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2025 DAILYLAW 51281 (KAR)

SRI RAVI R v. THE STATE OF KARNATAKA

WP/1956/2025 · 2025-02-17

M G S Kamal

body2025

Judgment text

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- 1 - NC: 2025:KHC:6954 WP No. 1956 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 1956 OF 2025 (LA-KIADB) BETWEEN: SRI RAVI R S/O REVANNA AGED ABOUT 35 YEARS R/AT INDRA NAGAR, S.R.D. XEROX SHOP, DOOPANAHALLI, 13TH MAIN, 2ND CROSS, OLD NO. 82/2, NEW NO.83/2 BANGALORE SOUTH - 560 003. …PETITIONER (BY SRI. RAGHU K K.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANASOUDA BENGALURU - 560 001. 2. THE SPECIAL LAND ACQUSITION OFFICER - 2 KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (K.I.A.D.B) OFFICE AT 2 (B.M.I.C.P) AND BENGALURU RURAL NO.17/3, C.F.C. BUILDING MAHARSHI ARAVIDA BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD, BANGALORE - 560 001. 3. SMT. GOWRAMMA W/O LATE NAGARAJU, AGED ABOUT 57 YEARS, Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:6954 WP No. 1956 of 2025 4. SMT. HEMAVATHI D/O LATE NAGARAJU, AGED ABOUT 41YEARS 5. SRI JAYARAMAIAH T N. S/O LATE NAGARAJU, AGED ABOUT 37 YEARS 6. SRI BEEMARAJU T N S/O LATE NAGARAJU AGED ABOUT 35 YEARS ALL THE RESPONDENT NOS.3 TO 6 R/AT TARABANAHALLI VILLAGE, DODDAHEJJAJI POST, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561203. …RESPONDENTS (BY SRI. SPOORTHY HEGDE., N. HCGP FOR R1; SRI. H.L. PRADEEP KUMAR., ADVOCATE FOR R2; SRI. GOPI P.M., ADVOCATE FOR SRI. P.M. SIDDAMALLAPPA., ADVOCATE FOR R3 AND R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 AUTHORITY TO DEPOSIT THE AWARD COMPENSATION AMOUNT IN RESPECT OF AGRICULTURAL LAND BEARING SY. NO. 7/4, MEASURING TOTALLY MEASURING 7 ACRE 13 GUNTAS AND 12 GUNTAS OF KHARAB OUT OF WHICH 2 ACRE OF LAND OF THE SUIT SCHEDULE PROPERTY WHICH IS THE ABSOLUTE SHARE OF SMT. GOWRAMMA (THE R3 HEREIN) SITUATED AT JOOHIS AGRAHAR VILLAGE, DODDABELAVANGALA HOBLI, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT, SINCE THE CIVIL SUIT IS PENDING FOR CONSIDERATION, BETWEEN THE PETITIONER AND R3 TO 6 HEREIN AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL - 3 - NC: 2025:KHC:6954 WP No. 1956 of 2025 ORAL ORDER Case of the petitioner is that he has entered into a registered agreement of sale dated 07.10.2022 with private respondent Nos.3 to 6 agreeing to purchase land measuring 2 acres out of 7 acres and 32 guntas of land forming part of Sy.No.7/4, situated at Joohis Agrahara Village, Doddabelavangala, Doddaballapura Taluk, Bangalore Rural District for valuable sale consideration, and that due to non performance of terms of the agreement, the petitioner has filed a suit in O.S.No.932/2023 against respondent Nos.3 to 6 herein for a relief of specific performance of the aforesaid agreement which is pending consideration. That in the meanwhile respondent-KIADB had acquired the aforesaid land in terms of final notification dated 20.02.2024 and the final award notice dated 03.09.2024 has been issued. The petitioner had approached the respondent-authorities intimating them about he having entered into an agreement with respondent Nos.3 to 6 and requesting them not to disburse the amount until determination of the suit. However, the respondent-KIADB has not responded to the same, constraining the petitioner to approach this Court seeking following reliefs: - 4 - NC: 2025:KHC:6954 WP No. 1956 of 2025 ''a). Issue Writ of Mandamus to direct the 2nd Respondent authority to deposit the award compensation amount in respect of agricultural land bearing Sy. No. 7/4, measuring totally measuring 7 acre 13 Guntas and 12 Guntas of Kharab out of which 2 Acre of land of the Suit Schedule Property which is the absolute share of Smt. Gowramma (The Respondent No.3 herein), situated at Joohis Agrahar Village, Doddabelavangala Hobli, Doddaballapura Taluk, Bangalore Rural District, since the Civil Suit is pending for consideration, between the Petitioner and Respondent No.3 to 6 herein. b) Grant such other and future relief's that this Hon'ble Court feels deem fit under the Circumstances of the case in the interest of Justice and equity.'' 2. Learned counsel for the petitioner thus submits that if a direction is issued to the respondent-KIADB to deposit the amount before the Court with a direction to disburse the same subject to determination of rights of the parties, the purpose of the petition would be served. 3. Learned counsel for the respondent-KIADB as well as the private respondent Nos.1, 3 and 4 have no objections to amount to be deposited before the Court, until determination of the claim of the petitioner. 4. Submissions taken on record. - 5 - NC: 2025:KHC:6954 WP No. 1956 of 2025 5. Though, the notice is issued to respondent Nos.5 and 6, same has not been served. However, learned counsel for the petitioner submits that respondent Nos.5 and 6 have been placed ex-parte even before the Trial Court. Since no rights of parties are being determined in this case, the petition is disposed of with the following directions: (i). Respondent-KIADB shall deposit the compensation amount in accordance with law before the Court contemplated thereunder. (ii). The parties shall be entitled for seeking disbursement of the amount after disposal of the suit in O.S.No.932/2023 or as any amicable resolution of the dispute between the parties, as the case may be. SD/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 13