- 1 - NC: 2025:KHC:2404 WP No. 20669 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 20669 OF 2022 (LA-RES) BETWEEN: SHANTHAPPA SINCE DEAD BY HIS LRS 1. SRI. MADAPPA S/O MALLIKARJUNAPPA AGED ABOUT 68 YEARS SATHAGALLI VILLAGE KASABA HOBLI, MYSURU – 570 019. 2. SMT. PARVATHAMMA D/O LATE SHANTHAPPA AGED ABOUT 64 YEARS 3. SRI MALLESH S/O LATE SHANTHAPPA AGED ABOUT 46 YEARS 4. MALLINGAMMA D/O LATE SHANTHAPPA AGED ABOUT 43 YEARS 5. MANJULA D/O LATE SHANTHAPPA AGED ABOUT 40 YEARS 6. S.PARAMESH S/O LATE SHANTHAPPA Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:2404 WP No. 20669 of 2022 AGED ABOUT 38 YEARS 7. S.KUMARASWAMY S/O LATE SHANTHAPPA AGED ABOUT 36 YEARS PETITIONERS 2 TO 7 ARE R/AT SATHAGALLI VILLAGE KASABA HOBLI, MYSURU – 570 019. …PETITIONERS (BY SRI SONA VAKKUND, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE MULTI STORIED BUILDING DR. AMBEDKAR VEEDI BENGALURU – 560 001. (BY ITS UNDER SECRETARY). 2. THE DEPUTY COMMISSIONER MYSURU DISTRICT MYSURU – 570 001. 3. THE SPECIAL LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER MYSURU SUB DIVISION MYSURU, MANDYA TOWN – 571 401. 4. THE EXECUTIVE SECRETARY MADHUVANA HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., D.NO.3, 3, 5, 3RD CROSS MANASA ROAD, INDIRA NAGARA - 3 - NC: 2025:KHC:2404 WP No. 20669 of 2022 MYSURU – 570 010. …RESPONDENTS (BY SMT. B.SUKANYA BALIGA, AGA FOR R1 TO R3; SRI S.V.SHANKAR, SR. COUNSEL FOR SMT. MAMATHA G.KULKARNI, ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION DIRECTING THE RESPONDENTS / PARTICULARLY THE R3 TO PASS ORDERS IN THE MATTER PENDING CONSIDERATION IN NUMBER LAQ.03.1989-90 28(A) 49, 2019-20 UNDER SECTION 28(A) OF THE LAND ACQUISITION ACT, 1984, AT ANNEXURE ‘C’ SEEKING RE DETERMINE THE PAYMENT OF COMPENSATION AS DETERMINED IN TERMS OF LAC NO.294/2005 DTD 20.11.2008 WITHIN A PERIOD OF 1 MONTH OR AS THIS HONBLE COURT DEEMS FIT TO DIRECTS IN ORDER TO SECURE THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER The petitioners are before this Court seeking the following relief: “1. Issue and order or direction in the nature of writ of MANDAMUS directing the respondents/particularly the 3rd Respondent to pass orders in the matter pending consideration in Number LAQ.03/1989-90 28(A) 49, 2019-20 under section 28(A) of the Land Acquisition Act, 1984 at Annexure-C seeking re determine the payment of compensation as determined in terms of LAC.No.294/2005 dated 20/11/2008 within a period of 1 month or as this Hon’ble court deems fit to directs in order to secure the ends of justice and equity. - 4 - NC: 2025:KHC:2404 WP No. 20669 of 2022 2. Grant such other relief/s as this Hon’ble court deems fit to grant in the facts and circumstances of the case in order to do substantial justice to the petitioner in order to secure the ends of justice and equity.” 2. The case of the petitioners is that, the first petitioner is the absolute owner of the land in survey Nos.14 and 17/2, measuring to an extent of 6 acres 25 guntas and 2 acres 01 gunta respectively, situated at Sathagalli Village, Mysuru Taluk. Similarly, one late Shanthappa was the original owner of the land in survey Nos.24 and 31, measuring to an extent of 9 acres 19 guntas and 3 acres 10 guntas respectively, situated in the aforesaid village. The said Shantappa passed away during the pendency of the application at Annexure ‘B’, leaving behind the petitioners Nos.2(a) to (f) as his heirs. 3. That the aforesaid lands were acquired by respondent No.3 – the Special Land Acquisition Officer in terms of the preliminary notification dated 08.03.1990, issued under Section 4(1) of the Land Acquisition Act, 1984 and in terms of the final notification dated 04.04.1991, for the purpose of formation of a residential layout namely, DTS Rao Nagar Layout for the benefit of respondent No.4 – Co-operative Society. That the - 5 - NC: 2025:KHC:2404 WP No. 20669 of 2022 acquisition has attained finality. No relief is sought against respondent No.4 –Co-operative Society. However, respondent No.4 – Co-operative Society is arrayed as formal party in this petition. 4. Smt. Sona Vakkund, learned counsel for the petitioners appearing through video conferencing submits that respondent No.3, who has received the claim/reference petition on 03.02.2009, in LAQ.03/1989-90 28(A) 49/2019-20, having reserved the matter for passing orders as far as back on 30.03.2022, has not passed the orders till date. Hence, the petitioners seek the aforesaid relief. 5. In response, Sri S.P.Shankar, learned Senior counsel for respondent No.4 –Co-operative Society submits that though two petitions were filed, one by Madappa and another by the legal representatives of late Shanthappa, only one proceeding has been initiated and respondent No.4, the beneficiary has not been made as a party to the same and that the respondent No.4 -Co-operative Society has not been given sufficient opportunity to contest the matter. He further submits that if the matter is remitted to respondent No.3-Special Land - 6 - NC: 2025:KHC:2404 WP No. 20669 of 2022 Acquisition Officer and Assistant Commissioner, with a direction to give an opportunity to respondent No.4, the beneficiary and thereafter to dispose off the matter in accordance with law, he has no objection for allowing the petition. Submission taken on record. 6. It is evident that respondent No.3 had apparently reserved the matter on 30.03.2022, for pronouncement of the matter and has not passed the orders till date. Though learned Senior counsel for respondent No.4-Co-operative Society submits that it has not been made party in the petitions filed by Madappa and the legal representatives of Shantappa, records reveal that respondent No.3 has taken up both these applications for consideration together in the aforesaid case No.LAQ.03/1989-90 28(A) 49/2019-20 and respondent-Co- operative Society is arrayed as the respondent therein. Therefore the contention of the said society not having been made as party separately appears to be too technical. Nonetheless since the respondent No.3 though has reserved the matters for orders on 30.03.2022 and has not passed orders till date, it is in the interest of justice parties here be - 7 - NC: 2025:KHC:2404 WP No. 20669 of 2022 provided an opportunity of hearing and thereafter appropriate orders in accordance with law be passed. 7. It is made clear that no opinion with regard to the merit of the case is expressed. 8. In view of the aforesaid facts and submissions of the learned counsel for the parties, the following: ORDER a. The petition is allowed. b. Respondent No.3 – the Special Land Acquisition Officer and Assistant Commissioner, before whom the petitions filed under Section 28(A) of the Land Acquisition Act, 1984, is pending consideration in case No.LAQ.03/1989-90 28(A) 49/2019-20, is directed to dispose off the matter afresh after affording sufficient opportunity to both the parties and shall pass orders in accordance with law within an outer limit of six months from the date of receipt of certified copy of this order. c. The parties are at liberty to file additional versions or statements along with the documents, if advised. - 8 - NC: 2025:KHC:2404 WP No. 20669 of 2022 Since the parties are represented by their respective learned counsel, they shall appear before respondent No.3 on 10.02.2025, without awaiting any further notice by respondent No.3. Sd/- (M.G.S. KAMAL) JUDGE NVJ List No.: 1 Sl No.: 20