SRI H ANJINAPPA v. THE SPECIAL LAND ACQUISITION OFFICER-2
WP/8601/2021 · 2025-01-10
M G S Kamal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21188 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21188 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:939 WP No. 8601 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 8601 OF 2021 (LA-KIADB) BETWEEN:
1.
SRI. H. ANJINAPPA S/O. LATE HANUMANTHAIAH AGED ABOUT 60 YEARS,
2.
SRI HANUMANTHARAJU A S/O H ANJINAPPA AGED ABOUT 32 YEARS,
BOTH ARE RESIDING AT AVVERAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK BENGALURU RURAL DISTRICT - 562 111 …PETITIONERS (BY SRI. PRASANNA D.P., ADVOCATE) AND:
THE SPECIAL LAND ACQUISITION OFFICER-2 KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO.39, SHANTHIGURHA BHARATH SCOUTS AND GUIDES BUILDING FOURTH FLOOR, ARAMANE ROAD, BENGALURU - 560 001 …RESPONDENT (BY SRI. GOPAL BILALMANE, ADVOCATE)
THIS WRIT PETITIION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO WRIT IN THE NATURE OF CERTIORARI THERE BY SET ASIDE THE NOTICE DATED 20.01.2021 PER ANNEXURE-D, GRANT AN INTERIM ORDER TO STAY NOICE DATED 20.01.2021 PER ANNEXURE-D.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by REKHA R Location: High Court of Karnataka
- 2 -
NC: 2025:KHC:939 WP No. 8601 of 2021
CORAM:
HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL ORDER
Petitioners are before this Court seeking following reliefs:
"(i) Issue a Writ in the nature of certiorari thereby set aside the notice in No.Bengaluru/ViBhuSwaA- 2/3637/2020-21 dated 20.01.2021 as per Annexure- D; (ii) Issue such other order or direction as this Hon'ble Court deems fit to pass under the facts and circumstances of the case in the interest of justice and equity."
2. The case of the petitioners is that their land bearing Sy.No.17/5 measuring 6 acres 16 guntas situated at Avverahalli Village Sompura Hobli, Nelamangala Taluk, Bengaluru Rural District was acquired by respondent/KIADB and compensation in a sum of Rs.5,40,00,000/- has been remitted to their bank account bearing Nos.4419101000217 and 4419101002420 in Canara Bank Billinakote Branch, Nelamangala Taluk.
3.
Learned counsel for the petitioners submits that petitioners have withdrawn the substantial amount.
- 3 -
NC: 2025:KHC:939 WP No. 8601 of 2021
However, by virtue of the communication produced at Annexure-D, the respondent/KIADB without assigning any reasons has sought to freeze the account of the petitioner which has caused hardship to the petitioner. Hence, the petition.
4.
Learned counsel for the respondent/KIADB on the other hand submits, since there appears to have been some irregularities in disbursing the compensation and since some objections stated to have been made by the family members of the petitioner, the respondent/KIADB was constrained to issue letter at Annexure-D. He fairly submits that necessary enquiry in this matter will be conducted and appropriate instructions thereafter will be issued to the bank. Submission taken on record.
5. In that view of the matter since the petitioners admittedly have withdrawn the compensation amount from the bank, nothing survives in this matter for
consideration. Accordingly, the following:
- 4 -
NC: 2025:KHC:939 WP No. 8601 of 2021
ORDER (i) Writ petition is disposed of. (ii) However, notwithstanding above, the respondent/KIADB shall inform the petitioners about the progress and result of the enquiry proceedings and shall issue necessary instructions to the bank accordingly within an outer limit of eight weeks from the date of receipt of certified copy of this order. (iii) Liberty is reserved to the petitioners to seek such remedy as may be available, if required and advised.
SD/- (M.G.S. KAMAL) JUDGE
RR List No.: 1 Sl No.: 6