- Bookmark
- Share
- CaseIQ
S. CHETAN KUMAR v. THE STATE OF KARNATAKA
- 1 -
HC-KAR NC: 2025:KHC:53139-DB WP No. 11239 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15THDAY OF DECEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MS. JUSTICE TARA VITASTA GANJU
WRIT PETITION NO. 11239 OF 2023 (KLGP)
BETWEEN:
1. S. CHETAN KUMAR
S/O LATE T.M. SHIVASHANKAR
AGED ABOUT 49 YEARS,
SECRETARY COSMOPOLITAN CLUB, TIPTUR,
5THMAIN, K.R. EXTENSION,
TIPTUR - 572 201.
2. C.N.HARIBABU
S/O LATE C.B. NAGARAJ,
AGED ABOUT 65 YEARS,
DODDAPETE,
TIPTUR - 572 201.
3. M.N.SHIVANANDA,
S/O LATE. M.S. NEELAKANTASWAMY,
AGED ABOUT 63 YEARS,
KEREKODI CIRCLE, B.H. ROAD,
TIPTUR - 572 201.
4. G. NANDAKUMAR,
S/O LATE. K.M. GURUPADAPPA,
AGED ABOUT 63 YEARS,
- 2 -
DODDAPET,
TIPTUR - 572 201. …PETITIONERS
(BY SRI. GOUTHAM A. R., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE,
VIDHAN SOUDHA, AMBEDKAR VEEDHI,
BANGALORE - 560 001.
2. H.G. KUMARSWAMY
S/O GANGADHARAIAH,
AGED ABOUT 50 YEARS,
NO.411, VINAYAKA NAGAR,
B.H. ROAD,
TIPTUR - 572 201.
3. TAHSILDAR
TIPTUR TALUK,
TIPTUR - 572 201. …RESPONDENTS (BY SRI. G.S.ARUNA, HCGP FOR R1 & R3;
R2 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
READ WITH 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE COMPLAINANT AND TO 1. QUASH
ENTIRE PROCEEDINGS BEFORE THE LAND GRABBING
PROHIBITION SPECIAL COURTS (COURT HALL 01) IN No. 30/2023 PRODUCED AS ANNEXURE-G. 2. TO PASS SUCH
OTHER ORDER, RELIEFs OR ORDERS DEEMED FIT AND PROPER
- 3 -
IN THE FACTS AND CIRCUMSTANCES OF THE ABOVE PETITION,
IN THE INTEREST OF JUSTICE AND EQUITY. 3. GRANT SUCH
OTHER RELIEFS AS THIS HON'BLE COURT DEEMS FIT IN THE
CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF
JUSTICE.
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 MS. JUSTICE TARA VITASTA GANJU
ORAL ORDER
(PER: HON'BLE MR. JUSTICE D K SINGH) This writ petition has been filed to impugn the order dated 01.04.2023 and the entire proceedings pending before the Land Grabbing Prohibition Special Courts (CH-
1) at Bangalore in L.G.C.(G) No. 30 of 2023.
2. Learned counsel for the petitioner submits that the petitioners are former members of the governing body of the Cosmopolitan Club. The Club itself, registered as a society since 1934, is not impleaded as a party to the proceedings. He contends that since the Club is a body
- 4 -
corporate, it is the present managing committee that is duty-bound to answer the allegations of land grabbing, not the ex-members in their individual capacity.
3. He therefore submits that in the absence of the Cosmopolitan Club as a party, the complaint is not maintainable.
4. Having considered the substance of the submissions, we find merit in this contention. Accordingly, this writ petition is disposed of with the following direction:
5. The concerned Land Grabbing Court is directed to implead the Cosmopolitan Club, Tiptur Taluk, as a necessary party respondent in L.G.C.(G) No. 30 of 2023. The Court shall issue notice to the Club to respond to the allegations regarding the land grabbing of 2 acres and 20 guntas of government land.
6. Thereafter, if the Court considers the presence of the present petitioners necessary, it may issue fresh
- 5 -
summons to them. All contentions of both sides are kept open.
7. With the aforesaid direction, the present writ petition stands disposed of.
(D K SINGH)
JUDGE
(TARA VITASTA GANJU)
JUDGE
TIN
List No.: 1 Sl No.: 15
Alert