Writ Appeal No. 281 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:22567-DB WA No. 281 of 2024 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT APPEAL NO. 281 OF 2024 (LA-KIADB) BETWEEN:
Legal Reasoning
1. MR. ABDUL ALEEM S/O MOHAMMED ISHAQ AGED ABOUT 57 YEARS 2. MR. MOHAMMED SALEEM S/O MOHAMMED ISHAQ AGED ABOUT 59 YEARS 3. MRS. SHARIEFA ISHAQ W/O MOHAMMED ISHQ AGED ABOUT 86 YEARS ALL ARE RESIDING AT No.10, BASAPPA ROAD SHANTHI NAGAR BENGALURU-560 027 (BY SRI. VEERENDRA SHARMA R., ADVOCATE) …APPELLANTS AND: 1. STATE OF KARNATAKA BY ITS SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001 Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:22567-DB WA No. 281 of 2024 HC-KAR 2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REPRESENTED BY ITS COMMISSIONER No.14/3, 2ND FLOOR, R.P. BUILDING NRUPATHUNGA ROAD BENGALURU-560 001 3. SPECIAL LAND ACQUISITION OFFICER-1 OFFICE No.39, K.I.A.D.B. BHARATH SCOUTS AND GUIDES BUILDING "SHANTHI GRUHA", 4TH FLOOR PALACE ROAD, BENGALURU-560 001 4. TAHSILDAR NELAMANGALA TALUK BENGALURU RURAL DISTRICT-562 123 5. MR. GOVINDARAJU T. S/O THIMMAIAH AGED ABOUT 75 YEARS KAREHALLI VILLAGE OBALAPURA (P) THYAMAGONDLU HOBLI NELAMANGALA (T) BENGALURU RURAL DISTRICT-562 132 (BY SRI. G.S. ARUN, AGA FOR R1 & R4; SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2 & R3; SRI. KEMPARAJU B.G., ADVOCATE FOR R5) …RESPONDENTS THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASDIE THE ORDER OF LEARNED SINGLE JUDGE DATED 08.01.2024 IN W.P.No.179/2024 IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:22567-DB WA No. 281 of 2024 HC-KAR CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Heard the learned counsel appearing on either side. 2. Learned counsel appearing for the appellants referring specifically to Annexures- M and N submits that the dispute with regard to ownership and possession of 2 acres of property in Sy.No.98 of Karehalli Village, Thyamagondlu Hobli, Nelamangala Taluk, Bengaluru Rural District, stands settled in favour of the appellants herein. The Karnataka Appellate Tribunal (KAT) had, by its order dated 13.11.2003, allowed the appeal preferred by the appellants and set aside the order under appeal, which gave a quietus to the claim of the appellants in respect of 2 acres of property in Sy.No.98. The private respondent herein had filed W.P.No.3552/2004 which was as against the order of the Tribunal, which was dismissed as - 4 - NC: 2025:KHC:22567-DB WA No. 281 of 2024 HC-KAR withdrawn on 27.01.2004 reserving liberty to file a review petition before the Appellate Tribunal. Thereafter, another writ petition was filed by the private respondent as W.P.No.3551/2004 which was dismissed on 09.07.2007 on the ground that it is highly belated. 3. It is further submitted that the present claim of the private respondent which is referred to by the learned Single Judge is at Annexure-Q9, which specifically reads as under; "The said property has been acquired for the MMLP purpose. Sri T Govindaraju S/o Late Thimmayya has submitted the objection while distribution of compensation, the said sy no: 97 he is undertaking unofficial cultivation in said area. The said has submitted the application in prescribed form for sanction under Akrama Sakrama in Sy. No: 97 under unauthorized cultivation. Therefore, objection has the been compensation. Therefore, I am expecting clarification immediately about following aspects. for non payment of submitted 1. Whether Sri Sharifa Isaq W/o Mohammad Iraq and Mohammad Salim Abdul Arif S/o Mohammad Isak are Khatedars occupants of the land in Sy No: 98 in Karehalli village or they are under occupancy of Sy No: 97? - 5 - NC: 2025:KHC:22567-DB WA No. 281 of 2024 HC-KAR under objection, 2. Whether Sri T Govindaraju S/o Late Thimmayya submitted unauthorized is occupation of Sy No: 97? If the said is under unauthorized occupation of said property, whether said has submitted the application for grant of unauthorized holding within prescribed time? And whether the application of said is pending before Akrama Sakrama committee for enquiry? It has been appealed to provide report for above mentioned aspects immediately." 4. It is submitted by the learned counsel appearing for the appellants that the claim raised by the private respondent is specifically with regard to Sy.No.97 and that the appellants herein have no land in Sy.No.97 and that they are confining their claim to 2 acres of property in Sy.No.98 which is covered by Annexures-M, N and P judgments. 5. Learned counsel appearing for respondents No.2 and 3 submits that in case there is no dispute with regard to property in Sy.No.98 and incase the appellants approach the respondents with proper identification and the documents with regard to the property, respondents - 6 - NC: 2025:KHC:22567-DB WA No. 281 of 2024 HC-KAR No.2 and 3 will look into the claim and pass appropriate award and take necessary action in accordance with law. 6. Learned counsel appearing for the contesting respondent, on the other hand, contends that the property of the appellants is actually in Sy.No.97 and that it is the said property to which he is raising claim in the appeal. 7. In view of the admitted position that the appellants are khathadhars of 2 acres of land in Sy.No.98 and since the contesting respondent has not raised any claim with regard to property in Sy.No.98, we are of the opinion that the said issue does not require to be considered in this proceeding. The contention of the respondent with regard to his right over the property in Sy.No.97 is left open to be decided in appropriate proceeding. The writ appeal is disposed of with a direction that incase the appellants approach respondents No.2 and 3 with appropriate documents and proper identification, compensation due in respect 2 acres of - 7 - NC: 2025:KHC:22567-DB WA No. 281 of 2024 HC-KAR property in Sy.No.98 shall be released to the appellants on proper identification and verification. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE PN List No.: 1 Sl No.: 21