MR. LAL BAHADUR SHASTRI @ LAL BAHADUR SHASTRA vs MR. M NARAYANA SWAMY

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HC-KAR
NC: 2026:KHC:62016
CRL.P No. 17146 of 2025


CNR: KAHC010821792025




IN THE HIGH COURT OF KARNATAKA AT BENGALURU


TH
DATED THIS THE 6 DAY OF NOVEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

CRIMINAL PETITION NO. 17146 OF 2025

(482(Cr.PC) / 528(BNSS)-)

BETWEEN:

MR. LAL BAHADUR SHASTRI @ LAL BAHADUR SHASTRA
AGED ABOUT 60 YEARS,
S/O NARAYANAPPA
R/AT WARD NO.1 TAMAKA,
KOLAR TOWN, KOLAR TALUK
KOLAR DISTRICT-563101

…PETITIONER
(BY SRI. MOHANA CHANDRA P.,ADVOCATE)

AND:

MR. M NARAYANA SWAMY
S/O MUNIYAPPA
WARD NO.1, TAMAKA
KOLAR TOWN, KOLAR TALUK
KOLAR DISTRICT-563101

…RESPONDENT
(BY SRI. BHASKAR C R., ADVOCATE)

THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S
528 BNSS) PRAYING TO QUASH THE IMPUGNED ORDER DATED 29-
08-2025 PASSED BY THE COURT OF KARNATAKA LAND GRABBING
PROHIBITION SPECIAL COURT, BANGALORE IN LGC (P) NO.87/2022
ISSUING DIRECTION TO THE COMMISSIONER, CMC, KOLAR SUBMIT
REPORT WHETHER THERE IS ANY ENCROACHMENT OF LAND ETC. BY
THE PETITIONER IN THE ABOVE CASE.













Digitally Signed By:
SURAJ GOVINDA RAJ
13/11/2026, 14:20, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:62016
CRL.P No. 17146 of 2025


CNR: KAHC010821792025


THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER


1. The petitioner is before this Court seeking for the
following reliefs:
(a) Quash the impugned order dated 29-08-2025
passed by the court of Karnataka Land Grabbing
Prohibition Special Court, Bangalore in LGC (P)
No.87/2022 issuing direction to the Commissioner,
CMC, Kolar submit report whether there is any
encroachment of land etc. by the petitioner in the
above case.


2. The complaint came to be filed alleging that the
petitioner had encroached upon municipal property
measuring 52 feet x 42 feet, whereas the extent of
land claimed by him in Khata No.164/1, Ward No.1,
Kolar City Municipal Council, was only 10 feet x 15
feet. The complaint further alleged that documents
had been fabricated or created to enlarge the extent
of the property and that the municipal authorities
had failed to take action against the petitioner
despite complaints having been submitted.
Digitally Signed By:
SURAJ GOVINDA RAJ
13/11/2026, 14:20, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:62016
CRL.P No. 17146 of 2025


CNR: KAHC010821792025



3. In view of the allegations made against the municipal
authorities, the Special Court called upon the
Commissioner, Kolar City Municipal Council, to
submit a report regarding the alleged encroachment.
The report was not forthcoming despite repeated
directions. The matter was consequently adjourned
on several occasions, and reminders were issued to
the municipal authorities. Notices were also directed
to be served through the jurisdictional police.

4. The Special Court, on considering the allegations in
the complaint, formed a prima facie opinion that
offences punishable under Sections 4 and 5 of the
Karnataka Land Grabbing Prohibition Act had been
committed. It accordingly took cognizance and issued
summons to the accused through the Police Sub-
Inspector, Kolar Town Police Station, returnable on
12.09.2023.

5. On 12.09.2023, a reminder was issued to the Police
Sub-Inspector. On 12.10.2023, a show-cause notice
was issued to the said officer, through the
Superintendent of Police, Kolar District, calling upon
him to explain why action should not be initiated for
failure to return the summons issued to the accused.
Digitally Signed By:
SURAJ GOVINDA RAJ
13/11/2026, 14:20, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:62016
CRL.P No. 17146 of 2025


CNR: KAHC010821792025


Summons were reissued through the Superintendent
of Police, Kolar District, returnable on 27.11.2023.

6. On 27.11.2023, it was reported that summons had
been served on the accused, but the accused had
remained absent. An application under Section 205
of the Code of Criminal Procedure, 1973, was filed on
behalf of the accused seeking exemption from
personal appearance. The same was allowed for that
day, with a direction to keep the accused present on
the next date of hearing. The matter was adjourned
to 15.02.2024.

7. On 15.02.2024, the accused remained absent despite
the direction issued by the Special Court. A non-
bailable warrant was accordingly issued through the
Police Sub-Inspector, Kolar Town Police Station,
returnable on 18.04.2024.

8. In the meanwhile, the matter was advanced on
10.04.2024 on an application filed under Section
70(2) of the Code of Criminal Procedure, 1973,
seeking recall of the non-bailable warrant. The
application was allowed subject to certain conditions.
On 18.04.2024, the charges were read over and
explained to the accused in a language known to
him, and the matter was adjourned to 28.06.2024.
Digitally Signed By:
SURAJ GOVINDA RAJ
13/11/2026, 14:20, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:62016
CRL.P No. 17146 of 2025


CNR: KAHC010821792025


On the latter date, summons were issued to the
complainant through the Police Sub-Inspector, Kolar.

9. On 27.09.2024, the complainant remained absent.
His son, however, appeared before the Special Court
and submitted that his father had suffered a stroke
and was unable to attend the Court to give evidence.
In view of the same, the Commissioner, City
Municipal Council, Kolar, was directed to furnish a
detailed report with reference to the allegations in
the complaint, particularly as to whether there was
any encroachment and, if so, the extent thereof and
other relevant particulars.

10. The matter was adjourned to 29.11.2024. Since
there was no representation on behalf of the
Commissioner, a bailable warrant in a sum of
₹1,00,000/- came to be issued against him,
returnable on 28.02.2025.

11. On 28.01.2025, the Revenue Officer from the office
of the Commissioner, City Municipal Council, Kolar,
appeared and filed a requisition seeking time. On
10.02.2025, the Revenue Inspector from the same
office appeared and sought further time. The Special
Court thereafter directed its office to address a
communication to the Tahsildar, Kolar, calling upon
Digitally Signed By:
SURAJ GOVINDA RAJ
13/11/2026, 14:20, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:62016
CRL.P No. 17146 of 2025


CNR: KAHC010821792025


him to furnish a detailed report regarding the alleged
encroachment, including the identity of the
encroachers, the extent of encroachment and a
survey sketch. The matter was adjourned to
24.03.2025.

12. On 24.03.2025, the Revenue Inspector filed a report
dated 21.03.2025. The Special Court found that the
report did not specifically address the allegations in
the complaint. In particular, it did not clearly indicate
whether any encroachment existed, the persons
responsible for such encroachment, the extent
thereof, or whether any application for regularisation
had been filed. The report was accordingly rejected
and the matter was adjourned to 08.05.2025.

13. On 08.05.2025, the accused and his counsel
remained absent. A non-bailable warrant was issued
against the accused through the Police Sub-
Inspector, Kolar. The Special Court also directed
issuance of a show-cause notice to the Police Sub-
Inspector regarding his failure to return the bailable
warrant issued against the Tahsildar, Kolar. A fresh
bailable warrant, quantified at ₹5,00,000/-, was
issued against the Tahsildar through the
Digitally Signed By:
SURAJ GOVINDA RAJ
13/11/2026, 14:20, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:62016
CRL.P No. 17146 of 2025


CNR: KAHC010821792025


Superintendent of Police, Kolar District, returnable on
18.07.2025.

14. On 18.07.2025, the Special Court noticed that the
Commissioner, City Municipal Council, Kolar, had not
submitted the required status report and adjourned
the matter to 29.08.2025. On that date, taking note
of the fact that the earlier report dated 21.03.2025
had been rejected, the Special Court once again
directed the Commissioner, City Municipal Council,
Kolar, to submit a report stating whether there was
any encroachment and, if so, the extent thereof, the
details of the persons responsible and a survey
sketch. The report was directed to be submitted on
or before the next date of hearing, i.e., 05.01.2026.

15. It is this direction dated 29.08.2025 that is called in
question in the present petition.

16. The chronology of proceedings before the Special
Court, set out above, speaks for itself. The complaint
was instituted in the year 2022, yet even after
repeated directions and several opportunities, the
factual report sought from the municipal authorities
has not been furnished in the manner required by
the Special Court. The report submitted on
21.03.2025 was found inadequate, as it did not
Digitally Signed By:
SURAJ GOVINDA RAJ
13/11/2026, 14:20, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:62016
CRL.P No. 17146 of 2025


CNR: KAHC010821792025


answer the specific questions raised by the Special
Court. No effective steps appear to have been taken
thereafter to furnish the required particulars.

17. The allegation in the complaint is that the
complainant claims land measuring 10 feet x 15 feet
in Khata No.164/1, whereas the petitioner is alleged
to have encroached upon a much larger extent of
municipal property measuring 52 feet x 42 feet by
relying upon fabricated or altered documents. The
petitioner, on the other hand, contends that his claim
is confined to the extent of 10 feet x 15 feet and that
he does not claim any additional area.

18. If that is indeed the petitioner's case, the question
requiring determination is a straightforward factual
one: whether any encroachment exists and, if so,
who is responsible for it and to what extent. This
would require a proper measurement of the property
and verification of the relevant municipal and
revenue records. If the petitioner has not encroached
upon any additional extent, the report would
establish that position. If any encroachment is found,
the authorities would be required to identify the
person responsible and take appropriate action in
accordance with law.
Digitally Signed By:
SURAJ GOVINDA RAJ
13/11/2026, 14:20, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:62016
CRL.P No. 17146 of 2025


CNR: KAHC010821792025



19. The order dated 29.08.2025 does not record any
finding that the petitioner has committed an
encroachment. It merely directs the Commissioner,
City Municipal Council, Kolar, to furnish a factual
report regarding the existence and extent of the
alleged encroachment, the identity of the persons
responsible and the relevant survey particulars. Such
a direction is necessary for the Special Court to
ascertain the actual factual position and proceed with
the matter in accordance with law.

20. The petitioner cannot have a legitimate grievance
against a direction which merely seeks an objective
and independent ascertainment of the extent of the
property and the existence or otherwise of an
encroachment. The report, when furnished, will have
to be considered by the Special Court in accordance
with law, after affording the parties an opportunity to
address the material placed on record. The petitioner
will have every opportunity to dispute the findings, if
any, in such report.

21. What is, however, a matter of serious concern is the
persistent failure of the municipal authorities to
furnish the report despite repeated directions over a
considerable period. Equally, the repeated failure to
Digitally Signed By:
SURAJ GOVINDA RAJ
13/11/2026, 14:20, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:62016
CRL.P No. 17146 of 2025


CNR: KAHC010821792025


comply with process issued by the Special Court and
the need to issue reminders and show-cause notices
to the jurisdictional police require examination. The
inaction of these authorities has substantially delayed
the proceedings and prevented the Special Court
from ascertaining the basic factual position
concerning the property.

22. The circumstances warrant an enquiry by the
competent authorities to ascertain the reasons for
such persistent non-compliance and whether any
officer has deliberately failed to discharge the duties
entrusted to him. The prolonged inaction also raises
a serious concern regarding the manner in which the
municipal and police authorities have dealt with the
directions of the Special Court. It is necessary that
the matter be examined at the appropriate
administrative levels and responsibility, if any, be
fixed.

23. In view of the above, the following directions are
issued:

a. The Director of Municipal Administration shall
examine the matter and cause an enquiry to be
conducted into the repeated failure of the
Commissioner, City Municipal Council, Kolar,
Digitally Signed By:
SURAJ GOVINDA RAJ
13/11/2026, 14:20, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:62016
CRL.P No. 17146 of 2025


CNR: KAHC010821792025


and the concerned municipal officers to furnish
the report called for by the Special Court.

b. The enquiry shall ascertain the reasons for the
delay, the steps taken by the municipal
authorities to measure and verify the property,
whether any officer has failed to discharge his
duties, and whether any action is warranted
against the officers concerned.

c. The Director of Municipal Administration shall
also ensure that a comprehensive report
addressing the specific directions issued by the
Special Court is furnished before the Special
Court within three weeks from the date of
receipt of a copy of this order.

d. The Director General and Inspector General of
Police shall examine the repeated failure to
comply with the process issued by the Special
Court and conduct or get conducted an enquiry
into the conduct of the jurisdictional police
officers concerned. If any dereliction of duty is
found, appropriate action shall be taken in
accordance with law.

Digitally Signed By:
SURAJ GOVINDA RAJ
13/11/2026, 14:20, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:62016
CRL.P No. 17146 of 2025


CNR: KAHC010821792025



24. In view of the foregoing discussion, no ground is
made out to interfere with the order dated
29.08.2025 passed by the Karnataka Land Grabbing
Prohibition Special Court, Bengaluru, in LGC (P)
No.87 of 2022. The petition is accordingly
dismissed .

25. It is further directed that the Commissioner, City
Municipal Council, Kolar, shall personally remain
present before the Special Court on 07.12.2026,
without awaiting any further notice, and ensure
compliance with the directions issued by the Special
Court and this Court.

26. All observations made herein are confined to the
consideration of the present petition. The Special
Court shall proceed with the matter independently
and in accordance with law.
Digitally Signed By:
SURAJ GOVINDA RAJ
13/11/2026, 14:20, Bengaluru


(SURAJ GOVINDARAJ)
JUDGE

Verified

LN
List No.: 1 Sl No.: 56