- 1 - HC-KAR NC: 2025:KHC:42916 WP No. 13763 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.13763 OF 2025 (LA-RES) BETWEEN: 1. SMT. GOWRAMMA D/O. RAMAKKA W/O. SRI NARAYANASWAMY AGED ABOUT 58 YEARS, 2. SMT. MUNIYAMMA D/O. RAMAKKA W/O. VENKATARAYANA AGED ABOUT 56 YEARS, 3. SMT. SHANTHA D/O. RAMAKKA W/O. SRI KESHAVA MURTHY AGED ABOUT 53 YEARS, RESIDING AT NO.L-17, II A MAIN ROAD, HSR LAYOUT SECTOR, BENGALURU-560 102. 4. SMT. NAGAMMA D/O. RAMAKKA W/O. VENKATESH AGED ABOUT 43 YEARS, 5. SRI NARAYANA S/O. RAMAKKA AGED ABOUT 45 YEARS, 6. SMT. RAJESHWARI W/O. LATE MUNIRAJU AGED ABOUT 52 YEARS, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42916 WP No. 13763 of 2025 7. SRI ARUN S/O. LATE MUNIRAJU AGED ABOUT 35 YEARS, 8. SRI SURESH S/O. LATE MUNIRAJU, AGED ABOUT 32 YEARS, 9. SMT. LAKSHMI D/O. LATE MUNIRAJU, AGED ABOUT 32 YEARS, 10. SMT. NETRAVATHI D/O. LATE MUNIRAJU, AGED ABOUT 31 YEARS, RESPONDENT NOS.1 TO 10 ARE REP. BY SPA HOLDER KESHAVAMURTHY, AGED ABOUT 66 YEARS, RESIDING AT NO.462, KESHAVA TOWER, 25TH MAIN, II STAGE, I PHASE, B.T.M.LAYOUT, BENGALURU-560 076. …PETITIONERS (BY SRI RAMESH R., ADVOCATE FOR SRI V.B. SHIVA KUMAR, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER & COMPETENT AUTHORITY NH-209, NATIONAL HIGHWAYS AUTHORITY OF INDIA (CENTRAL) & MALAVALLI, MANDYA DISTRICT-571430. 2. SMT. MUNIPAPAMMA D/O. LATE B.V. RAMANNA AGED ABOUT 75 YEARS, RESIDING AT K.R.S. AGRAHARA KUNIGAL TOWN, KUNIGAL, TUMKURU-572 130. - 3 - HC-KAR NC: 2025:KHC:42916 WP No. 13763 of 2025 3. SMT. MUNIRATNA D/O. LATE AMBARISHA AGED ABOUT 74 YEARS, RESIDING AT PARAPPANA AGRAHARA, BENGALURU-560 011. 4. SMT. MUNILAKSHMI D/O. SRINIVASA AGED ABOUT 71 YEARS, RESIDING AT BAIRASANDRA, JAYANAGARA 3RD BLOCK, BENGALURU-560 011. 5. SRI KRISHNA REDDY S/O. GOLURU SUBBAREDDY AGED ABOUT 70 YEARS, RESIDING AT KAGGALIPURA VILLAGE, UTTARAHALLI-2 HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560 082. 6. SRI ABBAIAH S/O. GOLURU SUBBAREDDY AGED ABOUT 68 YEARS, RESIDING AT KAGGALIPURA VILLAGE, UTTARAHALLI-2 HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560 082. 7. SRI NAGESHA S/O. ABBAIAH AGED ABOUT 69 YEARS, RESIDING AT KAGGALIPURA VILLAGE, UTTARAHALLI-2 HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560 082. SRI MUNIKRISHNA SINCE DEAD BY HIS Lrs. 8. SMT. LALITHAMMA W/O. LATE MUNIKRISHNAPPA, - 4 - HC-KAR NC: 2025:KHC:42916 WP No. 13763 of 2025 AGED ABOUT 72 YEARS, RESIDING AT KAGGALIPURA VILLAGE, UTTARAHALLI-2 HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560 082. 9. SRI MUNESH S/O. LATE MUNIKRISHNAPPA, AGED ABOUT 50 YEARS, RESIDING AT KAGGALIPURA VILLAGE, UTTARAHALLI-2 HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560 082. 10. SRI MUNINARAYANA S/O. ABBAIAH AGED ABOUT 66 YEARS, RESIDING AT KAGGALIPURA VILLAGE, UTTARAHALLI-2 HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560 082. 11. SMT. DODDACHINNAMMA W/O. LATE THIMMAIAH, D/O. LATE ERAIAH @ GULERAIAH, AGED ABOUT 82 YEARS, RESIDING AT VADARADODDI VILLAGE, NIDAGATTA POST, ATHAKURU HOBLI, MADDUR TALUK, MANDYA DISTRICT-571430. 12. SMT. THIMAKKA W/O. GURUMURTHY D/O. LATE ERAIAH @ GULERAIAH, AGED ABOUT 76 YEARS, RESIDING AT NO.6, NEAR YELLAMMA TEMPLE, VASADEVAPURA VILLAGE, THARALU, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560082. - 5 - HC-KAR NC: 2025:KHC:42916 WP No. 13763 of 2025 13. SRI CHINNAPPA S/O. LATE ERAIAH @ GULERAIAH, AGED ABOUT 80 YEARS, RESIDING AT NO.6, NEAR YELLAMMA TEMPLE, VASADEVAPURA VILLAGE, THARALU, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560082. ABBAIAH SINCE DECEASED BY HIS Lrs. 14. SMT. LAKSHMAMMA W/O. LATE ABBAIAH, AGED ABOUT 72 YEARS, RESIDING AT NO.6, NEAR YELLAMMA TEMPLE, VASADEVAPURA VILLAGE, THARALU, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560082. 15. KUMARI D/O. LATE ABBAIAH, AGED ABOUT 50 YEARS, RESIDING AT NO.6, NEAR YELLAMMA TEMPLE, VASADEVAPURA VILLAGE, THARALU, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560082. 16. MANJULA D/O. LATE ABBAIAH, AGED ABOUT 46 YEARS, RESIDING AT NO.6, NEAR YELLAMMA TEMPLE, VASADEVAPURA VILLAGE, THARALU, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560082. - 6 - HC-KAR NC: 2025:KHC:42916 WP No. 13763 of 2025 17. SHILPA S/O. LATE YOGESH DAUGHTER-IN-LAW OF LATE ABBAIAH, AGED ABOUT 38 YEARS, RESIDING AT NO.6, NEAR YELLAMMA TEMPLE, VASADEVAPURA VILLAGE, THARALU, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560082. 18. SRI A. NAGESH S/O. LATE ABBAIAH, AGED ABOUT 38 YEARS, RESIDING AT NO.6, NEAR YELLAMMA TEMPLE, VASADEVAPURA VILLAGE, THARALU, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560082. …RESPONDENTS (BY SRI SAINATH D.M., ADVOCATE FOR R-1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE IX ADDL DISTRICT AND SESSIONS JUDGE,BENGALURU RURAL DISTRICT, BENGALURU TO FORTHWITH RESTORE THE MISC.NO.51-2019 DISMISSED BY ITS ORDER DATED 15.01.2025 WHICH IS AT ANNEXURE-A. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 7 - HC-KAR NC: 2025:KHC:42916 WP No. 13763 of 2025 ORAL ORDER Heard learned counsel for the petitioners and learned counsel for respondent No.1. 2. The petitioners were arrayed as respondent Nos.13 to 21 in Civil Miscellaneous No.51/2019 filed by respondent No.1-Land Acquisition Officer, National Highways Authority of India, for determining the person who is entitled to the compensation for the acquisition of the scheduled property bearing Sy.Nos.294/2 and 295/2 after conducting due enquiry. The said proceedings being a reference under Section 3H(4) of the National Highway Authority Act, 1956 (‘NH Act’ for short), is a limited enquires before the Civil Court to decide inter se entitlement among rival claimants to the compensation amount, without entering into the question of the ownership or title. 3. Respondent No.8 filed a claim statement on 11.04.2024 in Civil Miscellaneous No.51/2019. Likewise, - 8 - HC-KAR NC: 2025:KHC:42916 WP No. 13763 of 2025 respondent No.7 filed his claim statement on 10.02.2023 and led evidence in support of his claim. The petitioners, represented by their GPA holder filed an application seeking impleadment. The said application came to be allowed. 4. Subsequently, the trial Court, by its order dated 15.01.2025, dismissed the petition filed by respondent No.1 under Section 3H(4) of the NH Act. 5. Aggrieved by the said order, the petitioners have approached this Court seeking a mandamus/direction to the trial Court to forthwith restore Civil Miscellaneous No.51/2019, which came to be dismissed by order dated 15.01.2025. 6. The petitioners have urged several grounds in support of the writ petition, contending inter alia that they were entitled to be heard before dismissal of Civil Miscellaneous No.51/2019. From the material on record, it is evident that a Civil Suit in O.S.No.2244/2007 between - 9 - HC-KAR NC: 2025:KHC:42916 WP No. 13763 of 2025 the parties for partition and separate possession of the very properties is pending adjudication before the Competent Civil Court. 7. Upon consideration of the submissions and perusal of the records, this Court finds that the petitioners have not made out any valid ground to interfere with the order of the trial Court, dismissing Civil Miscellaneous No.51/2019. Accordingly, the writ petition is dismissed as devoid of merits. 8. However, it is made clear that the determination of entitlement to compensation shall be subject to the final outcome of the aforesaid Civil Suit in O.S.No.2244/2007, which is pending adjudication. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 6