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2025 DAILYLAW 21394 (KAR)

SMT. K. MALINI SHIVAKUMAR v. THE STATE OF KARNATAKA

WP/8629/2025 · 2025-04-29

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:17783 WP No. 8629 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 8629 OF 2025 (LA-KIADB) BETWEEN: SMT. K. MALINI SHIVAKUMAR W/O. M.R. SHIVAKUMAR, AGED ABOUT 53 YEARS, R/AT NO.18, KEMPAPURA ROAD, YEMALURU, BENGALURU-560 037. …PETITIONER (BY SRI. MAHADESHWARAN C N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, BENGALURU-560 001. 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560 001. 3. THE SPECIAL LAND ACQUISITION OFFICER-2, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17783 WP No. 8629 of 2025 MAHARSHI ARVIND BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD, BANGALORE-560 001. 4. THE BRANCH MANAGER, INDUSIND BANK, NO.89, KMJ ARENA, ANANDA NAGAR, OUTER RING ROAD, MARATHALLI, BENGALURU-560 037. …RESPONDENTS (BY SRI.SESHU V., HCGP FOR R1 SRI. C. RAMAKRISHNA., ADVOCATE FOR R2 & R3 R4 SERVED - UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 SPECIAL LAND ACQUISITION OFFICER-2 TO DEFREEZE THE PETITIONER ACCOUNT AND PERMIT TO WITHDRAW THE DEPOSIT COMPENSATION AMOUNT OF *RS. 1,20,25,000/- (RUPEES ONE CRORE TWENTY LAKHS TWENTY FIVE THOUSAND ONLY) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER On 01.04.2025, the following order was passed: “The grievance of the petitioner is that she is not able to withdraw the compensation amount deposited into her account, since it appears that the Special Land Acquisition Officer of KIADB, has requested the Bank to freeze the *Corrected vide Court Order dated 13.06.2025 - 3 - NC: 2025:KHC:17783 WP No. 8629 of 2025 account of the petitioner. However, reason for such action is not known. Learned Counsel for the respondent-KIADB is directed to secure instructions from the third respondent-SLAO as to why such a communication has been made by him to the fourth respondent-Branch Manager, IndusInd Bank to freeze the account of the petitioner. Re-list this matter on 08.04.2025.” 2. Learned counsel for the Respondent – KIADB submits on instructions that since the SLAO was directed by the Head Office, he has made such a communication to the 4th respondent - bank. No reason is forthcoming as to why such a direction was issued by the Head Office. 3. Having regard to the facts obtained hereinabove, this Court is of the considered opinion that the action of the respondent SLAO in making such a communication to the 4th respondent - Bank is without any reason. Therefore, this petition is allowed. The 4th respondent Bank is hereby directed to permit the - 4 - NC: 2025:KHC:17783 WP No. 8629 of 2025 petitioner to operate the account. However, the petitioner is also directed to furnish an indemnity bond to the 4th respondent - Bank that she shall redeposit the amount withdrawn, if it is found that the petitioner was not eligible to receive the compensation amount. Ordered accordingly. Sd/- (R DEVDAS) JUDGE KLY CT: JL