Karnataka High Court
WP/11728/2024 of M/S RASHI DEVELOPERS Vs THE STATE OF KARNATAKA on 27 April 2026
NC: 2026:KHC:23346-DB WP No. 11728 of 2024 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. 11728 OF 2024 (KLGP) BETWEEN: 1. M/S RASHI DEVELOPERS REGISTERED
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. 11728 OF 2024 (KLGP)
BETWEEN:
1.
M/S RASHI DEVELOPERS
REGISTERED PARTNERSHIP FIRM
OFFICE AT NO.C-205, 2ND FLOOR
HOUSE OF LORDS, ST. MARKS ROAD
BANGALORE-560 001
REP. BY ITS PARTNERS
SHIVAKUMAR C UDASI
S/O CHANNABASAPPA M UDASI
AGED ABOUT 55 YEARS.
2.
S RAMANA PRASAD REDDY
S/O G SRINIVAS REDDY
MANAGING PARTNER
M/S RASHI DEVELOPERS
OFFICE AT NO.C-205, 2ND FLOOR
HOUSE OF LORDS, ST. MARKS ROAD
BANGALORE-560 001
REPRESENTED BY ITS GPA HOLDER
SMT. JEEVITHA R REDDY
D/O S RAMANNA PRASAD REDDY
AGED ABOUT 36 YEARS.
3.
SHIVAKUAMR C UDASI
S/O CHANNABASAPPA M UDASI
PARTNER M/S RASHI DEVELOPERS
OFFICE AT NO.C-205, 2ND FLOOR
HOUSE OF LORDS, ST. MARKS ROAD
BANGALORE-560 001.
Digitally
signed by
REKHA R
Location:
High Court
of Karnataka
HC-KAR
4.
SRI S SURESH
S/O LATE HANUMANTHAIAH
AGED ABOUT 47 YEARS
R/AT CHANNENAHALLI VILLAGE
THAVEREKERE HOBLI
KADUBAGERE POST
BANGALORE SOUTH TALUK
BANGALORE URBAN-562 130.
5.
RAMESH @ RAMANI
S/O VENKATA HANUMAIAH
AGED ABOUT 45 YEARS
R/AT CHANNENAHALLI VILLAGE
THAVEREKERE HOBLI
KADUBAGERE POST
BANGALORE SOUTH TALUK
BANGALORE URBAN-562 130.
6.
MADHAN MOHAN REDDY
S/O K V RANGANATH REDDY
AGED ABOUT 52 YEARS,
R/AT NO.116, KHB COLONY
KORAMANGALA
…PETITIONERS
(BY SRI. UDAYA HOLLA, SENIOR ADVOCATE FOR
SRI. SANDEEP LAHIRI., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REP. BY SPECIAL PUBLIC PROSECUTOR
ATTACHED TO SPECIAL COURT FOR LAND
GRABBING PROHIBITION IN KARNATAKA
3RD FLOOR, KANDAYA BHAVAN
KG ROAD, BANGALORE-560 010.
2.
H LINGAPPA
S/O LATE HONNAPPA
AGED ABOUT 74 YEARS
R/AT NO.108
HONNAGANAHATTI VILLAGE
HC-KAR
BANGALORE SOUTH TALUK
BANGALORE-562 130.
3.
THE TAHSILDAR
BANGALORE SOUTH TALUK
KANDAYA BHAVAN, GROUND FLOOR
KG ROAD, BANGALORE-560 009.
…RESPONDENTS
(BY SRI. G.S ARUNA, HCGP FOR R1 AND R3;
SRI. P.M SIDDAMALLAPPA., ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
A
WRIT
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ORDER
OR
DIRECTION
IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO QUASH THE ORDER OF TAKING COGNIZANCE DATED 09.01.2024 FOR THE OFFENCE PUNISHABLE UNDER SECTION 4(3) OF THE KARNATAKA LAND GRABBING PROHIBITION ACT 2011, AGAINST THE PETITIONERS, PASSED IN L.G.C(P) No.1/2022 PENDING ON THE FILE OF THE KLGP SPECIAL COURT AT BANGALORE (ANNEXURE-A1) AND 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
ORAL ORDER
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present writ petition has been filed impugning the order dated 09.01.2024 passed by the L.G.C.(P) No.1/2022 by the Court of Karnataka Land Grabbing Prohibition Special Court at Bangalore.
HC-KAR
2. The allegations against the petitioners are that the petitioners have encroached upon the water channel and have constructed the bridge/ culvert by putting Hume pipe underneath. On 30.03.2023, the counsels representing the parties before the Karnataka Land Grabbing Prohibition Special Court had agreed to maintain the status quo in respect of the suit property. But despite the status quo, the petitioner/vendor had executed the sale deed on 25.05.2023 in favour of one Sri.M.B. Sunil Kumar Singh, in respect of Site No.161 Khata No.462 of Honniganahatti Village, Tavarekere Hobli, Bangalore South Taluk. The land of water channel is B Kharab land that is a Government land and if there is encroachment of B Kharab land, the Tribunal has opined that there would be chances of the petitioner further encroaching upon the Government land. Therefore, the application filed under Order XXXIX Rule 1 and 2 read with Section 151 of Code of Civil Procedure read with section 21 of the Karnataka Land Grabbing Prohibition Act, 2011, has been allowed and the petitioners have been injuncted/restrained from alienating
HC-KAR
or creating any encumbrance in respect of the following properties:
(a) "Sy. No. 19 of Honniganahatti village to an extent of 09 guntas of B kharab land (b) Sy. No. 27/1 of Honniganahatti village to an extent of 03 guntas of B kharab land
(c) Sy. No. 27/2 of Honniganahatti village to an extent of 04 guntas of B kharab land `
(d) Sy. No. 30/16 of Honniganahatti village to an extent of 12 guntas of B kharab land (e) Sy.No.33 of Honniganahatti Village to an extent of 0.03 guntas of A kharab land."
3. We have been taken through the photographs of the sites, which would suggest that the water channel is sought to be diverted by the petitioners and they have put a culvert by putting the hume pipe underneath.
4. No permission by the competent authority has been brought on record to divert the water channel. We therefore, do not find that the impugned order requires an interference by this Court. The petitioners are entitled to take their defence as may be available to them during
HC-KAR
trial. This order is passed without prejudice to their right for defence during the course of Trial. Accordingly, the appeal is dismissed.
Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
PK List No.: 1 Sl No.: 16