Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:2319 WP No. 206 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 206 OF 2025 (LA-KIADB) BETWEEN:
SMT. RAJAMMA D/O HANUMANTHARAYAPPA W/O PRAKASH AGED ABOUT 38 YEARS RESIDING AT MALLARABANAVADI COLONY MALLARABANAVADI, KASABA HOBLI NELAMANGALA TALUK - 562 123. …PETITIONER (BY SRI NAGESH S., ADVOCATE) AND:
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.
Digitally signed by SUMA B N Location: High Court of Karnataka
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NC: 2025:KHC:2319 WP No. 206 of 2025
3.
THE SPECIAL LAND ACQUISITION OFFICER-2 THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD (KIADB) NEAR K.R. CIRCLE, OPP.RBI NRUPATHUNGA ROAD, BENGALURU - 01. …RESPONDENTS (BY SRI SPOORTHY HEGDE N., HCGP FOR R1;
SRI C.RAMAKRISHNA BHAT, ADVOCATE R2 & R3)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DTD.
12.01.2023 VIDE ANNX-A AND DIRECT THEM TO DEPOSIT THE ENTIRE COMPENSATION AMOUNT IN O.S.NO.267/2020 ON THE FILE SENIOR CIVIL JUDGE NELAMANGALA IN RESPECT OF LANDS IN SY.NO. 45/2 MEASURING 0.27 GUNTAS, SY.NO. 51/1 MEASURING 3.10 ACRES, SY.NO.64/1 MEASURING 1.16 ACRES AND SY.NO. 71/2 MEASURING 2.37 ACRES ALL ARE SITUATED AT MACHANAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK.
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
The petitioner, who is one of the defendants in O.S.No.267/2020, which is filed in respect of the lands in survey No.45/2, measuring to an extent of 27.08 guntas, survey No.51/1, measuring to an extent of 3 acres and 18 guntas, survey No.64/1, measuring 1 acre 16 guntas and survey No.71/2, measuring 2 acres 37 guntas, situated at
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NC: 2025:KHC:2319 WP No. 206 of 2025
Machanahalli village, Somapura Hobli, Nelamangala Taluk, Bengaluru Rural District, is before this Court seeking issuance of a writ of mandamus, directing respondent No.3 to deposit the compensation payable in respect of the aforesaid properties, before the Court in which the aforesaid suit is pending consideration.
2. Sri C. Ramakrishna Bhat, learned counsel for respondent Nos.2 and 3 submits that since the suit is already filed, the petitioner is at liberty to seek similar relief before the said Court, in which the suit is pending consideration. If a direction is issued to that effect, the respective authorities will comply with the same.
3. In response, learned counsel for the petitioner submits that, liberty be reserved to the petitioner to make such an application, with a direction to the Court to consider the same.
4. Heard the learned counsel for the respective parties.
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NC: 2025:KHC:2319 WP No. 206 of 2025
5. Admittedly, since the suit for partition filed by one Smt.Gangamma and Smt.Manjamma against the petitioner and her father and sister namely, Hanumantharayappa and Smt.Shilpa, is pending consideration, the Court before whom the suit is pending consideration is competent enough to adjudicate the issue, including the disbursement of the compensation, the petitioner shall make an application before the said Court seeking the relief as is permissible in law.
6. If such an application is made, the same shall be considered and appropriate orders be passed.
7. Still such time, the appropriate authority shall not disburse the amount.
8. With these observations, the writ petition stands
disposed.
Sd/- (M.G.S. KAMAL) JUDGE NVJ List No.: 1 Sl No.: 14