- 1 - HC-KAR CNR: KAHC010437732023 NC: 2026:KHC:47269-DB WP No. 18745 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN WRIT PETITION NO. 18745 OF 2023 (KLGP) BETWEEN: 1. SHRI.V. SHANKAR S/O LATE R VENKATARAMAIAH AGED ABOUT 65 YEARS, RETIRED DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT NO 331/11, 23RD CROSS JAYANAGAR, 6TH BLOCK BENGALURU - 560070 2. DR HARISH B R S/O RAMA NAIKA B AGED ABOUT 47 YEARS, RESIDENT OF OM SAI DHAMA 3RD CROSS, 1ST MAIN SIDDIVINAYAKA LAYOUT SANJAYANAGARA BENGALURU - 560092 3. SHRI C MAHADEVAIAH S/O CHAMAIAH AGED ABOUT 62 YEARS NO 30, PHASE - 3, NEAR: BUDDHA PARK LIBERTY ACRES, INDLAELE, ATTIBELE HOBLI, ANEKAL TALUK, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010437732023 NC: 2026:KHC:47269-DB WP No. 18745 of 2023 BENGALURU URBAN DISTRICT PIN CODE - 562106 (BENEFIT OF SENIOR CITIZEN NOT CLAIMED ) …PETITIONERS (BY SRI. M.S.BHAGWAT, SENIOR COUNSEL FOR SRI. SHIVANANDA D S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M S BUILDING BENGALURU - 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY, TO THE GOVERNMENT 2. THE UNDER SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, (SERVICE -A) M S BUILDING, BENGALURU - 560001 3. THE SECRETARY TO THE GOVERNMENT D.P.A.R. GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA BENGALURU - 560001 4. THE COMMISSIONER DEPARTMENT OF SURVEY SETTLEMENT AND LAND RECORDS K R CIRCLE, BENGALURU- 560001 5. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT BENGALURU - 560001 …RESPONDENTS (BY SRI. S.H.RAGHAVENDRA, AGA FOR R1-R5) - 3 - HC-KAR CNR: KAHC010437732023 NC: 2026:KHC:47269-DB WP No. 18745 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENTIRE SUO-MOTO PROCEEDINGS INITIATED BY THE KARNATAKA LAND GRABBING PROHIBITION SPECIAL COURT, BENGALURU, L.G.C(S) No. 1427/2019 AND ALSO QUASH THE ORDER DATED 20-07-2023 IN No. L.G.C(S) No- 1427/2019 PASSED BY THE KARNATAKA LAND GRABBING PROHIBITION SPECIAL COURT, BENGALURU, AS PER ANNEXURE-ZA AND ZB BY ISSUE OF WRIT IN THE NATURE OF CERTIORARI, ANY OTHER WRIT, ORDER OR DIRECTION AS THE CASE MAY BE IN SO FOR AS IT RELATES TO THE PETITIONERS, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ petition under Article 227 of the Constitution of India has been filed impugning the order dated 20.07.2023 passed by the Karnataka Land Grabbing Prohibition Special Court, Bengaluru (hereinafter referred to as “the Land Grabbing Court”) in LGC (S) No.1427/2019 on the objections filed by the petitioners against the order of cognizance taken by the Land Grabbing Court in the said case. - 4 - HC-KAR CNR: KAHC010437732023 NC: 2026:KHC:47269-DB WP No. 18745 of 2023 2. The Revenue Member of the Land Grabbing Court submitted a note enclosing the newspaper report alleging that the petitioners holding the post of Deputy Commissioner, Assistant Commissioner and Tahsildar had granted 19 acres 10 guntas of Kharab land in Survey No. 183/2 of Bukkasagara Village, Jigani Hobli, Anekal Taluk, Bengaluru District, to a private person by manipulating the revenue records. 3. The Land Grabbing Court has considered all facts and rejected the objections filed by the petitioners. The kharab land cannot be alienated in favour of a private person. The kharab land belongs to the Government and it can be used only for the public purposes as defined in the relevant rules. Here, such a huge land was granted to a private person allegedly by manipulating the revenue records. 4. We are of the view that the Land Grabbing Court has neither committed an error of law nor of jurisdiction, which requires us to interfere with the well considered order passed by the Land Grabbing Court. However, the petitioners would be entitled to take all defence available to them during the trial. This is not a case - 5 - HC-KAR CNR: KAHC010437732023 NC: 2026:KHC:47269-DB WP No. 18745 of 2023 where the trial should be interrupted or interdicted considering the magnitude of the Government Land involved which has been conveyed to the private person against the statutory prescription. Accordingly, the petition stands dismissed. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE RKA List No.: 2 Sl No.: 8