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High Court of Karnataka · body

2025 DAILYLAW 15596 (KAR)

SMT H V NAGAVENI v. THE STATE OF KARNATAKA

WP/3120/2025 · 2025-02-05

M G S Kamal

body2025

Judgment text

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- 1 - NC: 2025:KHC:5192 WP No. 3120 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 3120 OF 2025 (LA-KIADB) BETWEEN: 1. SMT H V NAGAVENI W/O. K. V. CHANDRAPPA, AGED ABOUT 63 YEARS, R/OF OPP. JUNIOR COLLEGE, NANJAMMA LAYOUT, MALUR TOWN, KOLAR DISTRICT-563130 2. SMT. H. V. NAGAMANI W/O H. V. CHANDRASHEKAR GOWDA, AGED ABOUT 67 YEARS, R/AT HULADENAHALLI VILLAGE AND POST, MASTHI HOBLI, MALUR TALUK, KOLAR DISTRICT-563130 (SENIOR CITIZENSHIP BENEFIT NOT CLAIMED) 3. SMT. H. V. JAYANTHI, W/O. LATE M. N. NAGARAJA, AGED ABOUT 58 YEARS, R/AT MYLANDAHALLI VILLAGE, VOKKALERI POST, KOLAR TALUK, KOLAR DISTRICT-563130 4. SMT. POORNIMA RANI W/O K. N. NARAYANA GOWDA, AGED ABOUT 48 YEARS, KEMBODI VILLAGE, KOLAR TALUK, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5192 WP No. 3120 of 2025 KOLAR DISTRICT-563130 5. SMT. H. M. MALINI, W/O. H. V. SUBRAMANYAM AGED ABOUT 52 YEARS, R/O. 3RD CROSS, ADARSHNAGAR, WARD NO.15, 1ST FLOOR, ARALERI ROAD, MALUR TOWN, KOLAR DISTRICT-563130 6. SMT. N VANITHA W/O. NAGARAJ, AGED ABOUT 47 YEARS, R/AT NO.627, 6TH FLOOR, A-4 KRISHNA BLOCK, NGV, KORAMANGALA, BENGALURU-560047 7. SMT. SAVITHA. H M W/O. PRASANNA KUMAR, AGED ABOUT 49 YEARS, R/AT 3RD CROSS, ADARSHNAGAR, WARD NO. 15, 1ST FLOOR, ARALERI ROAD, MALUR TOWN, KOLAR DISTRICT-563130 8. SMT. H. K. VANITHA, W/O. J. SRINATH, AGED ABOUT 35 YEARS, R/AT NO.79, 8TH CROSS, (OLD) 4TH CROSS, MARUTHINAGAR, ITTAMADU, BSK III STAGE, BENGALURU-560085. 9. SRI NANDAKUMAR, S/O. VENKATACHALAGOWDA, AGED ABOUT 41 YEARS, - 3 - NC: 2025:KHC:5192 WP No. 3120 of 2025 R/AT HUNGENAHALLI VILLAGE AND POST, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT-563130 10. SRI GAGANKUMAR, S/O. VENKATECHALAGOWDA, AGED ABOUT 38 YEARS, R/AT HUNGENAHALLI VILLAGE AND POST, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT-563130 …PETITIONERS (BY SRI. SOMASHEKHARAIAH R P, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY THE SECRETARY, REVENUE DEPARTMENT, M. S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560001 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REP. BY ITS EXECUTIVE MEMBER, NO.14/3, 2ND FLOOR, RASHTROTHANA PARISHAD BUILDING, NRUPATHUNGA ROAD, BENGALURU-560 001. 3. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.143/3, 2ND FLOOR, RASHTROTHANA PARISHATH BUILDING, NRUPATHUNGA ROAD, BENGAURU-560 001 - 4 - NC: 2025:KHC:5192 WP No. 3120 of 2025 4. SRI H. R. SHAMSUNDAR, S/O. H. S. RANGEGOWDA, AGED ABOUT 50 YEARS 5. SRI H. R. NAVEENPRAKASH S/O. H. S. RANGEGOWDA, AGED ABOUT 34 YEARS 6. SMT. KAMALAMMA, W/O. LATE KRISHNAPPA, AGED ABOUT 68 YEARS 7. SRI MANJUNATH, S/O. LATE KRISHNAPPA, AGED ABOUT 45 YEARS RESPONDET NO.4 TO 7 ARE RESIDING AT HUNGENAHALLI VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT-563130 8. SRI MARAIAH, S/O. GANGAPPA, AGED ABOUT 60 YEARS, R/AT NO 45, MARUTHI HOUSE BUILDING, MARUTHI CO-OPERATIVE SOCIETY LAYOUT, 9TH MAIN ROAD, BENGALURU-560029 9. SRI SURESH, S/O. K. RAMAREDDY, AGED ABOUT 50 YEARS, R/AT VIRGONAGAR, KITTAGANUR (V), K. R. PURAM HOBLI, BENGALURU - EAST DISTRICT-560036 - 5 - NC: 2025:KHC:5192 WP No. 3120 of 2025 10. SMT. PUSHPA, W/O. NARAYANAREDDY, AGED ABOUT 48 YEARS, R/AT NO.3373-E-HAL, II STAGE, 13TH A' CROSS MAIN ROAD, BENGALURU EAST DISTRICT - 560036 11. SRI NARAYANAREDDY, S/O VENKATAREDDY, AGED ABOUT 70 YEARS, R/AT NO.3373-E-HAL, 2ND STAGE, 13TH 'A' CROSS MAIN ROAD, BENGALURU EAST DISTRICT-560036 12. SMT. CHOWDESHWARAMMA, W/O. RANGEGOWDA, AGED ABOUT 62 YEARS, R/AT HUNGENAHALLI VILLAGE AND POST, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT-563130 13. SRI.H.V.VENKATACHALAGOWDA S/O H. VENKATAGIRIYAPPA, AGED ABOUT 68 YEARS 14. SRI.H.V.MUNINARAYANA S/O LATE VEERANNA AGED ABOUT 45 YEARS BOTH ARE R/O HUNGENAHALLI VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT - 563130 …RESPONDENTS (BY SRI.SPOORTY HEGDE.N, HCGP FOR R1; - 6 - NC: 2025:KHC:5192 WP No. 3120 of 2025 SRI.C.RAMAKRISHNA, ADVOCATE FOR R2 AND R3) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENT NO.2 AND 3 - KIADB, NOT TO RELEASE ANY COMPENSATION AMOUNT, TO THE RESPONDENTS NO.4 TO 12 HEREIN, FOR ACQUIRING OF THE LAND BEARING SY. NOS.82/1, 82/2, 83, 83/1, 83/2, 84/1, 84/2, 90, 88, 89, 101, 105 AND 106, TOTALLY MEASURING 42 ACRES 35 GUNTAS SITUATED AT KANIVENAHALLI VILLAGE, KASABA HOBLI, MALUR TALUK, AS PER THE NOTIFICATION NO.CI/79/SPQ/2024 DTD. 10/09/2024, ISSUED BY RESPONDENT NO.2 UNDER ANNEXURE-C, PENDING DISPOSAL OF THE SUIT FILED BY THE PETITIONERS IN O.S.NO. 287/2015 PENDING ON THE FILE OF THE SR.CIVIL JUDGE, MALUR, ANNX-A. 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 Learned counsel for the petitioners submits that the suit in O.S.No.287/2015 is pending for consideration between the petitioners and the private respondents No.4 to 14 for the relief of partition in respect to subject property, which has been acquired by the respondent- KIADB. 2. The apprehension of the petitioners is that even while the rights of the parties are being determined, the - 7 - NC: 2025:KHC:5192 WP No. 3120 of 2025 respondent-KIADB upon the representation being made by the private respondents is making efforts to release the funds which would cause hardship and prejudice to the petitioners. 3. The learned counsel for respondent-KIADB on the other hand submits that such relief can be sought for by the petitioners before the Court, where the above suit O.S.No.287/2015 is pending for consideration and that the respondent-KIADB would abide by whatever order that may be passed therein. 4. At this juncture, learned counsel for the petitioners submits that a liberty be reserved to the petitioners to file necessary applications to implead respondent-KIADB and to seek necessary orders before the Court, where the matter is pending is said O.S No.287/2015. 5. Submission is taken on record. - 8 - NC: 2025:KHC:5192 WP No. 3120 of 2025 6. The petition is disposed of with liberty as sought for. 7. It is made clear that the respondent-KIADB shall not disburse the amount until determination of such applications by the Court as mentioned above. Sd/- (M.G.S. KAMAL) JUDGE ASN List No.: 1 Sl No.: 5