- 1 - NC: 2025:KHC:7478 WP No. 79 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 79 OF 2025 (GM-CPC) BETWEEN: PRADEEP KUMAR B R S/O SRI RUDREGOWDA AGED ABOUT 43 YEARS R/AT NO.31234 23RD FLOOR BUILDING NO.3 TOWER 1 PRESTIGE FALCON CITY APARMTENT KANAKAPURA MAIN ROAD KONANAKUNTE CROSS BENGALRUU 560062. …PETITIONER (BY SRI. RADHANANDAN B S.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY TAHSILDAR BENGALURU SOUTH TALUK KANDAYA BHAVANA K G ROAD BENGALURU 560001. 2. THE SPECIAL LAND ACQUISITON OFFICER 2, METRO KIADB 1ST FLOOR MAHARSHI ARAVIND BHAVAN NRUPATHUGNA ROAD BENGALURU 560010. 3. BENGALURU METRO RAIL CORPORATION LTD/KIADB 3RD FLOOR BMTC COMPLEX Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7478 WP No. 79 of 2025 K H ROAD SHANTHINAGAR BENGALURU 560027 REP BY ITS MANAGING DIRECTOR. 4. SRI BALAJI K S/O LATE K KRISHNAMRAJU & MRS. LAKSHMAMMA AGED ABOUT 46 YEARS RESIDING AT NO.41 4TH TEMPLE ROAD 13TH CROSS MALLESHWARAM BENGALURU- 560003. 5. SMT RASHMI R S AGED ABOUT 36 YEARS W/O LATE K SRINIVASAMURTHY (DECEASED D/O LATE K KRISHNAM RAJU AND LAKSHMAMMA) RESIDING AT NO. 41 4TH TEMPLE ROAD 13TH CROSS MALLESHWARAM BENGALURU 560003. 6. MASTER RAKSHITH S/O LATE K SRINIVASAMURTHY AGED ABOUT 16 YEARS (SINCE MINOR REP BY HIS MOTHER NATURAL GUARDIAN SMT RASHMI R S R/AT NO.41 4TH TEMPLE ROAD 13TH CROSS MALLESHWARAM BENGALURU-560003. 7. SMT PREMA A R WO LATE A M RAMARAJU AGED ABOUT 61 YEARS R/AT NO.536 10TH MAIN ROAD JAYANAGAR 5TH BLOCK BENGLAURU 560041. - 3 - NC: 2025:KHC:7478 WP No. 79 of 2025 8. GAYATHRI A R D/O LATE A M RAMARAJU AGED ABOUT 40 YEARS R/AT NO.536 10TH MAIN ROAD JAYANAGARA 5TH BLOCK BENGALURU 560041. 9. SHRUTHI A R D/O LATE A M RAMARAJU AGED ABOUT 34 YEARS R/AT NO.536 10TH MAIN ROAD JAYANAGARA 5TH BLOCK BENGALURU-560041. 10. A CHENNA REDDY S/O SRI GURUVI REDDY AGED ABOUT 52 YEARS R/AT NO.143 PHASE 2 CLASSIC ORCHARDS MEENAKSHI TAMPLE BANNERGHATTA ROAD BENGALURU 560076. 11. SRI M V RAMASWAMY RAJU S/O VENKATARAMA RAJU AGED ABOUT 62 YEARS R/AT NO.401 AKSHYA PRIDE APARTMENT KOTHANOOR DINNE, J P NAGAR 7TH PHASE, BENGALURU-560076. 12. S GOPINATH S/O LATE SUBBARAJU AGED ABOUT 60 YEARS R/AT NO.661 6TH MAIN ROAD RBI LAYOUT J P NAGAR 7TH PHASE BENGALURU-560041. …RESPONDENTS (BY SRI. G KRISHNA MURTHY., SENIOR COUNSEL FOR SRI. PURUSHOTHAM R, ADVOCATE FOR C/R4,R5 & R6: - 4 - NC: 2025:KHC:7478 WP No. 79 of 2025 SMT. CHANDINI S., HCGP. FOR R1: SRI. B.B. PATIL, ADVOCATE FOR R2: SRI. HARSHITH N, ADVOCATE FOR R3: NOTICE TO R7 TO R12 ARE DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO GIVE ORDER OR DIRECTION FOR QUASHING AND SETTING ASIDE THE COMMON ORDER DATED 17/12/2024 ON IA NOS. 24,25,26,27 AND 28 IN LAC NO. 67/2022, ON THE FILE OF II ADDITIONAL CITY CIVIL JUDGE (CCH-17), BANGALORE CITY, BANGALORE, AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by claimant No.8 under Article 227 of the Constitution of India, challenging the order dated 17.12.2024 passed by the II Additional City Civil and Sessions Judge & Special Judge, Bengaluru on IA Nos. 24, 25, 26, 27 and 28 in LAC No.67/2022, whereby the applications have been dismissed. 2. Claimant No.8 filed IA No.24 for re-opening of claimant No.1’s evidence, IA Nos. 25 and 28 for summoning the documents and IA Nos. 26 and 27 for summoning the witnesses. - 5 - NC: 2025:KHC:7478 WP No. 79 of 2025 3. The trial court, while disposing of the applications has rightly dismissed IA Nos.24, 25 and 28 on the ground that the documents which require for summoning are public documents. Parties can obtain the certified copy and produce the same. 4. In respect of IA Nos. 26 and 27 filed under Order XVI Rule 1(2) and (3) of CPC, the trial court has not given any reason for rejecting the applications. Therefore, the order passed by the trial court in respect of IA Nos.24, 25 and 28 is just and reasonable and the same is confirmed. In respect of IA Nos. 26 and 27 is concerned, no reasons are assigned by the trial court to dismiss the said applications. Therefore, the two applications requires to be re-considered. 5. In view of the above, the following order is passed: (i) The writ petition is allowed in part. (ii) The order passed by the trial court in respect of IA Nos. 24, 25 and 28 is confirmed. - 6 - NC: 2025:KHC:7478 WP No. 79 of 2025 (iii) The order passed in respect of IA Nos.26 and 27 is concerned, the same is set aside. (iv) The trial court is directed to consider the IA Nos. 26 and 27 and dispose of the same by the end of February 2025. (v) Since this Court in W.P.No.34543/2024 disposed of on 20.12.2024 directed the trial court to dispose of LAC proceedings expeditiously, within two months from the date of receipt of evidence recorded by the Commissioner, the Reference Court is directed to dispose of the LAC proceedings as expeditiously as possible, not later than 15.04.2025. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 31