- 1 - HC-KAR NC: 2025:KHC:52089 WP No. 22409 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 22409 OF 2025 (LA-KIADB) BETWEEN: MR SHANKAR PODDAR S/O LATE SRT J.P. PODDAR, AGED ABOUT 74 YEARS, RESIDING AT SOUTHERN WING, NO. 603, 24TH MAIN, 15TH CROSS, J.P. NAGAR, 1ST PHASE, BENGALURU 560 078. (SENIOR CITIZEN BENEFITS CLAIMED UNDER RULE 11 OF HIGH COURT C KARNATAKA (WRIT PROCEEDINGS) RULES, 1977). …PETITIONER (BY SRI. LAKSHMISH G., ADVOCATE) AND: 1. BANGALORE METRO RAIL CORPORATION LIMITED (BMRCL), REPRESENTED BY ITS MANAGING DIRECTOR, BMTC COMPLEX, 3RD FLOOR, K.H. ROAD, SHANTHINAGAR, BENGALURU 560 027. 2. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO. 14/3, ARVIND BHAVAN, NRUPATUNGA ROAD, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52089 WP No. 22409 of 2025 BENGALURU 560 001. 3. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKAS SOUDHA, BENGALURU 560 001. 4. MR. KAILASH PODDAR S/O LATE SRI J.P. PODDAR, AGED ABOUT 72 YEARS, RESIDING AT NORTHERN WING, NO. 603, 24TH MAIN, 15TH CROSS, J.P. NAGAR, 1ST PHASE, BENGALURU - 560 078 …RESPONDENTS (BY SRI. K KRISHNA., ADVOCATE FOR R1; SMT. MAMATHA., ADVOCATE FOR R2; SRI. HARISHA A.S., AGA FOR R3; SRI. SHYAM PRASAD T S., ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS, OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, COMMANDING RESPONDENTS NO. 1 AND 2 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 04/04/2025 (ANNEXURE-T) AND CONSEQUENTLY FORBEAR FROM DISBURSING ANY COMPENSATION AMOUNT IN RESPECT OF THE ACQUISITION OF THE SCHEDULE PROPERTY TO RESPONDENT NO.4 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:52089 WP No. 22409 of 2025 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has approached this Court seeking for the following prayers: "Issue a Writ in the nature of Mandamus, or any other appropriate writ, order or direction, commanding Respondents No. 1 and 2 to consider the Representation of the Petitioner dated 04/04/2025 (Annexure-S) and consequently forbear from disbursing any compensation amount in respect of the acquisition of the Schedule Property to Respondent No. 4; Issue a Writ in the nature of Mandamus, or any other appropriate writ, order or direction, directing Respondents No. 1 and 2 to refer the dispute regarding the title and apportionment of compensation for the Schedule Property to the competent Civil Court for adjudication before making any payment to any party; Issue a Writ in the nature of Certiorari, or any other appropriate writ, order or quash the notification bearing in respect of the schedule property bearing No.BMRCL/LAO/stage131ST-02-07/2024-25/3805 dt - 4 - HC-KAR NC: 2025:KHC:52089 WP No. 22409 of 2025 5/6/2024 schedule vide notices at Annexure-R series as being unscientific, biased, and violative of the law; In the alternative to Prayer (iii), issue a Writ in the nature of Mandamus directing Respondents No. 1 and 2 to re-determine the compensation for the Schedule Property at 400% (Four Hundred Percent) of the present market value in accordance with the principles of the LARR Act, 2013, after affording the Petitioner a fair and effective hearing; Award costs of this petition; and Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity." 2. Heard the learned counsel for the petitioner, learned AGA for respondent No.3 and learned counsels for respondent Nos. 1 and 4. 3. The petitioner claims to be the brother of respondent No.4 and asserts ownership and possession over the southern wing constituting 50% of the residential site bearing No.603, J.P.Nagar, 1st Phase, Bengaluru (for short 'the schedule property'). It is contended that - 5 - HC-KAR NC: 2025:KHC:52089 WP No. 22409 of 2025 respondent No. 4 is asserting exclusive ownership over the entire property and that respondent Nos. 1 and 2 are likely to disburse the entire compensation amount in favour of respondent No.4 ignoring the petitioner’s claim. In that regard, the petitioner submitted a detailed representation dated 04.04.2025. 4. At this stage, learned counsels appearing for respondent Nos.1 and 2 submit that the award proceedings are still under process, and that no award has been passed as on date. It is therefore submitted that after the award is passed, notices could be issued to all interested persons, including the petitioner and respondent No.4, and they would be afforded an opportunity to file their objections, which would be considered in accordance with law. 5. The said submission is taken on record. 6. Having regard to the fact that no award has yet been passed, this Court is of the view that the writ petition - 6 - HC-KAR NC: 2025:KHC:52089 WP No. 22409 of 2025 is premature. Even otherwise, disputes relating to title, shares or apportionment of compensation are matters which fall within the exclusive domain of the reference Court or competent Civil Court and cannot be adjudicated in exercise of writ jurisdiction under Article 226 of the Constitution. 7. In the above circumstances, this Court finds no ground to interfere. Accordingly, the writ petition is dismissed. However, liberty is reserved to the petitioner to file objections in response to the award notice, as and when issued, and the respondent-authorities shall consider such objections in accordance with law. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 4