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2025 DAILYLAW 39014 (KAR)

SMT. KUMARAMMA v. SPECIAL LAND ACQUISITION OFFICER

WP/27104/2025 · 2025-11-18

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47224 WP No. 27104 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 27104 OF 2025 (LA-KIADB) BETWEEN: SMT. KUMARAMMA, D/O LATE BYLAPPA, W/O NARASIMHAIAH, AGED ABOUT 53 YEARS, RESIDING AT RAYANNAGARA, NELAMANGALA TOWN AND TALUK, BANGALORE RURAL DISTRICT - 562 123. …PETITIONER (BY SRI. OMKARA MURTHY G, ADVOCATE) AND: 1. SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, ARAVINDA BHAVANA, BANGALORE - 560 001. 2. SRI K B RAMACHANDRA, S/O LATE BYLAPPA, AGED ABOUT 65 YEARS, RESIDING AT NO.12, G-BLOCK, P AND T QUARTERS (BSNL), SULTHANPALYA, BANGALORE - 560 032. …RESPONDENTS (BY SRI. H.N.VASUDEV, ADVOCATE FOR R1; SRI. M MURALI BABU, ADVOCATE FOR R2) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47224 WP No. 27104 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE REPRESENTATION DATED 26-11-2024 PRODUCED AT ANNEXURE-F AND NOT TO DISBURSE THE COMPENSATION AMOUNT TO THE RESPONDENT NO.2 AND TO DEPOSIT THE SAME BEFORE THE COMPETENT CIVIL COURT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has approached this Court seeking a writ of mandamus directing respondent No.1 to consider her representation dated 26.11.2024 (Annexure-F) and further, requesting the authorities not to disburse the compensation amount to respondent No.2, but instead to deposit the same before the Competent Civil Court in view of the dispute regarding entitlement. 2. Heard the learned counsel for the petitioner, Sri. H.N.Vasudev, learned counsel appearing for - 3 - HC-KAR NC: 2025:KHC:47224 WP No. 27104 of 2025 respondent No.1 and Sri. M.Murali Babu, learned counsel for respondent No.2. 3. Brief facts of the case are as under: One Hanumanthaiah had three sons - Hucchaiah, Muddiraiah and Huchanarasaiah. The petitioner is the daughter of Bylappa S/o Hucchaiah, respondent No.2 is her brother. According to the petitioner, land in Survey No.80 measuring 2 acres 07 guntas situated in machanahalli Village, Sompura Hobli, Nelamangala (for short 'property') is the ancestral property. In the family partition, among the three branches, 29 guntas fell to the share of petitioner's father was recorded in the name of respondent No.2. After Hissa Phodi, the land stood as Survey No.80/3 in the name of respondent No.2. The petitioner contends that no partition has yet taken place between herself and respondent No.2 and therefore, the disbursement compensation exclusively in favour of respondent No.2 would be prejudicial to her rights. She - 4 - HC-KAR NC: 2025:KHC:47224 WP No. 27104 of 2025 filed objections before respondent No.1 requesting reference of the dispute under Sections 30 and 31 of the Land Acquisition Act, 1894. 4. Learned counsel for the petitioner submits that despite the representation dated 26.11.2024, respondent No.1 has not taken any decision and respondent No.2 is making efforts for release of the compensation amount. 5. Learned counsel for respondent No.1-KIADB submits that the petitioner's representation will be considered in accordance with law within a time bound manner. 6. Without expressing any opinion on the merits of the rival claims or on the entitlement of either party to the compensation, the grievance of the petitioner would stand meted out, if necessary direction is issued to respondent No.1 to consider the same. Accordingly, this Court pass the following: - 5 - HC-KAR NC: 2025:KHC:47224 WP No. 27104 of 2025 ORDER i) The writ petition is disposed of. ii) Respondent No.1 is directed to consider the petitioner's representation dated 26.11.2024 (Annexure-F) and to pass appropriate orders in accordance with law, within a period of four(4) weeks from the date of receipt of a certified copy of this order. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 11