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2026 DAILYLAW 14182 (KAR)

VISTARA VENTURES v. AROON SAAB

WP/4580/2026 · 2026-03-02

D K Singh, T M Nadaf

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:12477-DB WP No. 4580 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 4580 OF 2026 (KLGP) BETWEEN: 1. VISTARA VENTURES, REPRESENTED BY ITS PARTNER, S.K PRAJWAL, AGED ABOUT 48 YEARS, OFFICE AT NO.191, 2ND FLOOR, 16TH MAIN, 36TH CROSS, 4TH T BLOCK, JAYANAGAR, BENGALURU - 560 054. 2. SMT. V. PADMAVATHY, D/O. LATE A.VENKATAPPA, W/O N. VISWANATH, AGED ABOUT 65 YEARS, RESIDING AT NO.304, SUNNINGDALE, 193, DUO HEIGHTS LAYOUT, BTM 4TH STAGE, BEGUR DEVARACHIKKANAHALLI ROAD, BENGALURU - 560 068. …PETITIONERS (BY SRI. SHASHI KIRAN V., ADVOCATE) AND: 1. AROON SAAB, S/O YAKOOB SAAB, AGED MAJOR, RESIDING AT NO.10, VARASIDHI VINAYAKA LAYOUT, APR CHOULTRY ROAD, Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:12477-DB WP No. 4580 of 2026 VANGASANDRA, 14TH CROSS, MADIWALA POST, BENGALURU - 560 068. 2. DEPUTY COMMISSIONER, KANDHAYA BHAVAN, K.G.ROAD, BENGALURU SOUTH TALUK, BENGALURU - 560 009. 3. THAHSILDAR, KANDHAYA BHAVAN, K.G. ROAD, BENGALURU SOUTH TALUK, BENGALURU - 560 009. …RESPONDENTS (BY SRI. G.S. ARUNA, HCGP FOR R2 & R3) THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE INDIAN CONSTITUTION R/W SECTION 528 OF BNSS, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT AND QUASH ALL FURTHER PROCEEDINGS IN LGC (P) NO.316/2017 PENDING ON THE FILE OF THE KARNATAKA LAND GRABBING PROHIBITION SPECIAL COURTS AT BANGALORE - VIDE ANNEXURE-A, AND ETC. 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 MR. JUSTICE T.M.NADAF - 3 - HC-KAR NC: 2026:KHC:12477-DB WP No. 4580 of 2026 ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) This present writ petition has been filed impugning the order dated 30.06.2023, challenging the proceedings pending before the Karnataka Land Grabbing Prohibition Special Court at Bengaluru in LGC(P) No.316/2017. 2. This is the second writ petition which has been filed by the petitioners seeking the same relief. 3. Earlier the petitioners had approached this Court in WP.No.11767/2018. This Court vide order dated 07.03.2018 disposed of the said writ petition. The said order has not been placed on record by the learned counsel for the petitioners. However, an averment has been made on this aspect in the writ petition. Thereafter, the petitioners had filed an application for discharge. The Tribunal has rejected the application of the petitioners for discharge vide order dated 30.06.2023. - 4 - HC-KAR NC: 2026:KHC:12477-DB WP No. 4580 of 2026 4. The learned Land Grabbing Court has considered all arguments and in paragraph Nos.10 to 18, found that there is a prima facie case against the petitioners for framing of the charge for commission of offence under Section 4(3) of the Karnataka Land Grabbing prohibition Act, 2011. 5. Some of the observation of the learned Land Grabbing Court would be apt to taken note of. The Land Grabbing Court has observed that the documents relied on by the petitioners itself would disclose that they had encroached upon the Government property more particularly kharab land in Sy.No.312 of Begur Village. However, as per the report of Tahsildar, Bengaluru South Taluk, the petitioners have encroached upon 0.00.12 guntas out of 0-14 guntas of kharab land in Sy.No.312 of Begur Village. - 5 - HC-KAR NC: 2026:KHC:12477-DB WP No. 4580 of 2026 6. It is further stated that out of 14 guntas of Kharab land in Sy.No.312 of Begur Village, there was an encroachment to the extent of 0.00.12 guntas. 7. In view of the aforesaid, the Land Grabbing Court has rightly rejected the application. Thus, we find no ground to interfere with the ongoing proceedings where there exist more than the prima facie case against the petitioners for committing the offence under Section 4(3) of the Karnataka Land Grabbing Prohibition Act, 2011. Even as per the report of Tahsildar, the petitioners have encroached upon 0.00.12 guntas of land in Sy.No.312 of Begur Village. Therefore, the writ petition is dismissed. The petitioner should cooperate for early conclusion of the trial, as the trial is pending since 2017. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE PK List No.: 1 Sl No.: 10