- 1 - HC-KAR NC: 2025:KHC:42124 WP No. 4024 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 4024 OF 2025 (LA-KIADB) BETWEEN: 1. SMT. LAKSHMAMMA D/O LATE MUNISANJEEVAPPA @ PILLAPPA W/O SRI THAMMEGOWDA AGED ABOUT 67 YEARS R/O KODIHALLI VILLAGE KONNAGHATTA POST, KASABA HBLI, DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT DODDABALLAPURA-562 163. 2. SMT. RATHNAMMA D/O. LATE. MUNISANJEEVAPPA @ PILLAPPA W/O. SRI KRISHNAPPA AGED ABOUT 55 YEARS R/O. MANDIKALLU VILLAGE, MANDIKALLU HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT CHIKKABALLAPURA-562104. 3. SMT. PARVATHAMMA D/O. LATE. MUNISANJEEVAPPA @ PILLAPPA W/O. SRI. RAMAKRISHNAPPA AGED ABOUT 70 YEARS R/O.3, LAKE ROAD, JAKKURU, BENGALURU NORTH TALUK, BENGALURU-560064. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42124 WP No. 4024 of 2025 4. SRL. MANJUNATH S/O. LATE. JAYAMMA AND LATE. RAJANNA GRANDSON OF TE.MUNISANJEEVAPPA @ PILLAPPA AGED ABOUT 47 YEARS R/O.GANTIGANAHALLI VILLAGE, ODIHALLI VILLAGE, TUBUGERE HOBLI DODDABALLAPURA TALUK, DODDABALLAPURA-561205. …PETITIONERS (BY SRI. BHASKAR BABU H.J., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES DR. AMBEDKAR VEEDHI BENGLAUR-560 001. 2. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO.49, 4TH AND 5TH FLOOR EAST WING, KHANIJA BHAVAN RACE COURSE ROAD BANGLAORE-560001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 3. SPECIAL LAND ACQUISITION OFFICE-II (BMICPA) KIAD NO.39, SHANTHIGRUHA, BHARRATHA SCOUT AND GUIDES BUILDING 4TH FLOOR, PALACE ROAD BENGALURU-560 001. 4. SMT. RUKMINI W/O LATE KRISHNAPPA GRAND DAUGHTER-IN-LAW OF LATE MUNISANJEEVAPPA @ PILLAPPA AGED ABOUT 52 YEARS R/A NO. 1269 - 3 - HC-KAR NC: 2025:KHC:42124 WP No. 4024 of 2025 VIJAYALAKSHMI BUILDING 1ST MAIN ROAD, GANDGINAGARA YELAHANKA OLD TOWN BENGALURU-560 064. 5. SMT. BHAGYAMMA D/O LATE PAPEGOWDA AND MARIYAMMA W/O LATE SRI SRINIVASA AGED ABOUT 64 YEARS R/AT NO.1715, 7TH MAIN ’E’ BLOCK, 2ND STAGE RAJAJINAGAR BENGALURU-560 010. 6. SRI BACHEGOWDA S/O LATE NANJEGOWDA AGED ABOUT 62 YEARS R/A JANAPADA NILAYA NEAR ANJANEYA TEMPLE 2ND CROSS, DASARAHALLI KEMPAPURA YELAHANKA HOBLI BENGALURU-560 074. 7. SRI. PAPEGOWDA SO LATE NANJEGOWDA AGED ABOUT 60 YEARS, RIO KODIHALLI VILLAGE, KONNAGHATTA POST, KASABA HOBLI. DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT, DODDABALLAPURA-562 163. 8. SMT. RADHAMMA D/O. LATE. NANJEGOWDA W/O. SRI. ANJINAPPA AGED ABOUT 72 YEARS R/O. KODIHALLI VILLAGE, KONNAGHATTA POST, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT, DODDABALLAPURA-562163. - 4 - HC-KAR NC: 2025:KHC:42124 WP No. 4024 of 2025 9. SMT. PILLAMMA D/O. LATE. NANJEGOWDA W/O. SRI. NARASEGOWDA AGED ABOUT 56 YEARS R/O. HADANAHALLI VILLAGE, TUBUGERE HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT, DODDABALLAPURA-562105. 10. SMT. LAKSHMAMMA D/O. LATE. NANJEGOWDA W/O. SRI. NAGARAJA AGED ABOUT 54 YEARS R/O. BYREDENAHALLI, VILLAGE, KUNDANA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT, DODDABALLAPURA-562110. 11. SMT. NAGAMMA DAUGTHER-IN-LAW OF LATE. NANJEGOWDA W/O. LATE. CHANNAKESHAVA NO.9, NEAR MUNESHWARA TEMPLE BALAJI LAYOUT, NAGENAHALLI. DR. SHIVARAMKARANTHNAGAR. BASAVESHWARANAGARA, BENGALURU-56. 12. SMT. SUSHMA. C GRAND DAUGHTER OF LAT. NANJEGOWDA D/O. LATE. CHANNAKESHAVA W/O. SRI. B.K. JAGADISH AGED ABOUT 32 YEARS R/O. BETTAKOTE, BENGALURU RURAL DISTRICT BENGALURU-562129. 13. SMT. SUDHA. C GRAND DAUGHTER OF LAT. NANJEGOWDA D/O. LATE. CHANNAKESHAVA - 5 - HC-KAR NC: 2025:KHC:42124 WP No. 4024 of 2025 W/O. SRI. MANJUNATH. R.B AGED ABOUT 29 YEARS R/A. NO.204, RAMNATHPURA, BENGALURU RURAL DISTRICT BENGALURU-562110. 14. SRI. VIJAYAPPA S/O. LATE. RAMAPPA AGED ABOUT 54 YEARS R/O. KODIHALLI VILLAGE, KONNAGHATTA POST, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT, DODDABALLAPURA-562163. 15. SMT. JAYAMMA D/O. LATE. RAMAPPA AGED ABOUT 50 YEARS R/O. KODIHALLI VILLAGE, KONNAGHATTA POST, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT, DODDABALLAPURA-562163. 16. SRI. NAGESH S/O. LATE. RAMAPPA AGED ABOUT 48 YEARS R/O. KODIHALLI VILLAGE, KONNAGHATTA POST, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT, DODDABALLAPURA-562163. 17. SMT. AMARAVATHI D/O. LATE. RAMAPPA AGED ABOUT 46 YEARS R/O. KODIHALLI VILLAGE, KONNAGHATTA POST, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT, DODDABALLAPURA-562163. - 6 - HC-KAR NC: 2025:KHC:42124 WP No. 4024 of 2025 18. SRI. MUNEENDRA S/O. LATE. RAMAPPA AGED ABOUT 44 YEARS R/O. KODIHALLI VILLAGE, KONNAGHATTA POST, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT, DODDABALLAPURA-562163. …RESPONDENTS (BY SRI. HARISHA A.S., AGA FOR R1; SRI H.N. VASUDEVAN, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS OF THE ACQUISITION PROCEEDINGS OF SCHEDULE LANDS PENDING BEFORE THE RESPONDENTS NO.3 AND DIRECTING THE RESPONDENTS NO.1 TO 3 DETERMINE THE COMPENSATION AMOUNT IN RESPECT OF THE SCHEDULE PROPERTY BY ENTERING INTO AN AGREEMENT WITH THE PETITIONERS AND RESPONDENTS NO.4 TO 18 IN TERMS OF THE JUDGEMENTS PASSED IN O.S.NO.216/1974, R.A.NO.92/1982 AND R.S.A.NO.106/1989 ANNEXURE A AND ANNEXURE-B AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Learned Additional Government Advocate accepts notice for respondent No.1. 2. Sri H.N. Vasudevan., learned counsel is directed to accept notice for respondent Nos.2 and 3. - 7 - HC-KAR NC: 2025:KHC:42124 WP No. 4024 of 2025 3. Heard learned counsel for the petitioners, learned Additional Government Advocate for respondent No.1 and learned counsel for respondent Nos.2 and 3. 4. The present petition is listed for orders. With the consent of both the parties, the matter is taken up for final disposal. 5. The petitioners in this writ petition are seeking for the following prayers: “(a) Call for the entire records of the acquisition proceedings of schedule lands pending before the respondents No.3. (b) Directing the respondents No.1 to 3 determine compensation amount in respect of the schedule property by entering into an agreement with the petitioners and respondents No.4 to 18 in terms of the judgements passed in O.S.No.216/1974 ANNEXURE-A, R.A.No.92/1982 and R.S.A.No.106/1989 ANNEXURE-B. (c) Directing the respondents No.1 to 3 to pay the compensation amount of the schedule properties directly to the petitioners and - 8 - HC-KAR NC: 2025:KHC:42124 WP No. 4024 of 2025 respondents No.4 to 18 by apportioning their each share in terms of the judgements passed in O.S.No.216/1974 ANNEXURE-A, R.A.No.92/1982 and R.S.A.No.106/1989 ANNEXURE-B. (d) Issue any other appropriate directions to the respondent as the Hon'ble court deems fit in the interest of Justice and equity.” 6. The petitioners and respondent Nos.4 to 18 are the legal heirs of late Gowdanavara Munisanjeevappa, who was the owner of lands bearing Sy.No.133/1 measuring 1 acre 10 guntas, Sy.No.160 measuring 1 acre 3 guntas, Sy.No.165 measuring 6 acres 16 guntas and Sy.No.168 measuring 26 guntas of lands situated at Konnaghatta Village, Kasaba Hobli, Doddaballapura Taluk, Bengaluru Rural District. A suit in O.S.No.216/1974 was filed for partition and separate possession among the petitioners and respondent Nos.4 to 18, which was decreed on 30.06.1982. The said judgment and decree passed in the said suit has been confirmed in R.S.A.No.106/1989 and - 9 - HC-KAR NC: 2025:KHC:42124 WP No. 4024 of 2025 the final decree in F.D.P.No.102/2023 is pending consideration before the trial Court. 7. Respondent No.5-Bhagyamma, had filed W.P.No.29116/2024, seeking direction to respondent No.3 to deposit the compensation before the competent Court in view of the acquisition of the lands belonging to the petitioners and respondent Nos.4 to 21 therein, which came to be disposed of and the present petitioners are before this Court. 8. The Co-ordinate Bench of this Court in W.P.No.29116/2024 passed the following order: “ORDER (i) Petition is disposed of. (ii) Petitioner and the private respondents are at liberty to make representation before the Respondent -KIADB in further in to their respective claims. (iii) Respondent -KIADB shall provide an opportunity to the petitioner and private respondents before disbursing the - 10 - HC-KAR NC: 2025:KHC:42124 WP No. 4024 of 2025 compensation to be determined in respect of the acquired land. (iv) If required respondent -KIADB may also pass appropriate orders under Sections 30 and 31 of the Land Acquisition Act, 1894 as contemplated thereunder.” 9. Undisputedly the present petitioners were respondents in the said writ petition. In this writ petition, the petitioners seek a direction to determine the compensation in respect of the acquired lands by entering into an agreement with the petitioners and respondent Nos.4 to 18 in terms of the earlier judgments, and to disburse the amount directly by apportioning their respective shares. It is also undisputed that during the pendency of the Civil proceedings, respondent No.2-KIADB initiated acquisition proceedings for the same land, and the final decree proceedings are still pending before Civil Court. 10. In view of the pendency of the final decree proceedings, directing respondent Nos.1 to 3 to pay - 11 - HC-KAR NC: 2025:KHC:42124 WP No. 4024 of 2025 compensation by apportioning the shares of the petitioners and others, as sought, is not be permissible. Moreover, the issue is covered by the order passed in W.P.No.29116/2024. Accordingly, the present petition is disposed of. The respondent-Authority is directed to deposit the compensation amount before the competent Civil Court within two months from the date of receipt of a certified copy of this order. The disbursement or apportionment of compensation shall be subject to the outcome of F.D.P.No.102/2023. Liberty is reserved to the petitioners and private respondents to seek appropriate relief before the said Court. Sd/- _________________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 14