Writ Petition No. 887 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:2810 WP No. 887 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 887 OF 2025 (LA-KIADB) BETWEEN: SMT. GOWRAMMA @ MANGALA GOWRAMMA AGED ABOUT 74 YEARS D/O LATE DODDAIAH, W/O LATE GOVINDAIAH, R/A NO.444/A, NEW NO.124, SRINIVASA NILAYA, GOVT SCHOOL ROAD,1ST CROSS, MARATHAHALLI, BENGALURU-560 026. (BY SRI. NAGESH S., ADVOCATE) AND: Digitally signed by SUMA B N Location: High Court of Karnataka 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, REPRESENTED BY CHIEF EXECUTIVE OFFICER OFFICE AT NO.49, 4TH AND 5TH FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001. …PETITIONER - 2 - NC: 2025:KHC:2810 WP No. 887 of 2025 3. THE SPECIAL LAND ACQUISITION OFFICER-1,KIADB (BMICP) BENGALURU RURAL DISTRICT NO.14/3, MAHARSHI ARAVINDA BHAVANA,1ST FLOOR, NRUPATHUNGA ROAD BENGALURU-01.
Legal Reasoning
The order dated 20.12.2024 passed by this Court in WP No.34733/2024 reads as under: - 7 - NC: 2025:KHC:2810 WP No. 887 of 2025 "1. Heard learned counsel appearing for the parties. In this Writ Petition, the 2. petitioners are seeking a direction to to release the respondent-KIADB the compensation petitioners, since the land in question is the petitioners. favour of ancestral property of in to consider 3. In that view of the matter, without expressing any opinion on the merits of the case, respondent-KIADB is directed the dated 05.12.2024 representation the (Annexure-G), addressed respondent by the petitioners and pass appropriate order, in accordance with law, within three months from the date of receipt of certified copy of this Order. to
Arguments
4. SRI. M.G. RAJU @ RAJANNA S/O LATE. D. GANGANNA, AGED ABOUT 57 YEARS, 5. SRI. RAVI S/O LATE.D. GANGANNA AGED ABOUT 55 YEARS 6. SRI. RANGASWAMY S/O LATE D. GANGANNA, AGED ABOUT 47 YEARS, RESPONDENT NOS.4 TO 6 ARE RESIDING AT MAVINAKUNTE VILLAGE,THYAMGONDLU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562 132. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R-1; SRI. C. RAMAKRISHNA, ADVOCATE FOR R-2 AND R-3; SRI. RAGHAVENDRA A.S., ADVOCATE FOR R-4 TO R-6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NO.3 TO CONSIDER THE REPRESENTATION DATED 20-8-2024, 26-8-2024, 23-9-2024 AND 20-12-2024 VIDE ANNEXURE-F, F-1 TO F-20 AND DIRECT THEM NOT TO DISBURSE THE COMPENSATION OF LANDS IN QUESTION OR DIRECT THEM TO DEPOSIT THE ENTIRE COMPENSATION AMOUNT IN O.S.NO.701/2024 ON THE FILE OF ADDL.SENIOR CIVIL JUDGE NELAMANGALA IN RESPECT OF - 3 - NC: 2025:KHC:2810 WP No. 887 of 2025 A. THE LAND BEARING SY.NO.17/1, MEASURING 10.08 GUNTAS. B. THE LAND BEARING SY.NO.17/2A16, MEASURING 09.08 GUNTAS AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner is before this Court seeking for the following reliefs: dated "Issue writ of Mandamus and direct the respondent No.3 to consider the representation 20.08.2024, 23.9.2024 and 20.12.2024 vide Annexure- F, F1 and F2 and direct them not to disburse the compensation of lands in question or direct them to deposit the entire compensation of lands in question or direct them to deposit the amount in O.S.No.701/2024 on the file of Addl. Senior Civil Judge, Nelamangala in respect of: a. b. c. d. land The Sy.No.17/1, 10.08 guntas. bearing measuring land The bearing Sy.No.17/2A16, measuring 09.08 guntas. The land bearing Sy.No.26 measuring 01 acre 22 guntas. The land bearing Sy.No.26, measuring 31 guntas - 4 - NC: 2025:KHC:2810 WP No. 887 of 2025 e. f. g. h. i. j. k. l. m. n. o. property bearing The Sy.No.27 (New No.27/1), measuring 04 acre 30 guntas property The bearing Sy.No.38, measuring 04 acre 34 guntas The property Sy.No.46, measuring acres 25 guntas bearing 3 property the bearing Sy.No.47/1, measuring 22 guntas property The bearing Sy.No.49/2, measuring 2.07 guntas. property The bearing Sy.No.49/3B, measuring 1 acre 02 guntas The land bearing Sy.No.24, measuring 1 acre 02 guntas land The bearing Sy.No.27/1, measuring 4 acres 30 guntas land The bearing Sy.No.31/1 measuring 01 gunta land The bearing Sy.No.31/8, measuring 02 guntas land The bearing Sy.No.32,measuring 1 acre 36 guntas - 5 - NC: 2025:KHC:2810 WP No. 887 of 2025 p. q. r. s. t. u. The land bearing Sy.No.40, measuring 05 acres land bearing The Sy.No.40/1, measuring 3 acres land bearing The Sy.No.40/2, measuring 2 acres land bearing The Sy.No.45/7C measuring 1 acre 04 guntas land bearing The Sy.No.47/2, measuring 30 guntas land The bearing Sy.No.50/9, measuring 07 guntas, All are situated at Mavinakunte Village, Thyamagondlu Hobli, Nelamangala Taluk, Bengaluru Rural District. 2. Learned counsel for the petitioner taking this Court through the petition averments and the documents enclosed therein, submits that a suit in O.S.No.701/2024 filed by the petitioner herein against the private respondent for relief of partition and separate possession of various properties which have been notified by the respondent-Karnataka Industrial Areas Development Board (for short 'KIADB') for the purpose of acquisition. He further submits that the application was made in - 6 - NC: 2025:KHC:2810 WP No. 887 of 2025 the said suit to implead respondent-KIADB as a party- defendant which is allowed upon the no objection indicated by the private respondent herein. 3. He further contends that by suppressing the aforesaid facts in the matter, respondent Nos.4 to 6 had filed the petition in W.P.No.34733/2024 before this Court without making the petitioner a party and obtained the direction against respondent-KIADB to consider the representation for release of compensation in their name. He submits that respondent Nos.4 to 6 ought to have brought to the notice of this Court with regard to impleadment of respondent-KIADB in the suit as defendant party and without reference to that fact, an order came to be passed by this Court. He further submits that the order which is passed by this Court in the said writ petition is causing impediment in the disposal of the application before the Trial Court wherein the petitioner has now filed application for an order seeking disbursement of the compensation amount. 4.
Decision
4. With this observation, the Writ Petition is disposed of." Admittedly, respondent-KIADB has been impleaded as party defendant in the said suit in O.S.No.701/2024. Petitioner herein has also made an application seeking disbursement of compensation amount in the said suit which is pending consideration. - 8 - NC: 2025:KHC:2810 WP No. 887 of 2025 5. Learned counsel for the private respondents submits that they would appear before the Trial Court in O.S.No.701/2024 and pursue the remedy. 6. In view of the aforesaid peculiar facts and circumstances, the Writ Petition is allowed since the petitioner has filed an application before the Addl. Senior Civil Judge, Nelamangala in O.S.No.701/2024. The same shall be considered in accordance with law. 7. Respondent-KIADB shall not disburse the amount till consideration of the application filed by the petitioner in O.S.No.701/2024 before the Addl. Senior Civil Judge, Nelamangala. SD/- (M.G.S. KAMAL) JUDGE SSD List No.: 1 Sl No.: 10