- 1 - HC-KAR NC: 2025:KHC:53139-DB WP No. 11239 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH 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. 11239 OF 2023 (KLGP) BETWEEN: 1. S. CHETAN KUMAR S/O LATE T.M. SHIVASHANKAR AGED ABOUT 49 YEARS, SECRETARY COSMOPOLITAN CLUB, TIPTUR, 5TH MAIN, K.R. EXTENSION, TIPTUR – 572 201. 2. C.N.HARIBABU S/O LATE C.B. NAGARAJ, AGED ABOUT 65 YEARS, DODDAPETE, TIPTUR - 572 201. 3. M.N.SHIVANANDA, S/O LATE. M.S. NEELAKANTASWAMY, AGED ABOUT 63 YEARS, KEREKODI CIRCLE, B.H. ROAD, TIPTUR - 572 201. 4. G. NANDAKUMAR, S/O LATE. K.M. GURUPADAPPA, AGED ABOUT 63 YEARS, - 2 - HC-KAR NC: 2025:KHC:53139-DB WP No. 11239 of 2023 DODDAPET, TIPTUR – 572 201. …PETITIONERS (BY SRI. GOUTHAM A. R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIDHAN SOUDHA, AMBEDKAR VEEDHI, BANGALORE – 560 001. 2. H.G. KUMARSWAMY S/O GANGADHARAIAH, AGED ABOUT 50 YEARS, NO.411, VINAYAKA NAGAR, B.H. ROAD, TIPTUR – 572 201. 3. TAHSILDAR TIPTUR TALUK, TIPTUR – 572 201. …RESPONDENTS (BY SRI. G.S.ARUNA, HCGP FOR R1 & R3; R2 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 READ WITH 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMPLAINANT AND TO 1. QUASH ENTIRE PROCEEDINGS BEFORE THE LAND GRABBING PROHIBITION SPECIAL COURTS (COURT HALL 01) IN No. 30/2023 PRODUCED AS ANNEXURE-G. 2. TO PASS SUCH OTHER ORDER, RELIEFs OR ORDERS DEEMED FIT AND PROPER - 3 - HC-KAR NC: 2025:KHC:53139-DB WP No. 11239 of 2023 IN THE FACTS AND CIRCUMSTANCES OF THE ABOVE PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. 3. GRANT SUCH OTHER RELIEFS AS THIS HON’BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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) This writ petition has been filed to impugn the order dated 01.04.2023 and the entire proceedings pending before the Land Grabbing Prohibition Special Courts (CH- 1) at Bangalore in L.G.C.(G) No. 30 of 2023. 2. Learned counsel for the petitioner submits that the petitioners are former members of the governing body of the Cosmopolitan Club. The Club itself, registered as a society since 1934, is not impleaded as a party to the proceedings. He contends that since the Club is a body - 4 - HC-KAR NC: 2025:KHC:53139-DB WP No. 11239 of 2023 corporate, it is the present managing committee that is duty-bound to answer the allegations of land grabbing, not the ex-members in their individual capacity. 3. He therefore submits that in the absence of the Cosmopolitan Club as a party, the complaint is not maintainable. 4. Having considered the substance of the submissions, we find merit in this contention. Accordingly, this writ petition is disposed of with the following direction: 5. The concerned Land Grabbing Court is directed to implead the Cosmopolitan Club, Tiptur Taluk, as a necessary party respondent in L.G.C.(G) No. 30 of 2023. The Court shall issue notice to the Club to respond to the allegations regarding the land grabbing of 2 acres and 20 guntas of government land. 6. Thereafter, if the Court considers the presence of the present petitioners necessary, it may issue fresh - 5 - HC-KAR NC: 2025:KHC:53139-DB WP No. 11239 of 2023 summons to them. All contentions of both sides are kept open. 7. With the aforesaid direction, the present writ petition stands disposed of. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE TIN List No.: 1 Sl No.: 15 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNTAKA