DILERKHAN Vs. SMT. SHAHZAD BEGUM LIRE RAHAMATKHATIB

JUDGEMENT

(1.) The petitioners filed a suit in O.S. No. 118 of 2010 before the Civil Judge and Judicial Magistrate of First Class, Savanur, seeking for a declaration and consequential reliefs. By the impugned order, the same was transferred to the Special Court constituted under Karnataka Land Grabbing Prohibition Act, 2011 as per Letter No. KLGPSC, dated 3-6-2017 of Karnataka Land Grabbing Prohibition Special Court and (vide Office Letter No. RSB 23/17, dated 26-7-2017 of Honourable District and Sessions Judge, Haveri). Hence, the present petition challenging the said order.

(2.) Petitioners' Counsel submits that the Trial Court has erred in transferring the case to the Special Court. On considering the contention and the facts of the case, I find no merit in the petition. A Writ Court cannot issue a declaration of title to the property. The matter is presently transferred to the Special Court constituted for the said purpose. In terms of Sec. 20 of the Karnataka Land Grabbing Prohibition Act, 2011, it is for the Court to determine the rights of the parties as to whether the lands belongs to the plaintiffs or to the respondents or any other issues. Therefore, it is inappropriate to interfere. Consequently, the petition being devoid of merit, is dismissed.