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2025 DAILYLAW 13062 (KAR)

SRI KHADER SHARIFF v. STATE OF KARNATAKA

WP/1089/2025 · 2025-04-28

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:17512 WP No. 1089 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 1089 OF 2025 (LA-RES) BETWEEN: SRI KHADER SHARIFF, SON OF LATE ABDULLA SHARIFF, AGED ABOUT 60 YEARS, RESIDING AT KAVADAGERI VILLAGE, PERIYAPATNA TALUK, MYSURU DISTRICT - 577 107. …PETITIONER (BY SMT. VASUNDARA T.P., ADVOCATE FOR SRI SIDDAMALLAPPA P.M., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF LAND REVENUE, M.S.BUILDING, DR. AMBEDKAR ROAD, BENGALURU - 560 001. 2. THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, NH 275, MYSURU DIVISION, MYSURU - 577 001. …RESPONDENTS (BY SMT. SPOORTHY HEGDE N., HCGP FOR R1; SMT. SHILPA SHAH, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT BY ISSUING A WRIT OF MANDAMUS DIRECTING RESPONDENT NO.2 TO DISBURSE THE COMPENSATION AMOUNT TOWARDS ACQUISITION OF LAND Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17512 WP No. 1089 of 2025 BEARING SY.NO. 60/2 AND 61/1 SITUATED AT THATHANAHALLI VILLAGE, KASABA HOBLI, PERIYAPATNA TALUK IN FAVOR OF THE PETITIONER FORTHWITH OR OTHERWISE DIRECT RESPONDENT NO.2 TO DEPOSIT THE SAID COMPENSATION AMOUNT IN ANY NATIONALIZED BANK FETCHING INTEREST TILL DISBURSAL OF THE COMPENSATION AMOUNT IN ACCORDANCE WITH LAW WITHOUT CAUSING FURTHER DELAY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The contention of the petitioner is that the petitioner is the absolute owner of the property acquired i.e., survey Nos.60/2 and 61/1 situated at Thathanahalli village, Kasaba Hobli, Periyapatna Taluk and therefore, the petitioner is entitled for the compensation in respect of the entire land, at the hands of respondent. 2. However, learned counsel for respondent No.2 - Special Land Acquisition Officer has today furnished information that there are various other claims by other persons in respect of the property and therefore, the matter has been referred to the learned Principal District and Sessions Judge, Mysuru in two Miscellaneous cases namely, Nos.213/2024 and 214/2024 and the compensation amount has been deposited before the Court. - 3 - NC: 2025:KHC:17512 WP No. 1089 of 2025 3. In that view of the matter, the writ petition stands disposed of granting liberty to the petitioner to pursue the remedy before the District Court, since there are objections raised by other persons and claims in respect of the compensation amount. Ordered accordingly. Sd/- (R DEVDAS) JUDGE CPN List No.: 1 Sl No.: 17 CT: BHK