- 1 - HC-KAR NC: 2025:KHC:51552 WP No. 35559 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.35559 OF 2025 (LA-KIADB) BETWEEN: 1. SMT. VENKATAMMA W/O. LATE RAMAGANGAIAH, AGED ABOUT 82 YEARS, 2. SMT. MARIYAMMA, D/O. LATE RAMAGANGAIAH, W/O. LATE HONNAGANGAIAH, AGED ABOUT 64 YEARS, PETITIONER NOS.1 AND 2 ARE RESIDING AT KULUVANAHALLI VILLAGE, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT KARNATAKA-560 011. …PETITIONERS (BY SRI JAYARAJ D.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ADDITIONAL CHIEF SECRETARY, INDUSTRIES AND COMMERCE DEPARTMENT, VIKAS SOUDHA, DR. B.R. AMBEDKAR VEEDHI ROAD, BENGALURU-560 001. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, REPRESENTED BY THE CHIEF EXECUTIVE OFFICER AND EXECUTIVE DIRECTOR, NO.49, 4TH AND 5TH FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51552 WP No. 35559 of 2025 3. THE SPECIAL LAND ACQUISITION OFFICER-1, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (KIADB), (BMICP) AND BENGALURU RURAL, NELAMANGALA, OFFICE SITUATED AT NO.14/3, ARAVINDA BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD, BENGALURU-560 001. 4. SRI RANGASWAMAIAH, S/O. LATE RAMAKKA, AGED ABOUT 47 YEARS, 5. SMT. LAKSHMAMMA, W/O LATE CHIKKAMARAIAH, AGED ABOUT 62 YEARS, RESPONDENT NOS.4 & 5 ARE RESIDING AT GOTTIGERE VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL-560083. LATE MANGALAMMA, D/O. LATE CHIKKARAMAIAH, SINCE DEAD REPRESENTED BY HIS LEGAL HEIRS ALREADY ON RECORD AS RESPONDENT NOS.6 TO 8 6. SMT. UMA, D/O. LATE LANKYAPPA AND MANGALAMMA, AGED MAJOR, 7. SRI VASANTH KUMAR S/O. LATE LANKYAPPA AND MANGALAMMA, AGED MAJOR, 8. SMT. MANJULA, D/O. LATE LANKYAPPA AND MANGALAMMA, AGED MAJOR, RESPONDENT NOS.6 TO 8 ARE RESIDING AT OLD NO.177/2, NEW NO.04, 2ND FLOOR, - 3 - HC-KAR NC: 2025:KHC:51552 WP No. 35559 of 2025 MOSQUE ROAD, PALACE GUTTAHALLI, MALLESHWARAM, BENGALURU-560 083. 9. SMT. YASHODHA, D/O. LATE CHIKKARAMAIAH, AGED ABOUT 38 YEARS, 10. SMT. MARIYAMMA, D/O. LATE CHIKKARAMAIAH, AGED ABOUT 36 YEARS, 11. SMT. KAMALAKSHI, D/O. LATE CHIKKARAMAIAH, AGED ABOUT 34 YEARS, 12. SMT. ANUSUYA D/O. LATE CHIKKARAMAIAH, AGED ABOUT 32 YEARS, 13. SRI JAGADEESHA S/O. LATE CHIKKARAMAIAH, AGED ABOUT 30 YEARS, 14. SRI MANJUNATHA S/O. LATE CHIKKARAMAIAH, AGED ABOUT 28 YEARS, RESPONDENT NOS.9 TO 14 ARE RESIDING AT GOTTIGERE VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT, KARNATAKA-560 083. 15. THE SPECIAL LAND ACQUISITION OFFICER-2 KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, (BMICP AND BENGALURU RURAL DISTRICT), 1ST FLLOR, MAHARSHI ARAVINDA BHAVAN, NRUPATHUNGA ROAD, KARNATAKA-560001. 16. SMT. RAJAMMA W/O C. JAGADEESH, AGED MAJOR, - 4 - HC-KAR NC: 2025:KHC:51552 WP No. 35559 of 2025 17. KUM RAMYA .J D/O C. JAGADEESH, AGED MINOR, SINCE MINOR REPRESENTED BY HER FATHER WHO IS ALREADY ON RECORD AS RESPONDENT NO.13 AS A NATURAL GUARDIAN SRI JAGADEESHA. 18. KUM. HEMA D/O C. JAGADEESH, AGED MINOR, SINCE MINOR REPRESENTED BY HER FATHER WHO IS ALREADY ON RECORD AS RESPONDENT NO.13 AS A NATURAL GUARDIAN SRI JAGADEESHA 19. SMT. SWETHA W/O C. MANJUNATHA, AGED MAJOR, 20. MASTER RAHUL .M S/O C. MANJUNATHA, AGED MINOR, SINCE MINOR REPRESENTED BY HER FATHER WHO IS ALREADY ON RECORD AS RESPONDENT NO.14 AS A NATURAL GUARDIAN SRI MANJUNATHA. 21. KUM. DEEKSHITHA G.M. D/O C. MANJUNATHA, AGED MINOR, SINCE MINOR REPRESENTED BY HER FATHER WHO IS ALREADY ON RECORD AS RESPONDENT NO.14 AS A NATURAL GUARDIAN SRI MANJUNATHA. 22. SRI BYRAIAH S/O MARIJOGAIAH, AGE MAJOR, - 5 - HC-KAR NC: 2025:KHC:51552 WP No. 35559 of 2025 23. SMT. MARIYAMMA W/O LATE MARAIAH, AGE MAJOR, RESPONDENT NOS.16 TO 23 ARE RESIDING AT GOTTIGERE VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT, KARNATAKA-560 083. 24. SMT. CHAITRA .M W/O LATE G. MUTHURAJ, AGED MAJOR, RESIDING AT BINNAMANGALA VILLAGE, HAMLET OF ARISHINAKUNTE, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT, KARNATAKA-562123. …RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1; SRI SHARAN SABARAD, ADVOCATE FOR R-2, R-3 & R-15; SRI A.C. CHETHAN, ADVOCATE FOR R-4 TO R-14 & R-16 TO R-24) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT 1, 2 AND 3 TO RESTRAIN/REFRAIN FROM RELEASING OR DISBURSING ANY COMPENSATION AMOUNT TO ANYONE MUCH LESS THE RESPONDENT NOS.4 TO 24 IN VIEW OF ACQUIRING THE ITEM NOS.1 TO 5 OF THE PETITION SCHEDULE PROPERTIES AS PER THE SHOW- CAUSE NOTICE DATED 19.05.2025 IN PROCEEDINGS BEARING NO.228/25-26 VIDE ANNEXURE-L; NOTICE DATED 14.07.2025 IN PROCEEDINGS BEARING NO.524/25-26 VIDE ANNEXURE-L1 AND NOTICE DATED 10.09.2025 IN PROCEEDINGS BEARING 830/2025-26 VIDE ANNEXURE-L2 UNTIL DISPOSAL OF THE SUIT IN O.S.NO.1049/2023 PENDING CONSIDERATION ON THE FILE OF THE HON’BLE COURT OF SENIOR CIVIL JUDGE AT NELAMANGALA VIDE ANNEXURE-B AND ETC. THIS PETITION COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 6 - HC-KAR NC: 2025:KHC:51552 WP No. 35559 of 2025 ORAL ORDER The petitioners have approached this Court seeking the following reliefs: “WHEREFORE, it is prayed that this Hon'ble Court be pleased to grant the following reliers:- a) Issue a writ in the nature of mandamus or any other appropriate writ or order or direction, directing the respondent Nos.2 and 3 to restrain/refrain from releasing or disbursing cry compensation amount to anyone much less the respondent Nos.4 to 24 in view of acquiring the item Nos.1 to 5 of the petition schedule properties as per the show-cause notice dated 19.05.2025 in proceedings bearing No.228/25- 26 vide ANNEXURE-L; notice dated 14.07.2025 in proceedings bearing No.524/25-26 vide ANNEXURE-L1 and notice dated 10.09.2025 in proceedings bearing 830/2025-26 vide ANNEXURE-L2 until disposal of the suit in O.S.No.1049/2023 pending consideration on the file of the Hon'ble Court of Senior Civil Judge at Nelamangala vide ANNEXURE-B; b) Issue a writ in the nature of mandamus or any other appropriate writ or order or direction, directing the respondent Nos.2 and 3 to refer the - 7 - HC-KAR NC: 2025:KHC:51552 WP No. 35559 of 2025 dispute in O.S. No.1049/2023 inter-se between the respective parties herein along with apportionment of compensation amount with regard to item Nos.1 to 5 of the petition schedule properties to the concerned jurisdictional Hon'ble Court of Senior Civil Judge and JMFC at Nelamangala where the subject suit in O.S.No.1049/2023 is pending consideration vide ANNEXURE-B; c) Issue a writ in the nature of certiorari or any other appropriate writ or order setting aside the impugned order in proceedings bearing No.72053250 dated 22.09.2025 passed by the concerned SLAO of KIADB – respondent No.3 in releasing the sum of `1,57,50,000/- (Rupees One Crore Fifty Seven Lakhs Fifty Thousand only) with respect of portion of the item No.2 of schedule land measuring to an extent of 1 acre 05 guntas in favour of respondent No.4 vide ANNEXURE-M (Series) and accordingly, to direct the respondent No.4 to remit/refund the said compensation amount before the Hon'ble Court of Senior Civil Judge and JMFC at Nelamangala where the suit in O.S.No.1049/2023 is pending consideration vide ANNEXURE-B if not then, this Hon'ble Court be pleased to direct the respondent Nos.2 and 3 to reimburse the - 8 - HC-KAR NC: 2025:KHC:51552 WP No. 35559 of 2025 compensation amount to be deposited before the concerned Hon'ble Court of Senior Civil Judge and JMFC at Nelamangala; d) Issue a writ in the nature of certiorari or any other appropriate writ or order setting aside the impugned order in proceedings No.72053251 dated 22.09.2025 passed by the concerned SLAO of KIADB – respondent No.3 in releasing in releasing the sum of `63,00,000/- (Rupees Sixty Three Lakhs only) with respect to another portion of item No.2 of the schedule land measuring to an extent of 18 guntas in favour of the respondent No.5 vide ANNEXURES–N (series) and accordingly, to direct the said respondent No.5 to remit/refund the said compensation amount before the Hon'ble Court of Senior Civil Judge and JMFC at Nelamangala where the suit in O.S.No.1049/2023 is pending consideration vide ANNEXURE-B if not then, this Hon'ble Court be pleased to direct the respondent Nos.2 and 3 to reimburse the compensation amount to be deposited before the concerned Hon'ble Court of Senior Civil Judge and JMFC at Nelamangala; e) Issue a writ in the nature of mandamus or any other appropriate writ or order or direction to the respondent No.1 to hold enquiry as against the - 9 - HC-KAR NC: 2025:KHC:51552 WP No. 35559 of 2025 official respondent Nos.2 and 3 for taking such an arbitrary and unilateral decision in releasing the compensation amount vide order dated 22.09.2025 in favour of the respondent Nos.4 and 5 in spite of there being a civil dispute vide ANNEXURE–B; and f) Pass any other order or orders as this Hon'ble Court may be pleased to pass in the facts and circumstances of the case, inclusive of costs in the interest of justice and equity.” 2. Heard the learned counsel for the petitioners and learned counsel for the respondents. 3. The petitioners contend that they are also entitled to a share in the compensation amount deposited by the Karnataka Industrial Areas Development Board (KIADB) to the extent of `1,57,50,000/-. They have instituted O.S. No.1049/2023 seeking for partition and separate possession. In the said suit, I.A.No.I as well as I.A.No.XII have been filed under Order XXXIX Rules 1 and 2 read with Section 151 CPC, seeking to restrain the KIADB from disbursing the compensation amount arise out - 10 - HC-KAR NC: 2025:KHC:51552 WP No. 35559 of 2025 of item Nos.1 and 2, and item Nos.3 to 5 of the schedule property respectively, in favour of defendant Nos.1 to 9 and proposed defendant Nos.11 to 19. The non- consideration of the applications has compelled the petitioners to approach this Court seeking appropriate relief. 4. Learned counsel on both sides submit that the suit as well as the interlocutory applications are pending consideration before the Trial Court. 5. Without adverting to the merits or demerits of the rival claims and without expressing any opinion on the entitlement of the petitioners to the compensation amount, it is directed that the order dated 28.11.2025 directing non-disbursement of compensation amount shall operate for a period of two months. The Trial Court to consider and dispose of the pending applications as expeditiously as possible. - 11 - HC-KAR NC: 2025:KHC:51552 WP No. 35559 of 2025 6. With the said observations, the writ petition stands disposed of. Sd/- ____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 60