Karnataka High Court
WP/6850/2026 of SRI. Y D SIDDARAJU Vs THE STATE OF KARNATAKA on 11 June 2026
NC: 2026:KHC:28284-DB WP No. 6850 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 6850 OF 2026 (KLGP) BETWEEN: SRI. Y D SIDDARAJU S/O. LATE DODDAIAH,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JUNE, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION NO. 6850 OF 2026 (KLGP)
BETWEEN:
SRI. Y D SIDDARAJU
S/O. LATE DODDAIAH,
AGED ABOUT 41 YEARS,
R/O. YALLAPURA VILLAGE,
ARAKERE POST, KASABA NORTH HOBLI,
TUMAKURU NORTH TALUK,
TUMAKURU - 572 106
…PETITIONER
(BY SRI.RAMESH.K.R., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE,
VIKASA SOUDHA,
BENGALURU - 560 001.
2.
THE ASSISTANT COMMISSIONER,
TUMAKURU SUB-DIVISION,
TUMAKURU - 572 101.
3.
THE TAHSILDAR,
TUMAKURU TALUK,
TUMAKURU - 572 101.
4.
SRI. L.R. NARAYANACHAR,
S/O. LATE RUDRACHAR,
Digitally
signed by
REKHA R
Location:
High Court
of Karnataka
HC-KAR
AGED MAJOR,
R/O. ACHARYA BEEDI,
NEAR ANEMATA, CHICKPET,
TUMAKURU - 572 101.
5.
SRI. D.P. THIMMARAJU,
S/O. PEDDAIAH,
R/O. DURGADAHALLI,
URDIGERE HOBLI,
DEVARAYANADURGA POST,
TUMAKURU TALUK,
TUMAKURU DISTRICT - 572 140.
…RESPONDENTS
(BY SRI.S.H.RAGHAVENDRA, AGA FOR R1 TO 3; SRI.MANU KUMAR.B.T, ADVOCATE FOR
SRI.M.N.MADHUSUDHAN ADVOCATE FOR R4 & 5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (a)
CALL FOR RECORDS, IF NECESSARY, (b) ISSUE A WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER
OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED
04.01.2024 PASSED BY THE KARNATAKA LAND GRABBING
PROHIBITION
SPECIAL
COURT,
BENGALURU,
TAKING
COGNIZANCE AGAINST THE PETITIONER FOR THE OFFENCE
PUNISHABLE UNDER SECTION 4(3) OF THE KARNATAKA LAND
GRABBING PROHIBITION ACT, 2011 IN CASE No. L.G.C. (P)
No. 253/2022 AT ANNEXURE-A, AND THE ORDER DATED
30.12.2025 PASSED ON IA. No. I FILED BY THE PETITIONER
UNDER SECTION 227 OF Cr.P.C SEEKING DISCHARGE IN CASE
No. L.G.C (P) No. 253/2022, AT ANNEXURE-B, AND THEREBY
QUASH
THE
PROCEEDINGS
INITIATED
AGAINST
THE
PETITIONER BEFORE THE SPECIAL COURT IN CASE No. L.G.C
HC-KAR
(P) No. 253/2022 AND (c) GRANT SUCH OTHER RELIEF OR
RELIEFS AS THIS HONBLE COURT DEEMS FIT IN THE FACTS
AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS WRIT PETITION IS COMING ON FOR HEARING
INTERLOCUTORY APPLICATION, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
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ORAL ORDER
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present Writ Petition has been filed impugning the orders dated 04.01.2024 and 30.12.2025 by the Karnataka Land Grabbing Prohibition Special Court at Bengaluru (Court Hall - 2) in L.G.C (P) No.253/2022.
2. The complainants/ respondents 4 and 5 herein, filed complaint alleging that the petitioner herein in violation of the provisions of Section 192-A of the Karnataka Land Revenue Act, 1964 has encroached upon the land in Sy.No.31 of Yellapura Village measuring 08
HC-KAR
Acres 13 Guntas, out of which 03 Acre 13 Guntas is 'B' kharab. It is further alleged that the Assistant commissioner and Tahsildar, had created records in respect of 'B' kharab and granted conversion order in favor of respondent No.3/ petitioner herein. The petitioner herein in collusion with the Government officials has obtained conversion order on 23.12.2014 in respect of 'B' kharab land.
3. After initiation of the complaint, the Special Land Grabbing Court directed the Assistant Commissioner, Tumakuru Sub-Division to submit status report with regard to the allegations made in the complaint and accordingly, the Assistant Commissioner obtained a report from the Tahsildar and forwarded it to the Special Land Grabbing Court. In the report it was specifically stated that there was no encroachment of the Government land by the petitioner.
HC-KAR
4. Despite such report submitted by the Assistant Commissioner on direction, the Special Land Grabbing Court took cognizance and summoned the petitioner. The petitioner had filed an application under Section 227 of the Code of Criminal Procedure seeking discharge from the case.
5. The Special Land Grabbing Court vide order dated 30.12.2025 rejected the discharge application. The Special Land Grabbing Court has observed that the Revenue and Survey officials have colluded with the accused in showing 'B' kharab land as 'A' kharab land and moreover 19 Guntas of 'B' kharab land was converted by the Deputy Commissioner on 23.12.2014 by collecting the conversion fee as if it is 'A' kharab land against the provisions of the Karnataka Land Revenue Act, 1964.
6. When it is not in dispute that 19 Guntas of 'B' kharab land was converted as 'A' kharab land vide order dated 23.12.2014 by the Deputy Commissioner, the
HC-KAR
Special Land Grabbing Court would not have the jurisdiction to question the order passed by the Deputy Commissioner. It is the only basis on which the Special Land Grabbing Court has proceeded to reject the application filed by the petitioner under Section 227 of the Cr.P.C.
7. Whether the order dated 23.12.2014 is correct, valid and legal cannot be adjudicated by the Special Land Grabbing Court. This order could be challenged in appropriate Forum, but the Special Land Grabbing Court does not possess the jurisdiction to comment upon the validity or legality of the order of conversion. The Special Land Grabbing Court has proceeded to reject the application only on the ground that the order dated 23.12.2014 converting 19 Guntas of 'B' kharab land into 'A' kharab land was illegal and therefore, the petitioner should be held to have encroached the Government land. We therefore, find substance in the submission advanced by learned counsel for the petitioner that the impugned
HC-KAR
order passed by the Special Land Grabbing Court rejecting the application of discharge filed under Section 227 of the Cr.P.C is unsustainable. We therefore, allow the Writ Petition and set-aside the order passed by the Special Land Grabbing Court dated 04.01.2024 taking cognizance against the petitioner and also the order dated 30.12.2025 rejecting the discharge application filed by the petitioner.
8. The petitioner stands discharged from the case. However, the complainants may take recourse to the appropriate proceedings if they are so advised against the order of Conversion dated 23.12.2014.
Sd/- (D K SINGH) JUDGE
sd/- (T.M.NADAF) JUDGE
TKN List No.: 2 Sl No.: 9