- 1 - HC-KAR NC: 2026:KHC:15332-DB WP No. 33439 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH 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. 33439 OF 2025 (KLGP) BETWEEN: SMT. SHIVAMMA W/O SIDDAPPAJI D/O LATE RACHAPPA AGED ABOUT 56 YEARS R/AT NO. 44, 1ST MAIN ROAD 12TH CROSS MTS LAYOUT KENGERI SATELLITE TOWN BENGALURU 560 060 …PETITIONER (BY SRI.ASHOK B.PATIL., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF REVENUE M S BUILDING BENGALURU 560 001 2. THE SPEICAL TAHASILDAR BENGALURU SOUTH TALUK KHANDAYA BHAVANA GROUND FLOOR K G ROAD BENGALURU 560 009 …RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH., AGA) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15332-DB WP No. 33439 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF THE CRIMINAL PROCEDURE CODE, PRAYING TO i. ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED COMPLIANT DATED 14.08.2018 IN LGC (G) No. 1395/2018 AT ANNEXURE-A, ON THE FILE OF THE KARNATAKA LAND GRABBING PROHIBITION SPECIAL COURT, BENGALURU, IN THE INTEREST OF JUSTICE AND EQUITY, ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) Heard, Sri.Ashok B.Patil., learned counsel appearing for the petitioner and Sri.Mohammed Jaffar Shah., learned Additional Government Advocate for the respondents. 2. The present Writ Petition has been filed impugning the proceedings in LGC (G) No.1395/2018 instituted on the basis of the complaint dated 14.08.2018 of the Tahsildar concerned alleging that the petitioner has - 3 - HC-KAR NC: 2026:KHC:15332-DB WP No. 33439 of 2025 grabbed 05 Acres of the Government Land situated in Sy.No.36 of Kenchanapura Village, Kengeri Hobli, Bengaluru South Taluk, Bengaluru. 3. It has been further prayed to quash the order dated 11.08.2025 passed by the Karnataka Land Grabbing Prohibition Special Court, Bengaluru (for short 'Land Grabbing Court') that the objection statement filed against the complaint came to be rejected after taking cognizance of the offence punishable under Section 4(3) of the Karnataka Land Grabbing Prohibition Act, 2011. 4. In existence of the order dated 31.08.2015 passed by the Special Deputy Commissioner, Bengaluru South sub-division in proceedings No.RRT(3)CR.252/2012- 13, whereby the entries standing in the name of the petitioner in respect of 05 Acres of land in Sy.No.36 as per M.R.No.03/1995-96 have been held to be neither illegal nor based on bogus records and the entries have been held to be on the basis of the orders passed by the competent authority as well as by virtue of sale deeds from one hand to another, the Special Deputy Commissioner therefore, has ordered to - 4 - HC-KAR NC: 2026:KHC:15332-DB WP No. 33439 of 2025 restore and continue the entries in the name of the petitioner in respect of the said land and Tahsildar, Bengaluru South Taluk, Bengaluru had been directed to take necessary action as per the said order. 5. Despite the order passed by the Special Deputy Commissioner, it was not being implemented, the petitioner came before this Court by filing W.P.No.43910/2016 seeking a Writ of Mandamus to implement the order dated 31.08.2015 passed by the Special Deputy Commissioner. The learned Single Judge vide order dated 08.02.2017 disposed of the Writ Petition directing the respondent Authorities to implement the order in its letter and spirit as undertaken by the State counsel within a period of eight weeks. 6. Despite the undertaking, when the order was not implemented, the petitioner was compelled to file a contempt case in CCC No.800/2017 and after issuing notice in the contempt petition, the order came to be implemented and the Contempt Petition was disposed of. However, it was observed that the implementation of the order passed by the - 5 - HC-KAR NC: 2026:KHC:15332-DB WP No. 33439 of 2025 Deputy Commissioner would be subject to the result of any Writ Appeal or Writ Petition that may be filed by the respondent Authorities and all rights and contentions of both the parties were kept open. 7. From the aforesaid fact, it is evident that the order dated 31.08.2015 passed by the Special Deputy Commissioner cannot be said to be bogus as the whole basis of the complaint filed by the Tahsildar on which the cognizance has been taken is that the entries made in favor of the petitioner in respect of 05 Acre of land in Sy.No.36 situated at Kenchanapura Village, Kengeri Hobli, Bengaluru South Taluk, Bengaluru are on the basis of bogus order passed by the Special Deputy Commissioner. 8. Having considered the aforesaid facts, we are of the considered opinion that the order dated 31.08.2015 cannot be said to be bogus order, and this was never the stand of the respondent authorities before the Court in W.P.No.43910/2016 and CCC No.800/2017. In fact, the order dated 31.08.2015 has been implemented. Therefore, there is no question of filing the complaint under the - 6 - HC-KAR NC: 2026:KHC:15332-DB WP No. 33439 of 2025 provisions of Karnataka Land Grabbing Act, by the Tahsildar and therefore, the continuation of proceedings before the Land Grabbing Court would be nothing but an abuse of the process of the Court. Therefore, we set-aside the impugned proceedings. 9. Accordingly, the Writ Petition is allowed. However, the respondent authorities if they are of the opinion that the order passed by the Deputy Commissioner was an illegal order, can take appropriate steps in accordance with the law after giving due notice to the petitioner. All the contentions of the parties are left open if such proceedings are taken. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE TKN List No.: 2 Sl No.: 4