Karnataka High Court
WP/7781/2021 of M/S. SOBHA LIMITED Vs THE STATE OF KARNATAKA on 27 April 2026
NC: 2026:KHC:23777-DB WP No. 7781 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 7781 OF 2021 (KLGP) BETWEEN: 1. M/S. SOBHA LIMITED A COMPANY
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF APRIL, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION NO. 7781 OF 2021 (KLGP)
BETWEEN:
1.
M/S. SOBHA LIMITED
A COMPANY REGISTERED UNDER
THE COMPANIES ACT 1956
HAVING ITS REGISTERED AT
SOBHA SARJAPUR
MARTHAHALLI OUTER RING ROAD ORR
DEVERABEESANAHALLI
BELLANDUR POST
BENGALURU-560103
REPRESENTED BY ITS
AUTHORISED SIGNATORY
MR RAJESH MARATHE
…PETITIONER
(BY SRI. MADHUKAR DESHPANDE., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF FORESTS
ECOLOGY AND ENVIRONMENT
M S BUILDING
DR AMBEDKR VEEDHI
BENGALURU-560 001
2.
RANGE FOREST OFFICER
KAGGALIPURA RANGE
KAGGALIPURA KANAKAPURA ROAD,
Digitally
signed by
VASANTHA
KUMARY B
K
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
BENGALURU SOUTH TALUK
BENGALURU-560 082
3.
SECRETARY
SOBHA FOREST VIEW OWNERS ASSOCIATION
SOBHA FOREST VIEW APARTMENT
100 FEET ROAD KANAKAPURA ROAD,
BANASHANKARI 6TH STAGE
BENGALURU-560 062
…RESPONDENTS
(BY SRI. G.S.ARUNA, HCGP FOR R1 AND R2;
VIDE ORDER DATED:23.04.2021, NOTICE TO R3
STANDS DISPENSED WITH)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION, QUASHING THE COMPLIANT DATED 21/10/2019
(ANNEXURE-A) FILED BY RESPONDENT NOS.1 AND 2 BEFORE
THE KARNATAKA LAND GRABBING PROHIBITION SPECIAL
COURT, AT BENGALURU, ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN '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
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
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 02.02.2021 passed by the Karnataka Land Grabbing Prohibition Special Court, Bengaluru in LGC(G)No.544/2020 taking
HC-KAR
cognizance of the offence punishable under Sections 4(3) of the Karnataka Land Grabbing Prohibition Act, 2011 against the petitioner, who is a builder real estate developer, as well as the entire proceedings of the said case pending before the Land Grabbing Court in LGC (G)No.544/2020.
2. Mr. Madhukar Deshpande, learned counsel for the petitioner submits that the Forest Department earlier initiated proceedings against the petitioner under Section 24 (G) 24(GG), 24 (H), 73(D), 81 and 104 of the Karnataka Forest Act, 1963. However, the proceedings were subsequently dropped and the boundaries of the petitioner's land were fixed. It is submitted that the petitioner has not encroached upon any forest land thereafter. However, a complaint came to be filed alleging that the petitioner has encroached upon the forest land. The complaint in sum and substance is regarding encroaching of 17 guntas of land in Sy.No.5 of Uttarahalli Manavarthe Kaval, Uttarahalli Hobli, Bengaluru South Taluk.
3. The Forest Officer himself has made allegations in the complaint against the petitioner regarding encroachment of 17 guntas of land in Sy.No.5. When the allegations have been
HC-KAR
made by none other than the Forest Officer and on the basis of those allegations, cognizance of the offence has been taken and the allegations would disclose a prima facie case against the petitioner, we do not think that this Court can interfere in exercising power under Article 227 of the Constitution of India. Thus, we find no merit and accordingly, the writ petition stands dismissed. However, without costs. Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
RKA List No.: 1 Sl No.: 8