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2025 DAILYLAW 25056 (KAR)

THE SPL. LAND ACQUISITION OFFICER v. SRI.SADASHIVAPPA

WP/41786/2019 · 2025-03-25

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:12562 WP No. 41786 of 2019 C/W WP No. 42380 of 2019 WP No. 42381 of 2019 AND 3 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 41786 OF 2019 (GM-CPC) C/W WRIT PETITION NO. 42380 OF 2019 (GM-CPC) WRIT PETITION NO. 42381 OF 2019 (GM-CPC) WRIT PETITION NO. 42382 OF 2019 (GM-CPC) WRIT PETITION NO. 43683 OF 2019 (GM-CPC) WRIT PETITION NO. 14129 OF 2020 (GM-CPC) IN WP No. 41786/2019 BETWEEN: THE SPL. LAND ACQUISITION OFFICER CITY IMPROVEMENT BOARD NOW DAVANAGERE-HARIHARA URBAN DEVELOPMENT AUTHORITY, SRI.D.DEVARAJU URS LAYOUT, "A" BLOCK, P.B. ROAD, DAVANAGERE-577006. …PETITIONER (BY SRI. MAHESH S., ADVOCATE) AND: 1. 1.a) SRI.SADASHIVAPPA SINCE DEAD BY LRS SMT.GOWRAMMA Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12562 WP No. 41786 of 2019 C/W WP No. 42380 of 2019 WP No. 42381 of 2019 AND 3 OTHERS W/O LATE SADASHIVAPPA AGED ABOUT 55 YEARS, 1.b) SRI.BASAVARAJ S/O LATE SADASHIVAPPA AGED ABOUT 41 YEARS, 1.c) SRI.BASAVARAJ S/O LATE SADASHIVAPPA AGED ABOUT 36 YEARS, 1.d) SMT.PREMALEELA D/O LATE SADASHIVAPPA AGED ABOUT 31 YEARS, ALL ARE R/AT SHAMANUR VILLAGE, DAVANAGERE TALUK AND DISTRICT-577006. …RESPONDENTS (BY SRI.RAVI G SABHAHIT., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN EX.CASE NO.312/2011 ON THE FILE OF I ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANGERE QUASH THE IMPUGNED ORDER DATED 15.07.2019 VIDE ANNEXURE -E PASSED IN EX.CASE NO.312/2011 ON THE FILE OF IST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANGERE AND ETC. IN WP NO. 42380/2019 BETWEEN: THE SPL. LAND ACQUISITION OFFICER CITY IMPROVEMENT BOARD NOW DAVANAGERE-HARIHARA URBAN DEVELOPMENT AUTHORITY SRI D DEVARAJU URS LAYOUT A BLOCK, P B ROAD - 3 - NC: 2025:KHC:12562 WP No. 41786 of 2019 C/W WP No. 42380 of 2019 WP No. 42381 of 2019 AND 3 OTHERS DAVANAGERE-577006 ...PETITIONER (BY SRI. MAHESH S .,ADVOCATE) AND: SRI. SREEKANTAPPA S/O HANUMANTHAPPA @ HANUMAPPA R/A SHAMANUR VILLAGE DAVANAGERE TALUK AND DISTRICT-577006 ...RESPONDENT (BY SRI.RAVI G SABHAHIT., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN EX CASE NO.313/2011 ON THE FILE OF 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC DAVANGERE QUASH THE IMPUGNED ORDER DATED 15.07.2019 VIDE ANNEXURE-E PASSED IN EX CASE NO.313/2011 ON THE FILE OF IST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC DAVANGERE AND ETC. IN WP NO. 42381/2019 BETWEEN: THE SPL. LAND ACQUISITION OFFICER CITY IMNPROVEMENT BOARD NOW DAVANGERE-YHARIHARA URBAN DEVELOPMENT AUTHORITY SRI.D. DEVARAJU URS LAYUT, "A" BLOCK, P.B. ROAD, DAVANGERE 577 006. ...PETITIONER (BY SRI. MAHESH S .,ADVOCATE) - 4 - NC: 2025:KHC:12562 WP No. 41786 of 2019 C/W WP No. 42380 of 2019 WP No. 42381 of 2019 AND 3 OTHERS AND: 1. 1a) ALU SHANKARAPPA SINCE DEAD BY LRS SMT. THYAMMA D/O LATE ALUR SHANKARAPPA AGED 54 YEARS 1b) SMT. PREMAKUMARI D/O LATE ALUR SHANKARAPPA AGED 56 YEARS BOTH ARE R/O K.B.N LAYOUT, DAVANGERE-577006. ...RESPONDENTS (BY SRI.RAVI G SABHAHIT., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN EX CASE NO.138/2014 ON THE FILE OF 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC DAVANGERE QUASH THE IMPUGNED ORDER DATED 15.07.2019 VIDE ANENXURE-E PASSED IN EX.CASE NO.138/2014 ON THE FILE OF 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC DAVANGERE AND ETC. IN WP NO. 42382/2019 BETWEEN: THE SPL. LAND ACQUISITION OFFICER CITY IMPROVEMENT BOARD NOW DAVANGERE-HARIHARA URBAN DEVELOPMENT AUTHORITY, - 5 - NC: 2025:KHC:12562 WP No. 41786 of 2019 C/W WP No. 42380 of 2019 WP No. 42381 of 2019 AND 3 OTHERS SRI. D. DEVARAJU URS LAYOUT, "A" BLOCK, P.B. ROAD, DAVANGERE 577006. ...PETITIONER (BY SRI. MAHESH S .,ADVOCATE) AND: 1. 1a. SRI. S.G. CHANNABASAVANNA GOWDA SINCE DEAD BY LRS SMT. KARIBASAMMA W/O LATE CHANNABASAVANA GOWDA AGED 60 YEARS 1b. SRI. S.G. JAGADEESH S/O LATE CHANNABASAVANA GOWDA AGED 30 YEARS 1c. S.G. KIRAN S/O LATE CHANNABASAVANA GOWDA AGED 28 YEARS ALL ARE R/AT SHAMANUR VILLAGE DAVANAGERE TALUK-577006. 2. SRI.G.R MUDDEGOWDDAPPA S/O RAMANA GOWDARU AGED 60 YEARS R/AT SHAMANUR VILLAGE DAVANAGERE TALUK-577006. ...RESPONDENTS (BY SRI.RAVI G SABHAHIT., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN EX. CASE NO.140/2014 ON THE FILE OF 1ST - 6 - NC: 2025:KHC:12562 WP No. 41786 of 2019 C/W WP No. 42380 of 2019 WP No. 42381 of 2019 AND 3 OTHERS ADDITIONAL SENIOR CIVIL JUDGE AND JMFC DAVANGERE AND QUASH THE IMPUGNED ORDER DATED 15.07.2019 ON IA I VIDE ANENXURE-E PASSED IN EX CASE NO.140/2014 ON THE FILE OF 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC DAVANGERE AND ETC. IN WP NO. 43683/2019 BETWEEN: THE SPL. LAND ACQUISITION OFFICER CITY IMPROVEMENT BOARD NOW DAVANAGERE HARIHARA URBAN DEVELOPMENT AUTHORITY SRI D DEVARAJU URS LAYOUT A BLOCK, P B ROAD DAVANGERE - 577006 ...PETITIONER (BY SRI. MAHESH S .,ADVOCATE) AND: 1. 1a. M RAMAPPA SINCE DEAD BY LRS SMT CHANDRAMMA W/O LATE RAMAPPA AGED 70 YEARS R/O D NO 281/2 2ND CROSS, NEAR DEGGAMMA TEMPLE THYAPPERAGALLI, DAVANGERE-57701 1b. SMT RENUKA P RAO W/O PARASHURAM RAO AGED 45 YEARS R/O NO 267, FARM HOUSE N R T B CIRCLE VANIVILASAPURA - 7 - NC: 2025:KHC:12562 WP No. 41786 of 2019 C/W WP No. 42380 of 2019 WP No. 42381 of 2019 AND 3 OTHERS HIRIYUR TALUK CHITRADURGA DISTRICT-57701 1c. SMT S LAKSHMI BAI W/O ANAND RAO AGED 43 YEARS R/O D NO 91 6TH CROSS PATEL NAGARA BELLARY-06. 1d. RAGHAVENDRA M R S/O LATE RAMAPPA AGED 39 YEARS R/O D NO 281/2 2ND CROSS NEAR DUGGAMMA TEMPLE THYAPPERAGALLI DAVANAGERE -57701 2. SRI N S SATHYANARAYANA RAO S/O SEENAPPA AGED 60 YEARS R/O THYAPPERAGALLI DAVANGERE – 1 3. SMT NAGAMMA W/O SEENAPPA SINCE DEAD BY HER LRS R/O THYAPPERAGALLI DAVANGERE - 1 ...RESPONDENTS (BY SRI.RAVI G SABHAHIT., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN EX.CASE NO.319/2014 ON THE FILE OF 1st ADDL. SENIOR CIVIL JUDGE AND JMFC DAVANAGERE.QUASH THE IMPUGNED ORDER DATED - 8 - NC: 2025:KHC:12562 WP No. 41786 of 2019 C/W WP No. 42380 of 2019 WP No. 42381 of 2019 AND 3 OTHERS 15.07.2019 VIDE ANNX-C PASSED IN EX.CASE NO.139/2014 ON IA I ON THE FILE OF 1st ADDL. SENIOR CIVIL JUDGE AND JMFC DAVANAGERE. IN WP NO. 14129/2020 BETWEEN: THE SPL. LAND ACQUISITION OFFICER CITY IMPROVEMENT BOARD NOW DAVANGERE HARIHARA URBAN DEVELOPMENT AUTHORITY SRI D DEVARAJU URS LAYOUT A BLOCK P B ROAD DAVANGERE - 577006 ...PETITIONER (BY SRI. MAHESH S.,ADVOCATE) AND: 1. 1a. SRI SHEKHARAPPA SINCE DEAD BY LRS G.S. RUDRAMANI S/O LATE SHEKHARAPPA AGE 61 YEARS 2. 2a. 2b. SRI G S SHANMUKAPPA SINCE DEAD BY LRS SMT NEELAMMA W/O LATE G S SHANMUKAPPA SRI. G.S. SOMASHEKARAPPA S/O LATE G.S.SHANMUKAPPA BOTH ARE R/A SHAMANURU VILLAGE, DAVANAGERE TALUK - 9 - NC: 2025:KHC:12562 WP No. 41786 of 2019 C/W WP No. 42380 of 2019 WP No. 42381 of 2019 AND 3 OTHERS 3. NAGAMMA @ NAGARATHNAMMA AGE 28 YEARS 4. PUSHPA AGE 24 YEARS 5. MAMATHA AGE 22 YEARS 6. GEETHA AGE 20 YEARS 7. G S PARAMESHWARAPPA AGE 48 YEARS 8. G S NAGARAJ AGE 38 YEARS 9. G S SATHISH AGE 32 YEARS ALL ARE R/A SHAMANURU VILLAGE, DAVANAGERE TALUK. ...RESPONDENTS (BY SRI.RAVI G SABHAHIT., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN EX CASE NO.311/2011 ON THE FILE OF 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC DAVANAGEREQUASH THE IMPUGNED ORDER DTD.15.7.2019 VIDE ANENXURE-B PASSED IN EX CASE NO.311/2011 ON THE FILE OF 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC DAVANAGEREHOLD THAT EX CASE NO.311/2011 IS NOT SUSTAINABLE IN LAW AND CONSEQUENTLY DISMISS THE SAME AND ETC. THESE WRIT PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 10 - NC: 2025:KHC:12562 WP No. 41786 of 2019 C/W WP No. 42380 of 2019 WP No. 42381 of 2019 AND 3 OTHERS CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Counsel for the petitioner appearing for the Special Land Acquisition Officer, City Improvement Board, now Davanagere-Harihara Urban Development Authority, has filed a memo dated 04.02.2025 stating that the disputes in these petitions have been settled before the Lok-Adalath at Davanagere and hence, the petitioners do not press these writ petitions. 2. The memo is taken on record subject to all just exceptions. 3. Accordingly, these writ petitions are disposed of in view of the above. 4. Pending I.As., if any, stand disposed of. Sd/- (R DEVDAS) JUDGE DL CT: JL