- 1 - NC: 2025:KHC:8500 WP No. 2937 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 2937 OF 2025 (LA-KIADB) BETWEEN: 1. SRI. M. MANJUNATH, S/O LATE VENKATARAMANAPPA, AGED ABOUT 50 YEARS, MINDAHALLI VILLAGE, BAVANAHALLI POST, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 130. 2. HARISH @ SRIHARI, S/O LATE VENKATARAMANAPPA, AGED ABOUT 44 YEARS, MINDAHALLI VILLAGE, BAVANAHALLI POST, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 130. 3. SRI. RAMAPPA, S/O LATE MUNIYAPPA, AGED ABOUT 45 YEARS, MINDAHALLI VILLAGE, BAVANAHALLI POST, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 130. …PETITIONERS (BY SRI. ERAPPA REDDY M., ADVOCATE) Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8500 WP No. 2937 of 2025 AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, EAST WING, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICE AND EXECUTIVE MEMBER, KHANIJA BHAVAN, BENGALURU - 560 001. 3. THE SPECIAL LAND ACQUISITION OFFICER-I, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.39, 4TH FLOOR, SHANTHI GURHA BHARATH SCOUTS AND GUIDES BUILDING, PALACE ROAD, BENGALURU - 560 001. 4. SRI. GOPALAPPA, S/O LATE MUNIYAPPA, AGED ABOUT 54 YEARS, MINDAHALLI VILLAGE, BAVANAHALLI POST, KASABA HOBLI, MALUR TALUK, KOLA DISTRICT - 563 130. 5. SRI. SRINIVASA, S/O LATE MUNIYAPPA, - 3 - NC: 2025:KHC:8500 WP No. 2937 of 2025 AGED ABOUT 54 YEARS, MINDAHALLI VILLAGE, BAVANAHALLI POST, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 130. …RESPONDENTS (BY SRI.SPOORTHY HEGDE N., HCGP FOR R1; SRI.C.RAMAKRISHNA, ADVOCATE FOR R2 AND R3; SRI.M.RAJASHEKAR, ADVOCATE FOR R4 AND R5) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE R-3 BY DIRECTING HIM TO CONSIDER THE REPRESENTATIONS DATED 22.04.2024 AS PER ANNEXURE - K AND REPRESENTATION DATED 18.01.2025 AS PER ANNEXURE - N AND TO DIRECT THE R-3 TO DEPOSIT AMOUNT OF RS. 76,12,500/- IN CIVIL COURT IN ACCORDANCE WITH THE ORDER PASSED BY THE SENIOR CIVIL JUDGE, MALUR IN OS NO.244/2022 DATED 02/04/2024 AS PER ANNEXURE - J AND ETC., 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 petitioners are before this Court seeking direction to respondent No.3-SLAO to consider the representation dated - 4 - NC: 2025:KHC:8500 WP No. 2937 of 2025 22.04.2024 produced at Annexure-K and representation dated 18.01.2025 produced at Annexure-N and further to direct respondent No.3 to deposit a sum of Rs.76,12,500/- before the Court of Senior Civil Judge, Malur in O.S.No.244/2022. 2. The case of the petitioners is that respondent Nos.4 and 5 are the descendants of one Perappa Naika who had filed a suit in O.S.No.244/2022 for the relief of partition/separate possession of certain immovable properties which were acquired by the respondent-KIADB. Resultantly, the respondent-KIADB passed the award. Petitioners disputed the claim of private respondents. In the meanwhile, the private respondents i.e., respondents No.4 and 5 herein, had approached this Court and filed a petition in W.P.No.26459/2023 and without even making the petitioners as parties to the said writ petition obtained an order wherein the respondent-KIADB was directed to pay the aforesaid amount of Rs.76,12,500/-, in their favour. Based on the said order, depriving the claim of the petitioners, the private respondents i.e., respondents No.4 and 5 herein, are making hectic efforts to withdraw the amount of Rs.76,12,500/- - 5 - NC: 2025:KHC:8500 WP No. 2937 of 2025 3. Sri.M.Rajashekar who has undertaken to file appearance for respondent Nos.4 and 5 submits that there was an earlier suit in O.S.No.165/2020 in which a compromise had been entered into, in terms of which, petitioners were entitled to 7/8th share while 1/8th share was to be given to the private respondent. This aspect of the matter was brought to the notice of the respondent-SLAO who acting upon the said compromise decree had assured release of said amount, subject to respondent Nos.4 and 5 withdrawing the suit in O.S.No.244/2022. It is under said circumstance, the private respondent had approached this Court and obtained the order in W.P.No.26459/2023 and thereafter filed a memo withdrawing the suit in O.S.No.244/2022. 4. Learned counsel for respondent Nos.4 and 5 fairly submits that they have no objection for deposit of the said amount before the Court, subject to liberty being reserved to respondent Nos.4 and 5 to file an application to restore the suit in O.S.No.244/2022 and to proceed with the said suit. 5. Learned counsel for the petitioners submits that they have no objection for the amount to be deposited before - 6 - NC: 2025:KHC:8500 WP No. 2937 of 2025 this Court and petitioners will be entitled for the said sum, subject to the outcome of the said suit. 6. Submission is placed on record. 7. Accordingly, I proceed to pass the following: ORDER 1. The petition is disposed of. 2. Liberty is reserved to respondent Nos.4 and 5 to file necessary application for restoration of the suit in O.S.No.244/2022. 3. The respondent-KIADB is directed to deposit the said amount of Rs.76,12,500/- in the said suit, before the trial Court, within a period of eight weeks from the date of receipt of certified copy of this order. SD/- (M.G.S. KAMAL) JUDGE RKA List No.: 1 Sl No.: 16