- 1 - HC-KAR NC: 2025:KHC:27595 WP No. 26254 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 26254 OF 2024 (LA-RES) BETWEEN: 1. SMT.PARVATHAMMA W/O LATE SIDDAGANGAPPA, AGED 65 YEARS, R/O NERALARAPURA VILLAGE, SASALU POST, GULURU HOBLI, TUMAKURU TALUK – 572 101. 2. SMT.DRAKSHAYINI W/O MAHADEVAIAH D/O LATE SIDDAGANGAPPA AGED 40 YEARS. 3. SMT.PAVITHRA N.S., W/O SHIVAPRASAD D/O LATE SIDDAGANGAPPA AGED 40 YEARS. NO.2 AND 3 ARE R/O GOLLARAHALLI VILLAGE, GUDEMARANAHALLI POST, MAGADI TALUK, RAMANAGARA DISTRICT – 562 120. 4. SRI CHANDAN N.S., S/O LATE SIDDAGANGAPPA, AGED 31 YEARS, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27595 WP No. 26254 of 2024 R/O NERALAPURA VILLAGE, SASALU POST, GULURU HOBLI, TUMAKURU TALUK – 572 101. …PETITIONERS (BY SRI VISWANATH SABARAD, ADVOCATE) AND: 1. SMT.SHYLAJA W/O LATE BASAVARAJAIAH AGED 70 YEARS 2. SRI B.RENUKARADHYA S/O LATE BASAVARAJAIAH AGED 45 YEARS BOTH R/O RAYARAPALYA VILLAGE, NIJAGAL POST, (DOBASPET) SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT – 562 123. 3. SMT.SARVAMANGALA D/O LATE BASAVARAJIAH, AGED 42 YEARS NO.13, 3RD CROSS, DEVARAYAPATNA WARD NO.35, TUMAKURU TALUK, TUMAKURU DISTRICT – 572 101. 4. SRI N. RAJASHEKARAIAH S/O LATE NANJUNDAPPA, AGED 72 YEARS. 5. SRI SIDDAMALLAIAH S/O LATE NANJUNDAPPA, AGED 68 YEARS. - 3 - HC-KAR NC: 2025:KHC:27595 WP No. 26254 of 2024 6. SRI SADASHIVAIAH S/O LATE NANJUNDAPPA, AGED 65 YEARS NO.4 TO 6 RESIDING AT RAYARAPALYA VILLAGE, NIJAGAL POST, SOMPURA HOBLI, (DOBASPET) NELAMANGALA TALUK, BENGALURU RURAL DISTRICT – 562 123. 7. SRI MALLIKARJUNAIAH W/O LATE NANJUNDAPPA, AGED 76 YEARS, R/O 4TH CROSS, 2ND MAIN ROAD, NEAR PUMP HOUSE, BANASHANKARI TUMKUR CITY - 572 101. 8. B. SRINIVAS REDDY S/O BUPAL REDDY, AGED 30 YEARS R/O KARATAGI VILLAGE, CHELLUR CROSS, GANGAVATHI TALUK KOPPALA DISTRICT – 583 227. 9. SRI RAMESH REDDY @ RAVEESH REDDY S/O R. RAMALINGA REDDY, AGED 62 YEARS. 10. SMT. R. LAKSHMI W/O R. RAMESH REDDY AGED 52 YEARS. - 4 - HC-KAR NC: 2025:KHC:27595 WP No. 26254 of 2024 11. SRI. PREMASAGA REDDY S/O R. RAMASH REDDY, AGED 32 YEARS, NO.9, 10 , 11 ARE RESIDING AT HOUSE NO.22, BEHIND PETROL BUNK, ASHOK NAGAR, HAVAM BAVI, BELLARY CITY, BELLARY DISTRICT – 583 101. 12. SRI GURUPRASAD S/O N.RAJASHEKARAIAH, (SON OF 2ND DEFENDANT) R/O HALE NIJAGAL, SOMPUR HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT – 562 123. 13. THE SPECIAL LAND ACQUISITION OFFICER NATIONAL HIGHWAYS AUTHORITY OFFICE, AT SUBRAMANI NAGAR, BUDDADAHALLI, HEBBAL, BENGALURU - 32. PRESENT ADDRESS: NELAMANGALA TUMAKURU ROAD, NH-48, KUNIGAL SITE OFFICE, NELAMANGALA – 562 123. …RESPONDENTS (BY SRI M.S.RAJENDRA, ADVOCATE FOR SRI VIVEK HOLLA, ADVOCATE FOR R1, R2, R4 TO R12; SMT.SHILPA SHAH, ADVOCATE FOR R13 R3 SERVED- UNREPRESENTED) - 5 - HC-KAR NC: 2025:KHC:27595 WP No. 26254 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 29.07.2024 IN BEARING NO. LAQ/NHAI./NH-48/CR/05/23-24 BY 13TH RESPONDENT IS PRODUCED AS ANNEXURE-G AND G1. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayer: “a) Pass writ certiorari quashing the impugned order dt.29-7-2024 bearing No.LAQ/NHAI/NH- 48/CR/05/23-24 passed by 13th Respondent, produced as ANNEXURE-G and G-1. b) Any other writ or order as this Hon’ble Court deems fit to grant in the circumstances of the case in the interest of justice and equity.” 2. Heard Sri Viswanath Sabarad, learned counsel appearing for petitioners, Sri M S Rajendra, learned counsel appearing for respondents 1, 2, 4 to 12 and Smt Shilpa Shah, learned counsel appearing for respondent No.13. - 6 - HC-KAR NC: 2025:KHC:27595 WP No. 26254 of 2024 3. Petitioners are said to be the legal heirs of one Siddagangappa. Siddagangappa and Basavarajaiah are said to be brothers and the family members are said to have entered into a partition way back in the year 2002. In the said partition, the petitioners were not parties. The claim is manifold, which is pending adjudication before the Civil Court in O.S.No.449 of 2019 instituted by the petitioners/the legal representatives of the deceased Siddagangappa. The contesting respondents in the subject petition are also defendants in the said case. The issue is not with regard to the merit of the matter pending before the concerned Civil Court in O.S.No.449 of 2019. The issue is with regard to the compensation that the property has received, pursuant to the acquisition for the formation of national highway at the hands of the National Highways Authority of India. 4. The learned counsel for petitioners Sri Viswanath Sabarad submits that the compensation is determined in the year 2024 and the suit had been instituted way back in the year 2019 i.e., O.S.No.449 of 2019. He would submit that the petitioners are also entitled to the compensation amount as - 7 - HC-KAR NC: 2025:KHC:27595 WP No. 26254 of 2024 being the joint family members who have deliberately been given up at the first instance when partition was arrived at between the family members. 5. The learned counsel appearing for the contesting respondents Sri M.S.Rajendra would refute the submission in taking this Court through a document in the statement of objections, which is a release deed executed by the petitioners. The release deed so executed by the petitioners concerns 7 acres of land for a consideration of Rs.10 lakhs. 6. The Learned counsel for petitioners submits that the compensation determined today of the same land that is released, is of several crores. Therefore, the relinquishment deed was taken by force. Be that as it may. All these issues are to be thrashed out before the concerned civil Court in pending O.S.No.449 of 2019. 7. Insofar as the compensation is concerned, learned counsel Smt Shilpa Shah appearing for the National Highways Authority of India (‘NHAI’ for short) submits that the order for - 8 - HC-KAR NC: 2025:KHC:27595 WP No. 26254 of 2024 compensation is passed, it is not yet disbursed. The claim of the petitioners ultimately is 1/6th share in the property. Therefore, the compensation cannot be beyond their share, what they have claimed before the civil Court. 8. In that light, compensation qua the 1/6th share shall not be disbursed to any person, till the conclusion of the suit. Insofar as the 5/6th share of the remaining claimants, the 13th respondent/NHAI is at liberty to disburse the same in accordance with law. The 1/6th share of compensation which is directed not to be disbursed to anybody, shall be deposited before the Civil Court in O.S.No.449 of 2019, which shall remain subject to the result of the said O.S. 9. After receipt of the compensation from the hands of the NHAI, the other respondents who are now been directed disbursement of 5/6th share of compensation, shall hand over possession without brooking any delay. The amount i.e., the 1/6th share that is directed to be deposited before the Civil Court shall be invested in an interest earning fixed deposit, in - 9 - HC-KAR NC: 2025:KHC:27595 WP No. 26254 of 2024 any nationalized bank, which shall however remain subject to the result of the suit in O.S.No.449 of 2019. With the aforesaid observations, the petition stands disposed. SD/- (M.NAGAPRASANNA) JUDGE BKP List No.: 1 Sl No.: 86