- 1 - NC: 2025:KHC:8154 WP No. 29116 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 29116 OF 2024 (LA-KIADB) BETWEEN: SMT BHAGYAMMA AGED ABOUT 63 YEARS W/O LATE SRINIVASA D/O SMT MARIAYAMMA AND PAPEGOWDA R/AT NO.3129, 9TH CORSS, C BLOCK GAYTHRINAGAR - 560 021. …PETITIONER (BY SRI. YASHWANTH B.N., ADVOCATE FOR SRI. UDAY K S.,ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY ITS PRINCIPALSECRETARY DEPARTMENT OF COMMERCE & INDUSTRIES DR AMBEDKAR VEEDHI BENGALURU- 560 001. 2. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO.49, 4TH AND 5TH FLOOR EAST WING KHANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001 REP BY ITS CHIEF EXECUTIVE OFFICER. 3. SPECIAL LAND ACQUISITION OFFICER II (BMICP) KARNATAKA INDUSTIAL AREAS DEVELOPMENT BOARD #39 SHANTHIGRUHA BHARATHA SCOUT AND GUIDE BUILDING Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8154 WP No. 29116 of 2024 4TH FLOOR, PALACE ROAD BENGALURU - 560 001. 4. SRI. MANJUNATHA AGED ABOUT 46 YEARS S/O LATE RAJANNA R/AT GATIGANAHAHALLI VILLAGE TUBUGERE HOBLI DODDABALLAPUAR TALUK - 561 205. 5. SMT PARVATHAMMA AGED ABOUT 69 YEARS W/O RAMAKRISHNAPPA R/AT NO 3, LAKE ROAD JAKKURU, BANGALORE NORTH TALUK BANGALORE - 560 064. 6. SMT LAKSHMAMMA AGED BOUT 66 YEARS W/O THAMMEGOWDA R/AT KODIHALLI VILLAGE KONNAGATTA POST KASABA HOBLI DODDABALLAPUPRA TALUK BANGALOER RURAL DISTRICT - 562 163. 7. SMT RUKMANI AGED ABOUT 51 YEARS W/O LATE KRISHNAPPA R/AT NO.1269 VIJAYALAKSHMI BUILDING 1ST MAIN ROAD, GANDGINARAGA YALAHANKA OLD TOWN BANGALORE - 560 064. 8. SMT RATHANAMMA AGED ABOUT 54 YEARS W/O KRISHNAPPA R/AT MANDIKALLU VILLAGE MANDIKALLU HOBLI CHIKKABALLAPUR TALUK DISTRICT - 562 104. - 3 - NC: 2025:KHC:8154 WP No. 29116 of 2024 9. SRI BACHEGOWDA AGED ABOUT 61 YEARS S/O LATE NANJEGOWDA R/AT JANAPADA NILAYA 2ND CROSS, DASARAHALLI KEMPAPURA NEAR ANJENEYA TEMPLE YALAHANKA HOBLI BANGALORE - 560 074. 10. SRI PAPEGOWDA AGED ABOUT 59 YEARS S/O LATE NANJEGOWDA R/AT KODIHALLI VILLAGE KONNAGATTA POST KASABA HOBLI DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT - 562 163. 11. SMT RADHAMMA AGED ABOUT 71 YEARS W/O ANJINAPPA R/AT KODIHALLI VILLAGE KONNAGATTA POST, KASABA HOBLI DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT - 562 163. 12. SMT PILLAMMA AGED ABOUT 55 YEARS W/O NARASEGOWDA R/AT HODANAHALLI VILLAGE TUBUGERE HOBLI DODDABALLAPUIRA TALUK - 561 205. 13. SMT LAKSHMAMMA AGED ABOUT 53 YEARS W/O NAGARAJA R/AT BYREDENAHALLI VILLLAGE KUNDANA HOBLI DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT - 562 110. 14. SRI CHANNAKESAVA - 4 - NC: 2025:KHC:8154 WP No. 29116 of 2024 MAJOR S/O LATE NANJEGOWDA C/O KODIHALLI R/AT NAGARESHWARA NAGENAHALLI MUSNESHWARA TEMPLE BANGALORE - 560 077. 15. SRI VIJAYAPPA AGED ABOUT 53 YEARS S/O LATE RAMAPPA 16. SMT JAYAMMA AGED ABOUT 49 YEARS S/O LATE RAMAPPA 17. SRI NAGESH AGED ABOUT 47 YEARS S/O LATE RAMAPPA 18. SMT AMARAVATHI AGED ABOUT 45 YEARS S/O LATE RAMAPPA 19. SRI MUNEENDAR AGED ABOUT 43 YEARS S/O LATE RAMAPPA ALL ARE R/AT KODIHALLI VILLAGE KONNAGATTA POST, KASABA HOBLI DODDABALLAPURA TALUK BANGALORE RURAL DISRICT - 562 163. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1; SRI. C. RAMAKRISHNA.,ADVOCATE FOR R2 & R3; SRI. N. RAMESH., ADVOCATE FOR R4 TO R6 AND R8; SRI. CHANDAN GOWDA PATIL., ADVOCATE FOR R10; R9, R12 AND R14 SERVED & UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO - 5 - NC: 2025:KHC:8154 WP No. 29116 of 2024 DIRECT OR ANY OTHER WRIT OF SIMILAR NATURE, DIRECTING THE R-3 TO DEPOSIT THE COMPENSATION BEFORE THE COMPETENT CIVIL COURT IN VIEW OF ACQUISITION OF THE LANDS BELONGING TO PETITONERS AND RESPONDENTS 4 TO 21 AS DETAILED IN THE SCHEDULE HEREUNDER VIDE ANNEXURE-C. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner is before this Court contending that one Gowdanavara Munisanjeevappa was the propositus 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 land situated at Konnaghatta Village, Kasaba Hobli, Doddaballapura Taluk, Bangalore Rural District. 2. That petitioner and private respondent Nos. 4 to 21 are the legal heirs of said Gowdanavara Munisanjeevappa. That a suit in O.S.No.216/1974 was - 6 - NC: 2025:KHC:8154 WP No. 29116 of 2024 filed for partition amongst the petitioner and respondent Nos. 4 to 21 which was decreed on 30.06.1982. The judgment and decree passed in the said suit has been confirmed in RSA No.106/1989. The final decree proceedings in FDP No.1/2023 is pending consideration before the Trial Court. 3. Learned counsel for the petitioner submits during the pendency of the said proceedings, respondent - KIADB sought to acquire the aforesaid lands in terms of preliminary notification dated 07.02.2022 followed by final notification dated 27.02.2023. Apprehension of the petitioner is that even while the final decree proceedings are pending consideration, the respondent -KIADB may pass the award and disburse the compensation detriment to the interest of the petitioner. Hence, the petition is filed seeking following reliefs; "i. To issue a writ of mandamus or direction or any other writ of similar nature, directing the respondent No.3 to deposit the compensation before the Competent Civil Court in view of acquisition of the lands belonging to petitioner and respondents 4 to 21 as detailed in the schedule hereunder vide Annexure- C. - 7 - NC: 2025:KHC:8154 WP No. 29116 of 2024 ii. To issue a writ of mandamus or direction or any other writ of similar nature, directing the respondent No.3 not to disburse the compensation to the respondent No.11 and respondents 16 to 21, pending disposal of Final Decree Proceedings, initiated vide Annexure-B. iii. Issue any other writ/order/directions as this Hon'ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice and equity." 4. Learned counsel for the private respondents 4 to 21 on the other hand submits that award has not been passed even as on this date. As such, apprehension of the petitioner is baseless. It is submitted that as and when the award is passed and if the claims are made by the petitioner and private respondents the same would be considered in accordance with law. 5. Learned counsel for the petitioner and learned counsel for the private respondents also submit that they be given an opportunity to make representation before the respondent -KIADB seeking disbursement of amount depending upon the out come of the FDP proceedings. 6. Submission is taken on record. - 8 - NC: 2025:KHC:8154 WP No. 29116 of 2024 7. In view of the above, following; 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 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. Sd/- (M.G.S. KAMAL) JUDGE RU, List No.: 1 Sl No.: 5