Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 67354 (KAR)

SRI CHANDRACHARI v. STATE OF KARNATAKA

WP/6274/2025 · 2025-08-07

Jayant Banerji, Umesh M Adiga

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:30698-DB WP No. 6274 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA WRIT PETITION NO. 6274 OF 2025 (KLGP) BETWEEN: SRI. CHANDRACHARI S/O LATE ANANTACHAAR, AGED ABOUT 78 YEARS, R/AT NO.121, SHIVAPURA COLONY, BEHIND NTTF, PEENYA SMALL INDUSTRIES, BENGALURU NORTH, BENGALURU-560 058. …PETITIONER (BY SRI. DEEPAK M.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, 5TH FLOOR, M. S. BUILDING, DR. B. R. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE EXECUTIVE ENGINEER, (DESIGNATED OFFICER), DASARAHALLI ZONE, HESARAGHATTA MAIN ROAD, BBMP, Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30698-DB WP No. 6274 of 2025 BENGALURU-560 073. 3. THE TAHSILDAR, BENGALURU NORTH TALUK, BENGALURU-560 001. 4. ASSISTANT DIRECTOR OF LAND RECORDS, BENGALURU NORTH TALUK, BENGALURU-560 001. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER QUASHING THE ANNEXURE-A i.e., THE IMPUGNED PROCEEDINGS INITIATED BY RESPONDENT NO.2 IN LGC (G) NO.1473/2024 APPLICATION UNDER SUB SECTION (1) OF SECTION 9 OF THE KARNATAKA LAND GRABBING PROHIBITION ACT, 2011, PENDING BEFORE THE HONBLE KARNATAKA LAND GRABBING PROHIBITION SPECIAL COURT, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, 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:30698-DB WP No. 6274 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Heard the learned counsel for the petitioner and learned Additional Government Advocate for the State. 2. Under challenge are the proceedings initiated by respondent No.2 i.e. the Executive Engineer (Designated Officer) of BBMP in LGC (G) No.1473/2024 application under Sub Section (1) of Section 9 of the Karnataka Land Grabbing Prohibition Act, 2011, which is stated to be pending before the Special Court, Bengaluru. 3. From perusal of the order sheet, it is apparent that the matter is being examined by the Special Court and final orders are yet to be passed. The contention of the learned counsel appearing for the petitioner is that he had lawfully entered into the property in dispute and as such the provisions of the Act would not apply to the land in question. 4. Be that as it may, as stated by learned counsel appearing for the respondent, no final decision has yet been taken by the Special Court. That being the case, given the - 4 - HC-KAR NC: 2025:KHC:30698-DB WP No. 6274 of 2025 facts and circumstances, we decline to interfere in the matter and the petition is therefore dismissed. Sd/- (JAYANT BANERJI) JUDGE Sd/- (UMESH M ADIGA) JUDGE AG List No.: 1 Sl No.: 16