- 1 - HC-KAR NC: 2025:KHC:40758 WP No. 28853 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 28853 OF 2025 (LA-RES) BETWEEN: SRI. VEERANNA S/O LATE CHIKKABHADRAIAH AGE ABOUT 77 YEARS, KESTUR VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK - 561 203. REP BY HIS SPECIAL POWER OF ATTORNEY HOLDER, SRI MOHAN KUMAR K V, AGE ABOUT 38 YEARS, KESTUR VILLAGE KASABA HOBLI, DODDABALLAPUR TALUK. …PETITIONER (BY SRI. KUMBAR VASANT FAKEERAPPA, ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40758 WP No. 28853 of 2025 AND: 1. THE SPECIAL LAND ACQUISITION OFFICER ACQUISITION OFFICER, NATIONAL HLIGH WAY- 207, SITE OFFICE NELAMLANGALA- 562123 2. SRI K KB KEMPAIAH S/O LATE BACHANNA, AGED ABOUT 89 YEARS, KESTUR GRAMA, KASABA HOBLI, DODDABALLAPURA TALUK 561203. …RESPONDENTS (BY SRI. N.KUMAR, ADVOCATE FOR R1) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE LEARNED IV ADDITIONAL DISTRICT AND SESSION JUDGE AT DODDABALLAPUR IN MISCELLANEOUS NO.10026/2022 ON I.A.NO.11 FILED BY THE PETITIONER UNDER SECTION 10 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE DTD. 22.03.2025 VIDE AT ANNX-F. - 3 - HC-KAR NC: 2025:KHC:40758 WP No. 28853 of 2025 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 Sri. N.Kumar, learned counsel is directed to take notice for respondent No.1. 2. The petitioner has approached this Court seeking to quash the order dated 22.03.2025, passed by the IV Additional District and Session Judge at Doddaballapur (for short 'Trial Court') in Miscellaneous No.10026/2022 on I.A.No.11, filed by the petitioner under Section 10 read with Section 151 of the Code of Civil Procedure, 1908 (for short ‘CPC'). By the impugned order, the Trial Court has rejected the said application. 3. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for respondent No.1. 4. Brief facts of the case are as under: - 4 - HC-KAR NC: 2025:KHC:40758 WP No. 28853 of 2025 The land bearing Survey No.155, situated at Kesthur Village, Doddaballapur Taluk originally belonged to the joint family of the petitioner and respondent No.2. There was a division between their families, under which the petitioner's family was allotted 37½ guntas and the family of respondent No.2 was allotted 2 acres 32½ guntas upon division and podi, respective properties were assigned new Survey No.155/1 for petitioner's share and Survey No.155/2 for respondent No.2's share. Respondent No.1 initiated acquisition proceeding for an extent of 949 square meters in Survey No.155 for the purpose of the National Highway. Respondent No.2 held that the petitioner's land in Survey No.155/1 lies to the rear and does not abut the National Highway. The petitioner challenged the said order before the Deputy Director of Land Records (for short 'DDLR'), who dismissed the appeal preferred by the petitioner. The petitioner preferred appeal before the Joint Director of Land Records (for short 'JDLR'), who upon hearing, set aside the order of the DDLR and held that the - 5 - HC-KAR NC: 2025:KHC:40758 WP No. 28853 of 2025 petitioner's land in Survey.No.155/1 also abuts the highway. Despite this finding, respondent No.2, with knowledge of the said order, is now making hectic efforts to receive the entire compensation amount, as the notification was issued in his name. 5. It is submitted that, in light of the order passed by the JDLR, which clearly holds that the petitioner's land abuts the highway and considering the extent of 949 Square meters were acquired, the petitioner's share cannot be excluded. However, the said order of JDLR has been challenged by respondent No.2, before this Court in WP.No.18907/2022. Under these circumstances, the petitioner filed an application under Section 10 of CPC seeking a stay of further proceedings in Miscellaneous No.10026/2022 until disposal of the writ petition No.18907/2022. As the respondent No.2 has already challenged the order of the JDLR before this Court in WP.No.18907/2022, the present challenge to the order passed on I.A.No.11 under Section 10 of CPC is not - 6 - HC-KAR NC: 2025:KHC:40758 WP No. 28853 of 2025 maintainable by way of a separate writ petition. Since the lis whether the petitioner's land abuts the highway or not is already pending consideration in the aforesaid writ petition. Hence, there is no merit in the present writ petition and accordingly, the same is dismissed. 6. It is however, needless to observe that the petitioner shall be at liberty to approach in WP.No.18907/2022, if so advised, in accordance with law. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 21