Writ Petition No. 17590 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:8950 WP No. 17590 of 2024 C/W WP No. 2155 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 17590 OF 2024 (LA-KIADB) C/W WRIT PETITION NO. 2155 OF 2025 (LA-KIADB) IN WP No. 17590/2024 BETWEEN: THE MYSORE STONEWARE PIPES AND POTTERIES LTD THE COMPANY HAVING REGD. OFFICE AT 11TH CROSS, 6TH MAIN, SADASHIVANAGAR BANGALORE 560080 REP. BY ITS EXECUTIVE DIRECTOR SRI RAJIV RAMOHALLI COMPANY REG. UNDER MYSORE COMPANIES REGISTRATION ACT, 1917. Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA …PETITIONER
Legal Reasoning
(BY SRI. UDAYA HOLLA., SR. COUNSEL FOR SRI. VYASA KIRAN UPADHYA B R., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE VIKAS SOUDHA, BENGALURU- 560001 REPRSENTED BY ITS PRINCIPAL SECRETARY - 2 - NC: 2025:KHC:8950 WP No. 17590 of 2024 C/W WP No. 2155 of 2025 2. KARNATKAA INDUSTRIAL AREA DEVELOPMENT BOARD (KIADB) HAVING ITS OFFICE AT NRUPATHUNGA ROAD BENGALURU-560001 REP BY ITS SPECIAL LAND ACQUISTION OFFICER – 02 3. RAIL INFRASTRUCTURE DEVELOPMENT COMPANY (KARNATAKA ) LTD HAVING ITS OFFICE AT 1ST FLOOR SAMPARKA SOUDHA, OPP ORION MALL DR RAJKUMAR ROAD RAJAJINAGAR 1ST BLOCK BENGALURU -560010 REP BY ITS DIRECTOR 4. SMT T A JAGADAMBA W/O SRI E KRISHANPPA AGED ABOUT 53 YEARS NO 1, ADAKIMRANAHALLI VILLAGE 21ST KM TUMKUR ROAD, MAKALI POST BANGALORE- 562123 (BY SRI. SPOORTHI HEGDE N., HCGP FOR R1 SRI. SIDDARTH P DESAI., ADVOCATE FOR R2 SRI. H.L. PRADEEP KUMAR., ADVOCATE FOR R3 SRI. MANJUNATH K.V., ADVOCATE FOR R4) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICES ISSUED UNDER SECTION 28(6) OF THE KIAD ACT DTD 14.12.2023 BY R2 IN RESPECT OF LAND BEARING SY.NO.80/1, 80/3A AND 81/2 OF CHIKKABANAVARA VILLAGE, YESHWANTHAPUR HOBLI, AT ANNEXURE-R, R1 AND R2 AND DIRECT THE R2 AND 3 TO CONSIDER PETITIONERS REPRESENTATION DD 06.06.2024, AT ANNX-S AND CONSEQUENTLY DISBURSE THE COMPENSATION AMOUNT IN - 3 - NC: 2025:KHC:8950 WP No. 17590 of 2024 C/W WP No. 2155 of 2025 RESPECT OF ACQUIRED LAND BEARING SY,.NO.80/1,80/3 AND 81/2 OF CHIKKABANAVARA VILLAGE, YESHWANTHPUR HOBLI IN FAVOR OF THE PETITIONER AND ETC. IN WP NO. 2155/2025 BETWEEN: THE MYSORE STONEWARE PIPES AND POTTERIES LTD THE COMPANY HAVING REGD. OFFICE AT 11TH CROSS, 6TH MAIN, SADASHIVANAGAR BANGALORE- 560080 REP. BY ITS EXECUTIVE DIRECTOR SRI RAJIV RAMOHALLI COMPANY REG. UNDER MYSORE COMPANIES REGISTRATION ACT, 1917. (BY SRI. UDAYA HOLLA., SR. COUNSEL FOR SRI. VYASA KIRAN UPADHYA B R., ADVOCATE) …PETITIONER AND: 1. STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE, VIKAS SOUDHA, BENGALURU- 560001 REP. BY ITS PRINCIPAL SECRETARY 2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (KIADB), HAVING ITS OFFICE AT NRUPATUNGA ROAD BENGALURU -560001 REPRESENTED BY ITS SPECIAL LAND ACQUISITION OFFICER – 02 3. RAIL INFRASTRUCTURE DEVELOPMENT COMPANY (KARNATAKA) LTD, HAVING ITS OFFICE AT, 1ST FLOOR, SAMPARKA SOUDHA OPP. ORION MALL, DR. RAJKUMAR ROAD RAJAJINAGAR 1ST BLOCK, - 4 - NC: 2025:KHC:8950 WP No. 17590 of 2024 C/W WP No. 2155 of 2025 BENGALURU-560010 REPRESENTED BY ITS DIRECTOR IT’S A COMPANY REG. UNDER COMPANIES ACT 4. H MOHAN KUMAR S/O LATE HANUMANTHACHAR R/AT NO.3-161-162, UDAYA RESIDENCY, BHADRAPPA BADAVANE, NAGASHETTIHALLI, BENGALURU-560 096. 5. LAKSHMINARAMMA W/O LATE HANUMANTHACHAR R/AT NO.1028, 5TH MAIN, 3RD STAGE, 3RD BLOCK, BASAVESHWARA NAGAR, BENGALURU-560 079 6. K NARAYAN S/O KRISHNAPPA @ KRISHNACHARI R/AT NO.42, NEAR SRIRAM TEMPLE, HESARAGHATTA MAIN ROAD, CHIKKABANAVAR, BENGALURU-560 090. (BY SRI. SPOORTHI HEGDE N., HCGP FOR R1 SRI. ASHOK N NAYAK., ADVOCATE FOR R2 SRI. N.N.HARISH., ADVOCATE FOR R3 SRI. MANJUNATH K.V., ADVOCATE FOR R6) ...RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 AND 3 TO CONSIDER PETITIONERS REPRESENTATION DTD. 20.12.2024 ANNX-K AND CONSEQUENTLY DISBURSE THE COMPENSATION AMOUNT IN RESPECT OF ACQUIRED LAND BEARING SY.NO. 80/2 VILLAGE, AND YESHWANTHAPUR HOBLI, BANGALORE NORTH TALUK IN FAVOUR OF THE PETITIONER AND ETC. CHIKKABANAVARA 81/1 OF - 5 - NC: 2025:KHC:8950 WP No. 17590 of 2024 C/W WP No. 2155 of 2025 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL COMMON ORDER In both these writ petitions, the parties are common and therefore, these matters are clubbed, heard together
Decision
and are being disposed of by this common order. 2. Learned Senior Counsel Sri. Udaya Holla, appearing for the petitioner has drawn the attention of this Court to order dated 28.05.2024 passed by this Court in W.P.No.2346 of 2019, which was a writ petition filed at the hands of the 4th respondent herein. It is submitted that the 4th respondent claimed to have purchased the lands in question under various registered sale deeds during the year 2007. Thereafter, the 4th respondent sought for entry of her name in the revenue records. The Deputy Commissioner by order dated 14.12.2018 rejected the claim of the 4th respondent and therefore, the 4th respondent was before this Court. This Court accepted the contention of the petitioner herein that the lands were - 6 - NC: 2025:KHC:8950 WP No. 17590 of 2024 C/W WP No. 2155 of 2025 acquired for the benefit of the petitioner by His Highness Maharaja of Mysore, under a preliminary notification dated 24.06.1938 and final notification dated 24.06.1978 and the Assistant Commissioner was directed to exercise the powers of the Deputy Commissioner to take possession of the acquired lands on expiry of 15 days from the date of publication of notice under Section 9 of the Land Acquisition Act, 1894. That being the position, the claim of the 4th respondent herein that she purchased the lands at the hands of the erstwhile owners who had no title over the property, was rejected by this Court since the sale deeds did not pass on any title to the 4th respondent. Accordingly, the writ petition filed by the 4th respondent was dismissed. Learned Senior Counsel for the petitioner submits that the 4th respondent had taken up the matter before the Hon’ble Division Bench in W.A.No.939/2024 and the writ appeal was dismissed by order dated 22.08.2024. That being the position, the learned Senior Counsel would submit that the Special Land Acquisition Officer of the 2nd respondent-KIADB should be directed to consider to the - 7 - NC: 2025:KHC:8950 WP No. 17590 of 2024 C/W WP No. 2155 of 2025 release the compensation amount to the petitioner while rejecting the claim of the 4th respondent. 3. Learned Counsel for the 4th respondent would however submit that the 4th respondent continues to be in possession of the property in terms of the sale deeds and therefore, the claim of the 4th respondent also should be considered by the Special Land Acquisition Officer. 4. Having heard the learned Senior Counsel appearing for the petitioner, learned Counsel for the 4th respondent, learned Counsel for the respondent-KIADB and on perusing the petition papers, this Court is of the considered opinion that the Special Land Acquisition Officer is required to take note of the orders passed by this Court and confirmed by the Hon’ble Division Bench, before proceeding to release the compensation amount in accordance with law. 5. These writ petitions are accordingly disposed of with a specific direction to the Special Land Acquisition Officer of the 2nd respondent-KIADB to consider the claim - 8 - NC: 2025:KHC:8950 WP No. 17590 of 2024 C/W WP No. 2155 of 2025 of the petitioner for release of the compensation amount as determined in respect of the lands acquired by the 2nd respondent for the benefit of the 3rd respondent. Needless to observe that the Special Land Acquisition Officer may also hear the 4th respondent before passing orders and releasing the compensation amount in accordance with law. 6. If there is any request made by the parties not to release the compensation amount for a period of two weeks from the date when which the order is passed, the Special Land Acquisition Officer shall also consider the said request. 7. Pending I.As., if any, stand disposed of. Sd/- (R DEVDAS) JUDGE DL CT: JL