALUK, BANGALORE-560067. 5. THE TAHSILDAR, BANGALORE EAST TALUK, K.R. PURAM, BANGALORE. …RESPONDENTS (BY SRI M N SUDEV HEGDE, AGA FOR R-1 & 5) - 3 - HC-KAR NC: 2025:KHC:44443-DB WP No. 31643 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT DECLARING THAT THE KARNATAKA LAND GRABBING PROHIBITION ACT (KARNATAKA ACT 38 OF 2014) AS ULTRA VIRUS THE CONSTITUTION OF INDIA (PRODUCED AS ANNEXURE-N) AND ETC., 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) The present writ petition has been filed seeking the following reliefs: "(a) Issue a writ declaring that the Karnataka Land Grabbing Prohibition Act (Karnataka Act 38 of 2014) as ultra virus the Constitution of India (Produced as ANNEXURE-N); and/or in the alternative (b) Issue a writ declaring that the Karnataka Land Grabbing Prohibition Act, 2011 (Karnataka Act 38 of 2014) is not applicable to the Petitioners (Produced as ANNEXURE-N) and - 4 - HC-KAR NC: 2025:KHC:44443-DB WP No. 31643 of 2025 (c) Issue a writ of certiorari and quash the impugned summons in complaint in LGC (S) No.27/2023 dated 13.02.2023 vide ANNEXURE-A pending on the file of Special Court Karnataka Land Grabbing & Prohibition, Kandaya Bhavan, Bangalore and consequently quash the Order dated 13.02.2023 vide ANNEXURE-A taking cognizance in LGC(S) No.27/2023 under Section 4 of the Act and entire further proceedings against the Petitioners." 2. Learned counsel for the petitioners submits that he does not want to press the relief regarding the vires of the said Act and the petitioners will move necessary application before the Karnataka Special Court for Prohibition of Land Grabbing, Bengaluru, seeking discharge in LGC(S) No.27/2023. 3. Considering the said submission, we dispose of this writ petition with liberty to the petitioners to move appropriate application for discharge in the aforesaid case within a period of - 5 - HC-KAR NC: 2025:KHC:44443-DB WP No. 31643 of 2025 fifteen days from today. If such an application is moved, the Land Grabbing Court shall decide the same in accordance with law, expeditiously. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE BKV List No.: 1 Sl No.: 14