B. S. YEDDYURAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner claiming to be one of the prominent political leaders of the State of Karnataka and the State President of BJP and Chief Minister of the State has filed this petition under Article 226 and 227 of the Constitution of India r/w section 482 of Cr.P.C. seeking to quash the complaint dated 30.04.2015(Annexure-A) and FIR dated 05.05.2015 registered against him in Cr.No.27/2015 for the alleged offences punishable under section 13(1)(c), 13(1) (d) r/w 13(2) of Prevention of Corruption Act, 1988 (for short 'P.C. Act') and sections 409, 413, 420, 120(b) r/w 34 IPC and sections 3 and 4 of The Karnataka Land (Restriction on Transfer) Act, 1991.

(2.) The brief facts of the case are as follows:- Respondent No.2 Sri. Jaykumar Hiremath filed a complaint before the Superintendent of Police, Karnataka Lokayukta (respondent No.1) on 30.04.2015 based on which, FIR in Cr.No.27/2015 was registered against the petitioner Sri. B.S. Yeddyurappa (former Chief Minister) Sri. H.D. Kumaraswamy(Former Chief Minister), Smt. Vimala, Channappa, Sri. M. Rajashekaraiah and other officials. In the complaint, it was alleged that the land bearing Sy.Nos.7/1B, 7/1C and 7/1D each comprising 17 guntas totally measuring 1 acre 11 guntas of Gangenahalli village was acquired for extension of Matadahalli Layout vide preliminary notification dated 16.03.1976 under section 4(1) of Land Acquisition Act, 1984, published in Official gazette vide No.ALQ/LAI/PR122/75-76 dated 25.03.1976. Final notification under section 6(1) of the Land Acquisition Act dated 30.11.1977 was published on 08.12.1977. Section 5(A) proceedings were conducted and an award in respect of the above mentioned lands was passed and approved by the Special Deputy Commissioner on 04.11.1978. Possession of the land bearing Sy.No.7/1B and 7/1D was taken and handed over to engineer section on 18.01.1979. Possession of the land in Sy.No.7/1C was taken and handed over to engineer section on 06.03.1979, and notification under section 16(2) of Land Acquisition Act was published in Karnataka Gazette on 21.04.1988. One Thimmappa Reddy, T. Nagappa, Muniswamappa were shown as owners and khatedhars of the above mentioned lands. Thus the acquisition proceedings were completed in respect of the lands vested with the Government free from all encumbrances, as such, it was not permissible to denotify these lands by any authorities including the Chief Ministers.

(3.) When position stood thus, one Rajashekaraiah made an application dated 28.02.2007 addressed to the Chief Minister seeking de-notification of the above lands claiming that he was in possession of the lands. Accused No.2 Sri. H.D. Kumaraswamy who happened to be the Chief Minister at that point of time directed his personal secretary to put up the file. Accordingly, file was put up. However, the concerned officials promptly reported that the land acquisition proceedings having already been completed and notification under section 16(2) of the Land Acquisition Act having been issued, the law do not permit denotification of the lands. Inspite of the said notings, accused No.2 Sri. H.D. Kumaraswamy directed the authorities to enquire into the matter and ascertain whether actual possession was taken or not. The then Joint secretary put up a note reiterating that the possession was already taken and notification under section 16(2) of the Land Acquisition Act has been published and this aspect be brought to the notice of the Governor and the matter be closed. In the mean-time, Sri. H.D. Kumaraswamy ceased to be the Chief Minister and the petitioner Sri. B.S. Yeddyurappa occupied the position of Chief Minister of Karnataka and file was put up before him and instantly, he passed an order directing to de-notify the lands in question. Following this order, the authorities published a notification dated 07.06.2010 denotifying the lands vide notification in No.UDD/424/MNX/2007 dated 07.05.2010.