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2025 DAILYLAW 29565 (KAR)

SMT. MUNIYAMMA v. UNION OF INDIA

WA/1072/2024 · 2025-04-02

K V Aravind, N V Anjaria Cj

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Judgment text

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- 1 - NC: 2025:KHC:13916-DB WA No. 1072 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE K. V. ARAVIND WRIT APPEAL NO. 1072 OF 2024 (LA-KIADB) BETWEEN: 1. SMT. MUNIYAMMA D/O THIPPAIAH AGED ABOUT 77 YEARS RESIDING AT KONAGHATTA VILLAGE DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT - 561 203. …APPELLANT (BY SRI. N. MANOJ, ADVOCATE FOR SRI. V. SANJAY KRISHNA, ADVOCATE) AND: 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY DEPARTMENT OF INFORMATION AND TECHNOLOGY MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY ELECTRONICS NIKETAN 6, CGD COMPLEX, LODHI ROAD NEW DELHI - 110 003. 2. STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT COMMERCE & INDUSTRIES DEPARTMENT Digitally signed by CHAITHRA Location: High Court of Karnataka - 2 - NC: 2025:KHC:13916-DB WA No. 1072 of 2024 VIKASA SOUDHA BENGALURU - 560 001. 3. SPECIAL LAND ACQUISITION OFFICER-2 KARNATAKA INDUSTRIAL AREA DEPARTMENT BOARD (KIADB) NO.39, SHANTIGRUHA, 4TH FLOOR BHARAT SCOUTS & GUIDES BUILDING PALACE ROAD BENGALURU - 560 001. 4. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD ( KIADB) REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER 4TH AND 5TH FLOOR, EAST WING "KHANIJA BHAVAN", RACE COURSE BENGALURU - 560 001. 5. STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT DEPARTMENT OF ELECTRONICS, INFORMATION TECHNOLOGY, BIOTECHNOLOGY, SCIENCE AND TECHNOLOGY M.S. BUILDINGS BENGALURU - 560 001. 6. SRI N.P. NARASIMHAMURTHY S/O A. PATALAPPA AGED ABOUT 49 YEARS 7. SRI ASHWATHAGOWDA S/O VENKATESHAPPA AGED ABOUT 62 YEARS, 8. SRI JAYARAMAIAH S/O SUBBANNA AGED ABOUT 67 YEARS - 3 - NC: 2025:KHC:13916-DB WA No. 1072 of 2024 9. SRI A MUNEGOWDA S/O ANJINAPPA, AGED ABOUT 62 YEARS RESPONDENT NOS.6 TO 9 ARE RESIDENTS OF ARUVANAHALLI VILLAGE KUNDANA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110. 10. SRI CHANDRAPPA S/O NARAYANASWAMY AGED ABOUT 66 YEARS (DISMISSED AS WITHDRAWN V/O DT 20-06-2023) 11. SRI VENKATESHA G S/O GOPALAPPA AGED ABOUT 37 YEARS 12. SRI. RAJANNA S/O DODDAANJINAPPA, AGED ABOUT 72 YEARS RESPONDENTS NOS.10 TO 12 ARE RESIDENTS OF CHAPPARADAHALLI VILLAGE KUNDANA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL - 562 110. 13. SRI SHAMANNA S/O BAIRAPPA AGED ABOUT 72 YEARS 14. SRI S. MANJUNATHA S/O SHAMANNA AGED ABOUT 41 YEARS - 4 - NC: 2025:KHC:13916-DB WA No. 1072 of 2024 15. SRI ANJINAPPA S/O BAIRAPPA AGED ABOUT 60 YEARS, 16. SRI ANIL KUMAR S/O NARAYANASWAMAPPA AGED ABOUT 42 YEARS (DISMISSED AS WITHDRAWN V/C/O DT. 10-01-2024) 17. SRI KRISHNAPPA S/O MUNISHAMAPPA AGED ABOUT 70 YEARS 18. SRI MANJUNATH N., S/O NARAYANASWAMY G.P. AGED ABOUT 49 YEARS 19. SMT. LAKSHMIDEVAMMA D/O BAIRANNA, AGED ABOUT 37 YEARS RESPONDENTS No.13 TO 19 ARE RESIDENTS OF DODDAGOLLAHALLI VILLAGE KUNDANA HOBLI DEVANAHALLI TALUK BENGALURU RURAL - 562 110. 20. SRI RAMANJINAPPA S/O DODDAMUNISHAMAPPA AGED ABOUT 62 YEARS, (DISMISSED AS WITHDRAWN V/C/O DT. 20-06-2023) 21. SRI ASHWATHAPPA S/O MUNIVENKAPPA AGED ABOUT 52 YEARS, (DISMISSED AS WITHDRAWN V/C/O DT. 20-06-2023) - 5 - NC: 2025:KHC:13916-DB WA No. 1072 of 2024 22. SRI GOPAL S/O LATE MUNIVENKATAPPA, AGED ABOUT 52 YEARS, (DISMISSED AS WITHDRAWN V/C/O DT. 20-06-2023) 23. SMT. YALLAMMA W/O VENKATAPPA AGED ABOUT 70 YEARS (DISMISSED AS WITHDRAWN V/C/O DT. 18-11-2023) 24. SRI NAGARAJU S/O MUNIANJINAPPA, AGED ABOUT 59 YEARS, RESPONDENTS NOS.20 TO 24 ARE RESIDENTS OF KONAGHATTA VILLAGE, DODDABALLAPUR TALUK BENGALURU RURAL DISTRICT - 561 203. …RESPONDENTS (BY SRI H. SHANTHI BHUSHAN, DGSI FOR R-1, SRI K.S. HARISH, GA FOR R-2 AND R-5, MS. P. VISHALI SRILAKSHMI, ADVOCATE FOR R-3 AND R-4) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE ABOVE APPEAL AND SET ASIDE THE ORDER DATED 26/02/2024 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN W.P.NO.16422/2022, IN SO FAR AS THE APPELLANT'S LAND IN SY.NO.23/1 AND 23/6 OF CHAPPARADHAHALLI VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT AND ETC. - 6 - NC: 2025:KHC:13916-DB WA No. 1072 of 2024 THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Learned advocate Mr. N. Manoj for learned advocate Mr. V. Sanjay Krishna for the appellant files a memo disclosing the factum of the death of the sole appellant. The memo is taken on record. 2. Learned advocate stated, while disclosing the aforesaid factum of the death of the appellant, that he has no instructions to prosecute the appeal nor has any instructions from the legal heirs. 3. In that view, the appeal is liable to be disposed of as not surviving. - 7 - NC: 2025:KHC:13916-DB WA No. 1072 of 2024 4. However, liberty is reserved to bring on record the legal representatives of the deceased appellant, if so want and if cause of action for them survives. 5. In such eventuality, application is permitted to be filed within six weeks for setting aside of abatement and impleadment of legal heirs. Accordingly this appeal is disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE CR List No.: 1 Sl No.: 46