Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 69905 (KAR)

MRS. MATILDA S LEWIS v. THE STATE OF KARNATAKA

WP/23070/2023 · 2025-12-10

D K Singh, Tara Vitasta Ganju

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:52446-DB WP No. 23070 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH 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. 23070 OF 2023 (KLGP) BETWEEN: MRS. MATILDA S. LEWIS AGED ABOUT 84 YEARS W/O JAMES O A LEWIS R/AT NO.8/91, VIJAYA COLLEGE ROAD OPP TO HUDCO, BAPPANADU, MANGALORE, MULKI , D K 574154 …PETITIONER (BY SRI. DHANANJAY KUMAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIDHAN SOUDHA, AMBEDKAR VEEDHI, BENGALORE 560001 2. THE TAHSILDAR MULKI, MANGALORE TALUK, D K DISTRICT 574154 …RESPONDENTS (BY SRI. SUDEV HEGDE, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA IS FILED PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN L.G.C (G) NO.1125/2021 PENDING BEFORE THE KARNATAKA LAND GRABBING PROHIBITION SPECIAL COURT, BANGALORE, FILED BY THE RESPONDENT NO.2 AGAINST THE PETITIONER VIDE ANNEXURE-A, AND ETC. Digitally signed by S NOORUNNISABEGUM Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52446-DB WP No. 23070 of 2023 THIS PETITION, COMING ON FOR ORDERS, 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 impugning the proceedings undertaken by the Karnataka Land Grabbing (Prohibition) Special Court, Bengaluru, in LGC(G) No.1125/2021 under the provisions of the Karnataka Land Grabbing Prohibition Act, 2011. 2. The allegation against the petitioner is that the petitioner had grabbed Government land to an extent of 0.02 acres in Sy.No.31/1A/1A situated at Manampadi Village, Mulki Hobli, Mangaluru Taluk, Dakshina Kannada District. In the petition, it has been denied that the petitioner has grabbed any Government land. We called for a report from the Tahsildar who was part of the complaint before the Land Grabbing Court. Mr. Shridhar Mudalamani, Tahsildar, Mulki, Dakshina Kannada District, - 3 - HC-KAR NC: 2025:KHC:52446-DB WP No. 23070 of 2023 is also present. He has also filed the report prepared by him regarding grabbing of 0.02 acres of Government land as mentioned above by the petitioner. 3. Learned counsel for the petitioner submits that the petitioner has not utilized the above said land and the possession of the land can be taken by the officials and she would have no objection. 4. Mr. Sudev Hegde, learned Additional Government Advocate on instructions submits that if the petitioner has no objection for taking back possession of the Government land by the officials/Tahsildar, they will not press for prosecution of the petitioner. 5. Considering the above said facts, we give liberty to the petitioner to move an appropriate application undertaking by filing an application before the Land Grabbing Court that she has no claim over the Government land measuring 0.02 acres in Sy.No. 31/1A/1A situated in Manampadi Village, Mulki Hobli, Mangaluru Taluk, Dakshina Kannada District and she has - 4 - HC-KAR NC: 2025:KHC:52446-DB WP No. 23070 of 2023 no objection if the Government officials/Tahsildar takes possession of the said land. 6. We grant ten days time to the petitioner to file such an application, and if such an application is made within a period of ten days, the Land Grabbing Court will pass an appropriate order on the aforesaid undertaking of the petitioner and undertaking of the Government that they would not press for prosecution of the petitioner. 7. For a period of one month from today, we extend the interim order granted in this writ petition. With the above said directions and observations, the present writ petition stands disposed off. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE BSV/ List No.: 1 Sl No.: 13