- 1 - HC-KAR NC: 2025:KHC:34916-DB WP No. 21282 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA WRIT PETITION NO. 21282 OF 2024 (KLGP) BETWEEN: SOUMYA ARAVIND SITARAMAN AGED ABOUT 50 YEARS SY NO.25, HUSKLITE PANELS PVT.LTD., NIMBEKAIPURAGRAMA, BIDARAHALLI HOBLI, VIRGO NAGARA POST, BANGALORE EAST TALUK, BENGALURU - 560 049. …PETITIONER (BY SRI. SHREYAS JAYASIMHA, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA. 2. STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S BUILDING, BANGALORE REPRESENTED BY SECRETARY. 3. ASSISTANT COMMISSIONER, BANGALORE NORTH SUB DIVISION KANDAYA BHAVAN, KG ROAD, BENGALURU - 560 009. Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34916-DB WP No. 21282 of 2024 4. THE TASHILDAR, BENGALURU EAST TALUK, KR PURAM, BENGALURU. 5. V. RATHNAMMA W/O BN SIDDAPPA, AGED ABOUT 67 YEARS, NO.745/1, BEHIND GOVERNMENT SCHOOL 7TH CROSS, BAGALAGUNTE BENGALURU . …RESPONDENTS (BY SRI.S.H.RAGHAVENDRA, AGA FOR R1 TO R4, SMT. RAJESHWARI M., ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, DIRECTION OR ORDER SETTING ASIDE ORDER DATED 10.03.2023 (ANNEXURE-A) PASSED BY THE KARNATAKA LAND GRABBING PROHIBITION SPECIAL COURT AT BENGALURU OF TAKING COGNIZANCE OF THE OFFENCE UNDER SECTION 4(3) OF THE KARNATAKA LAND GRABBING ACT 2011 IN LGC(P) No.252/2022 BEFORE THE KARNATAKA LAND GRABBING PROHIBITION SPECIAL COURT AT BENGALURU AND ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE UMESH M ADIGA ORAL ORDER (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Heard the learned counsel for the petitioner. 2. This petition has been filed seeking following reliefs: - 3 - HC-KAR NC: 2025:KHC:34916-DB WP No. 21282 of 2024 " a. To issue a writ of Certiorari or any other appropriate writ, direction or order setting aside order dated 10.03.2023 (Annexure A) passed by the Karnataka Land Grabbing Prohibition Special Court, at Bengaluru of taking cognizance of the offence under Section 4(3) of the Karnataka Land Grabbing Act, 2011 in LGC(P) No. 252/2022 before the Karnataka Land Grabbing Prohibition Special Court, at Bengaluru. b. Issue a writ, order or direction in the nature of certiorari or any other appropriate writ, order or direction to quash the Complaint in L.G.C.(P) No.252/2022 filed under the Section 9(1) of the Karnataka Land Grabbing Act, 2011 pending on the file of the Karnataka Land Grabbing Prohibition Special Court, At Bengaluru (Annexure-G). c. Issue a writ, order or direction in the nature of certiorari or any other appropriate writ, order or direction to quash the entire proceedings in L.G.C.(P) No.252/2022 pending on the file of the Karnataka Land Grabbing Prohibition Special Court, At Bengaluru (Annexure-H). d. To issue a writ of Certiorari or any other appropriate writ, direction or order quashing the report and appended the survey sketch (Annexure -K). e. To issue a Writ of Mandamus or any other appropriate writ, directing the respondents not to act on (Annexure -K) and interfere with the peaceful possession and enjoyment of the schedule property by the petitioner. f. To call for records in L.G.C(P) No. 252/2022 pending before the Karnataka Land Grabbing Prohibition Special Court, at Bengaluru. - 4 - HC-KAR NC: 2025:KHC:34916-DB WP No. 21282 of 2024 g. Pass such order or orders that this Hon'ble Court deems fit in the facts and circumstance of the case in the interests of justice and equity." 3. A perusal of the impugned order reflects that challenge has been made to the order of the Special Court dated 10.03.2023, whereby the matter has been directed to be notified under Section 9(7) of the Karnataka Land Grabbing Prohibition Act, 20111, with regard to taking cognizance against the petitioner and others. 4. Learned counsel for the petitioner states that petitioner has purchased by means of a Sale Deed a plot in Survey No.10/4 and she has no concern with Survey No.11, in respect of which land, the complaint has been filed. Moreover, he states that the plot Sy.No.10/4 has been included by the Special Court subsequently for consideration of the aspect of land grabbing. 5. It is his further contention that Survey No.10/4 consists of 33 guntas and petitioner has purchased only 15 guntas from the aforesaid property. Evident it is that, the extent of occupation and the identification of the plot, for want 1 KLGP Act - 5 - HC-KAR NC: 2025:KHC:34916-DB WP No. 21282 of 2024 of it being demonstrated that there has been a demarcation, cannot be ascertained in writ jurisdiction as they are disputed questions of fact. Therefore, findings of facts are required to be recorded by the Special Court constituted under the KLGP Act. In the facts and circumstances of the case, we are not inclined to interfere in the impugned order. This writ petition is therefore dismissed. Sd/- (JAYANT BANERJI) JUDGE Sd/- (UMESH M ADIGA) JUDGE BK : List No.: 1 Sl No.: 39