Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:1404 WP No. 615 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 615 OF 2025 (LA-KIADB) BETWEEN:
1. SMT. JAYAMMA W/O LATE KUMBEGOWDA @ KUMBAIAH, AGED ABOUT 65 YEARS,
2. SMT. MANJULA, D/O LATE KUMBEGOWDA @ KUMBAIAH, AGED ABOUT 49 YEARS,
3. SRI.DEVARAJU, S/O LATE KUMBEGOWDA @ KUMBAIAH, AGED ABOUT 47 YEARS,
4. SRI.SRINIVASAGOWDA, S/O LATE KUMBEGOWDA @ KUMBAIAH, AGED ABOUT 45 YEARS
PETITIONERS ARE R/O GORAGHATTA VILLAGE, THYAMAGONDLU HOBLI, NELAMANGALA TALUK-562 123, BENGALURU RURAL DISTRICT. …PETITIONERS (BY SRI. VENKATESH C R., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDA, BENGALURU-560 001. Digitally signed by SUMA B N Location: High Court of Karnataka
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2. THE SPECIAL LAND ACQUISITION OFFICER 2(SLO.2), KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (KIADB), (BMICP) AND BENGALURU RURAL, NO.14/3, MAHARSHI ARVINDA BHAVANA, 1ST FLOOR, NRUPATHUNAGA ROAD, BENGALURU-560 001. 3. SMT.GANGAMMA, W/O LATE HANUMAIAH, AGED ABOUT 70 YEARS,
4. SMT.SUNANDA, D/O LATE. HANUMAIAH, AGED ABOUT 45 YEARS,
5. SRI.ANJANEGOWDA, S/O LATE HANUMAIAH, AGED ABOUT 47 YEARS,
6. SRI.NARASEGOWDA, S/O LATE HANUMAIAH, AGED ABOUT 46 YEARS,
RESPONDENT NO.3 TO 6 ARE RESIDENT OF GORAGHATTA VILLAGE, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562 123. 7. SMT.ANASOOYAMMA, D/O LATE HANUMAIAH, AGED ABOUT 45 YEARS, R/O SOMASHETTYHALLI VILLAGE, HOSUR HOBLI, GOWRIBIDANOOR TALUK - 561 208. 8. SRI. LAKSHMINARAYANAGOWDA, S/O LATE HANUMAIAH, AGED ABOUT 44 YEARS,
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9. SMT.HANUMAKKA, W/O SHIVANNA, AGED ABOUT 43 YEARS, TUBUKUNTE VILLAGE, DODDABELAVANGALA HOBLI, NELAMANGALA TALUK- 562 123. 10. SRI.BHOJARAJU, S/O LATE HANUMAIAH, AGED ABOUT 40 YEARS,
11. SRI.CHANDRASHEKAR, S/O LATE HANUMAIAH, AGED ABOUT 40 YEARS,,
12. SRI. DEVIKUMAR, S/O LATE HANUMAIAH, AGED ABOUT 40 YEARS,
RESPONDENT NOs.8, 10 TO 12 RESIDENT OF GORAGHATTA VILLAGE, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562 123. 13. SMT.ARASAMMA W/O LATE NARASIMHEGOWDA, AGED ABOUT 71 YEARS,
14. SMT. NAGARATHNA, W/O RAJANNA D/O LATE NARASIMHEGOWDA, AGED ABOUT 40 YEARS
15. SRI.NARASIMHARAJU @ RAJESH, S/O LATE NARASIMHEGOWDA, AGED ABOUT 41 YEARS,
RESPONDENT NOS.13 TO 15 RESIDENT OF MAVATHUR VILLAGE, HOLAVANAHALLI HOBLI,
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KORATAGERE TALUK, TUMKUR DISTRICT - 572 129. 16.
SMT.KAAMAKSHI, W/O CHANDRU, D/O LATE NARASIMHEGOWDA, AGED ABOUT 42 YEARS R/AT NO.220, GROUND FLOOR, 6TH CROSS, GURURAJA LAYOUT, NEAR VIDYAPEETA CIRCLE, BENGALURU SOUTH, BENGALURU-560 085. 17. SRI. NAGARAJU, S/O LATE NARASIMHEGOWDA, AGED ABOUT 43 YEARS, MAVATHUR VILLAGE, HOLAVANAHALLI HOBLI, KORATAGERE TALUK, TUMKUR DISTRICT -572 129. 18. SMT. VENKATAMMA, W/O LATE DODDA HANUMATHARAYAPPA, AGED ABOUT 40 YEARS,
19. SMT.GANGALAKSHMI, W/O LATE KUMAR D/O LATE DODDAHANUMANTHARAYAPPA, AGED ABOUT 39 YEARS, R/AT 220, 6TH CROSS, GURURAJA LAYOUT, NEAR VIDYAPPETA, BENGALURU SOUTH, BENGALUR-560 085. 20. SMT. PADDAMMA @ PADMAMMA W/O RAMAKRISHNAIAH D/O LATE DODDAHANUMANTHARAYAPPA, AGED ABOUT 37 YEARS,
21. SRI.ANJINAPPA, S/O LATE DODDAHANUMANTHARAYAPPA, AGED ABOUT 36 YEARS,
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22. SRI.GANGARAJU, S/O LATE DODDAHANUMANTHARAYAPPA, AGED ABOUT 33 YEARS, RESPONDENT NOs.18, 20 TO 22 ARE RESIDENT OF GORAGATTA VILLAGE, TYAMAGONDLU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562 123. 23. SMT.MANJULA W/O NARAYANAPPA D/O LATE DODDAHANUMANTHARAYAPPA, AGED ABOUT 31 YEARS, RESIDENT OF THUBUKUNTE VILLAGE, KOLGERE POST, DODDABELAVANGALA HOBLI, BENGALURU RURAL DISTRICT - 561 204. 24. SMT. THIMMAKKA, W/O PAPANNA D/O LATE KALEGOWDA, AGED ABOUT 67 YEARS R/OF THUBUKUNTE VILLAGE, KOLGERE POST, DODDABELAVANGALA HOBLI, BENGALURU RURAL DISTRICT - 561 204. 25. SRI.HANUMATHARAYAPPA, S/O LATE KALEGOWDA, AGED ABOUT 65 YEARS, RESIDING AT GORAGATTA VILLAGE, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT -562 123. 26. SRI. NALLAIAH M/O NOT KNOWN, AGED ABOUT 60 YEARS
27. SRI. UMESH S/O NALLAIAH AND LATE VENKATALAKSHMAMMA
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AGED ABOUT 40 YEARS
28. SMT. BHAGYA D/O NALLAIAH AND LATE VENKATALAKSHMAMMA AGED ABOUT 35 YEARS
RESPONDENT NOs.26 TO 28 ARE RESIDING AT CHANNALINGAIAHNAPALYA VILLAGE, MAKANAKUPPE DHAKLE, NIDUVANDA POST, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT -562 123. 29. SRI.GANGABYRAPPA, S/O LATE RANGAPPA, R/OF AVALAKUPPE VILLAGE, MOTAGANAHALLI POST, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562 123. 30. SRI.GUDIGALA SHIVANNA, S/O GADIGUDAL SHIVANNA AGED ABOUT 58 YEARS, R/AT NO.2631/1, ANOOP NILAYA, 2ND CROSS, 6TH MAIN ROAD, DAVANAGERE SOUTHERN EXTENTION, DAVANAGERE-577 004. 31. SRI. KRISHNAKUMAR. M.V S/O LATE VEERANAGAIAH, AGED ABOUT 48 YEARS
32. SRI. RAJAKUMAR.
M.V.
S/O LATE VEERANAGAIAH AGED ABOUT 51 YEARS,
RESPONDENT NOS.31 AND 32 ARE RESIDING AT AVINASHA NILAYA, 10TH CROSS, SHANTHINAGARA,
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DODDABALLAPURA TOWN, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT - 561 203. 33. SRI. NAGARAJU, S/O LATE RANGAPPA, AGED ABOUT 43 YEARS,
34. SRI. HANUMANTHARAYAPPA, S/O LATE RANGAPPA, AGED ABOUT 41 YEARS,
RESPONDENTS 33 AND 34 ARE RESIDING AT MUTHAIAHNAPALYA VILLAGE, GORAGHATTA DHAKLE, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562 123. 35. SRI. VEERENDRA KOUJALAGI, S/O BASAVARAJ, AGED ABOUT 48 YEARS, R/AT NO.65, SHREYA ESTATE, GOKUL ROAD, BESIDE SILVER TOWN, HUBALLI UDYAMNAGAR, HUBALLI DHARWAD, KARNATAKA-580 030. 36. SMT.GOWRAMMA W/O PUTTAGANGAPPA AGED ABOUT 72 YEARS, R/AT NO.2187, 8TH MAIN ROAD, 2ND STAGE RAJAJINAGAR, BANGALORE NORTH, BENGALURU-560 010. 37. SMT. SHRUTHI PRAVEEN W/O PRAVEEN K.J.
AGED ABOUT 43 YEARS, R/AT NO.96, SERPENTINE ROAD KUMARA PARK WEST, S.B.M OPPOSITE,
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SHESHADRIPURAM, BENGALURU - 560 020. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1;
SRI. GOPAL V. BILALMANE, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) ISSUE WRIT OF MANDAMUS TO THE 2ND RESPONDENT AUTHORITY NOT DISBURSE OR NOT TO RELEASE THE AWARD COMPENSATION AMOUNT IN FAVOUR OF RESPONDENT NO.3 TO 37, BEARING OLD SY.NO.126, NEW SY.NO.126/1, SY.NO.126/2, SY.NO.126/3 AND SY.NO.126/4, TOTAL MEASURING TO AN EXTENT OF 10 ACRES 18 GUNTAS SITUATED IN GORAGHATTA VILLAGE, TYAMAGUNDLU HOBLI, NELAMANGALA TALUQ, BENGALURU RURAL DISTRICT AND ANOTHER LAND BEARING SY.NO.121 MEASURING TO AN EXTENT OF 10 ACRES 20 GUNTAS (INCLUDING 1 ACRE 02 GUNTAS KARAB LAND) SITUATED IN GORAGHATTA VILLAGE, TYAMAGONDLU HOBLI, NELAMANGALA TALUQ, BENGALURU RURAL DISTRICT, AS PER THE REPRESENTATION ANNEXURE- C AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL ORDER Petitioners are before this Court seeking following reliefs: (a) Issue Writ of Mandamus to the 2nd respondent authority not disburse or not to release the award compensation amount in favour of respondent No.3 to 37, bearing old old Sy.No.126, New Sy.No.126/1, Sy.No.126/2, Sy.No.126/3 and Sy.No.126/4, total measuring to an extent of 10 acres 18 guntas situated in Goraghatta village, Tyamagundlu Hobli, Nelamangala Taluq, Bengaluru Rural District and another land bearing Sy.No.121 measuring to an extent of 10 acres 20 guntas (including 1 acre 02 guntas karab land) situated in Goraghatta Village, Tyamagondlu Hobli, Nelamangala
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Taluq, Bengaluru Rural District, as per the representation Annexure-C.
(b) To direct the 2nd respondent authority to deposit the award compensation amount in respect of land bearing Old old Sy.No.126, new Sy.No.126/1, Sy.No.126/2, Sy.No.126/3 and Sy.No.126/4, total measuring to an extent of 10 acres 18 guntas situated in Goraghatta Village, Tyamagondlu Hobli, Nelamangala Taluq, Bengaluru Rural District and another land bearing Sy.No.121 measuring to an extent of 10 acres 20 guntas (including 1 acre 02 guntas karab land) situated in Goraghatta Village, Tyamagondlu Hobli, Nelamangala Taluq, Bengaluru Rural District, before the Competent Civil Court in O.S.No.123/21-I Additional Senior Civil Judge at Nelamangala, (Annexure-A) because the Civil Suit is pending for consideration, between the petitioners and respondent No.3 to 37 herein."
2. Case of the petitioner is that there is a suit pending
consideration in O.S.No.123/2021 filed by the petitioners seeking partition and separate possession against the respondents-defendants 3 to 19 in respect of land bearing Sy.No.126 measuring 10 acres 18 guntas, Sy.No.121 measuring 10 acres 20 guntas which is acquired by the respondent-KIADB, who is intending to disburse the compensation in respect of the acquired land in favour of respondents 3 to 37. Hence, the petition.
3. Learned counsel for the petitioner reiterating the grounds urged in the memorandum of petition submits that as
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per the instructions compensation has not been disbursed yet. Therefore, if compensation is disbursed petitioner would be put to extreme hardship. He further submits representation as per Annexure-C dated 04.03.2024 has been given to the respondent authorities which has not been considered till date.
4. Sri.Gopal V. Bilalmane, learned counsel who undertakes to appear for respondent No.2, on instruction, submits that the compensation in respect of lands in Sy.Nos.126/2, 126/3 and 126/4 has already been disbursed. However, he further submits representation of the petitioner would be considered in accordance with law and appropriate orders would be passed in respect of which the compensation is not disbursed.
5. Heard and perused the records.
6. The issue involved in the petition is with regard to apportionment of compensation payable to the parties. Since the dispute with regard to property is pending consideration before the competent Court, the petitioners are at liberty to seek such remedy before the competent Court where the suit is pending consideration. Notwithstanding the same since the
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representation has been made by the petitioners as per Annexure-C respondent authorities shall consider the same and pass appropriate orders taking into consideration the provisions of law applicable in respect of apportionment of compensation and if the compensation is not already disbursed. Such orders shall be passed within an outer limit of three months from the date of receipt of certified copy of this order.
Sd/- (M.G.S. KAMAL) JUDGE
SBN List No.: 1 Sl No.: 32