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2018 DIGILAW 789 (KAR)

Sri Guruprasad Managing Director M/s Chaithanya Projects Private Limited v. Narayanaswamy S/o Sri Chandrashekar

2018-07-10

K.N.PHANEENDRA

body2018
ORDER : Heard the learned Counsel for the petitioner. Perused the records. The petitioner has called in question the order passed by the Karnataka Land Grabbing Special Court, Bangalore, in LGC (P) No.908/2017 dated 8.3.2018 in taking cognizance and issuing process against the petitioner for the offence under Section 4(3) of the Karnataka Land Grabbing Prohibition Act, 2011. 2. On a careful perusal of the order impugned, it is clear that the Trial Court has specifically mentioned that the Tahsildar has submitted a report to the effect that, there was an encroachment of 22 guntas in Sy.No.144/7 and 14 guntas in Sy.No.145 of Kannamangala village, Bidarahalli, Bangalore East Taluk. 3. On a careful perusal of the orders, it is mentioned that the Court has examined the documents produced before the Court and as well as the Tahsildar’s report and found that there is a prima-facie material to take cognizance and for issuance of summons. Though the learned Counsel tried to convince this Court that, the documents produced by the Tahsildar are not correct and the initiation of the proceedings itself is bad in law, but when the Trial Court has considered the materials on record tentatively and taken cognizance and issued process after following the procedure as contemplated, it may not be proper and wise for this Court to quash such proceedings. Hence, the petition is dismissed. However, the petitioner is at liberty to approach the Trial Court itself pleading for his discharge and in that eventuality, the Trial Court has to consider all the materials and pass appropriate orders in accordance with law. In view of disposal of the case, I.A.No.1/2018 filed for stay does not survive for consideration. Accordingly, the said application stands dismissed.