IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.8034/2019 (GM – CPC) BETWEEN:
SRI KRISHNAN S/O VARADARAJAN, HINDU, AGED ABOUT 62 YEARS, R/AT NO.13, 1ST CROSS, A BLOCK, VINAYAKANAGAR, KONENA AGRAHARA, BANGALORE - 560 017. ... PETITIONER [BY SRI H.R.ANANTHAKRISHNAMURTHY, ADV.] AND:
1. THE STATE OF KARNATAKA M.S.BUILDING, BENGALURU - 560 001 REP. BY ITS REVENUE SECRETARY 2. THE TASK FORCE OFFICE OF THE DISTRICT COMMISSIONER, CAVUERY BHAVAN, K.G.ROAD, BANGALORE - 560 009.
REP. BY ITS COMMISSIONER. …RESPONDENTS [BY SRI D.R.ANADEESWAR, HCGP.) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 10.10.2017 PASSED BY THE LEARNED XI ADDL. CITY CIVIL JUDGE AT BENGALURU IN O.S.NO.7603/2012, PRODUCED AT ANNX-G.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned High Court Government Pleader accepts notice on behalf of the respondents.
2. The petitioner has challenged the order dated 10.10.2017 passed by the learned XI Additional City Civil Judge at Bengaluru ['Trial Court' for short] in O.S.No.7603/2012, whereby the case has been transferred to Karnataka Land Grabbing Prohibition, Special Court, Kandhaya Bhavana, K.G.Road, Bangalore, exercising the powers under Section 20 of the Karnataka Land Grabbing Prohibition Act, 2011.
3. Learned counsel for the petitioner relying on the order passed by this Court in the case of Sri.Gangadhara and Others V/s. The State of Karnataka and Others [W.P.No.35369/2018 dated 12.10.2018] submits that the Trial Court has directed the transfer of the suit to the Special Court, without examining as to whether the suit would fall within the jurisdiction of the Special Court. Hence, the said order calls for interference by this Court.
4. Learned High Court Government Pleader does not dispute the same.
5. The Cognate Bench of this Court in Gangadhara supra, has observed thus:
“6. As per Sections 7 and 9 of the Act, a Special Court has jurisdiction to try any alleged act of land grabbing, cases in respect of the ownership and title to, or lawful possession of, the land grabbed and offences specified in Chapter XIV-A of the Karnataka Land Revenue Act, 1964. The matters specified in Section 7(1) of the Act will fall within the jurisdiction of a Special Court.
7. As per Section 20 of the Act, the trial Court, before directing transfer of any suit to the Special Court, has to examine as to whether the suit would fall within the jurisdiction of the Special Court. Therefore, the trial court will have to examine as to whether the suit relates to any of the matters specified in Section 7(1) of the Act or as to whether any issue relating to those matters would fall for determination in the suit. If the suit involves any of those matters or any issue relating to those matters, then only the suit shall be transferred to the Special Court. In the absence of any such matter or issue, transferring the suit to the Special Court will be contrary to Section 20 of the Act.”
6. In the light of the said decision, this Court finds it appropriate to set aside the order impugned and to remit the matter to Trial Court for re-consideration in accordance with law, in the light of the observations made in W.P.No.35369/2018.
Hence, the writ petition stands allowed. The impugned order dated 10.10.2017 passed by the Trial Court in O.S.No.7603/2012 is set aside. The matter is remitted to the Trial Court for re-consideration in accordance with law, in the light of the observations made in W.P.No.35369/2018.
All contentions of both the parties are kept open.
Sd/- JUDGE PMR