- 1 - HC-KAR NC: 2025:KHC:51261 WP No. 52755 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 52755 OF 2014 (GM-CPC) BETWEEN: 1. B. KRISHNANDA PRABHU AGED 52 YEARS S/O VASUDEVA PRABHU. 2. SUMATHI PRABHU AGED 42 YEARS D/O VASUDEVA PRABHU. BOTH ARE R/AT HOUSE NO.1-159 MOODABETTY, KATAPADY S.V.S. TEMPLE ROAD MOODABETTU VILLAGE UDUPI TALUK, & DISTRICT. …PETITIONERS (BY SRI S.K. ACHARYA, ADV.) AND: 1. THE COMPETENT AUTHORITY N.H.17, AND ASSISTANT COMMISSIONER, KUNDAPURA UDUPI DISTRICT. 2. THE SPECIAL LAND ACQUISITION OFFICER N.H.17 KUNDAPURA UDUPI DISTRICT. 3. MADHAVA BHAT SINCE DECEASED BY HIS LRS. SUNEETHA.M. BHAT AGED 65 YEARS R/AT MOODABETTU VILLAGE UDUPI TALUK & DISTRICT. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51261 WP No. 52755 of 2014 4. SRI VENKATARAMANA DEVARU S.V.S.TEMPLE, KATAPADY REPRESENTED BY ITS MANAGING TRUSTEE. 5. R.S. KAMATH AGED 70 YEARS S/O SARVOTHAMA BABA KAMATH, FLAT NO.101, SHIVARAMA APARTMENT D.NO. 7-4-474/4, MAGADAKANI ROAD MANGALORE - 575 006. 6. K. SATHYENDRA KAMATH AGED 62 YEARS S/O K. RAMABABA KAMATH LAKSHMI NIVASA KINNIMULKI, UDUPI TOWN UDUPI TQ & DISTRICT-576101. 7. VISHWANATHA KAMATH AGED 55 YEARS S/O K.PIJINA KAMATH @ MADHAVA RAO KAMATH ESTATE K.G. ROAD, UPPOOR VILLAGE & POST, UDUPI TALUK & DISTRICT. …RESPONDENTS (BY SMT. RADHA RANGASWAMY, AGA FOR R-1 & R-2; DISMISSED AGAINST R-3 V/O DTD: 26.03.2025 AS HE IS DEAD NOTICE TO R-4 D/W V/O DTD 11.08.2025 R-5 TO R-7 ARE SERVED) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DT.16.6.2014 PASSED IN I.A.NO.NO.1 IN LAC.NO.23/2013 ON THE FILE OF THE COURT OF THE PRL. SENIOR CIVIL JUDGE, UDUPI VIDE ANNEX-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY - 3 - HC-KAR NC: 2025:KHC:51261 WP No. 52755 of 2014 ORAL ORDER 1. The petitioners are before this Court under Article 227 of the Constitution of India with a prayer in this writ petition to set aside the order dated 16.06.2014 passed on I.A.No.I under Order I Rule 10 of CPC in LAC No.23 of 2013, pending on the file of Principal Senior Civil Judge & CJM, Udupi. 2. Heard the learned counsel for the petitioners and learned Addl. Government Advocate for respondent nos.1 & 2. 3. The mother of the petitioners herein Smt. Meera Bai had filed I.A.No.I under Order I Rule 10 of CPC in LAC No.23 of 2013 pending on the file of Principal Senior Civil Judge and CJM, Udupi, with a prayer to implead her as supplemental claimant no.1B in the said proceedings. The said application was opposed by claimant no.1, Sri Madhava Bhat, who is her brother. The trial Court vide the order impugned has dismissed I.A.No.I and being aggrieved by the same, petitioners who are the children of Smt. Meera Bai are before this Court. 4. Learned counsel for the petitioners submits that Meera Bai has died on 25.06.2014. The lands which are subject - 4 - HC-KAR NC: 2025:KHC:51261 WP No. 52755 of 2014 matter of the LAC proceedings were originally in occupation and cultivation of Vasudeva Bhat, who is the father of Smt. Meera Bai and Madhava Bhat. After the death of Vasudeva Bhat, Madhava Bhat being the eldest son had filed Form No.7 claiming occupancy rights of the land which was being cultivated by the family and the Land Tribunal had granted occupancy right in the name of K Madhava Bhat. He submits that after the death of Madhava Bhat, his wife Smt. Sunitha Bhat had come on record in the LAC proceedings as claimant no.1A. During the pendency of this petition, Smt. Sunita Bhat has died on 25.09.2020. Madhava Bhat and Sunita Bhat had no issues. Therefore, in the changed circumstances, the Class-II heirs of Madhava Bhat are entitled to come on record in the LAC proceedings. 5. Learned Additional Government advocate appearing for respondent Nos.1 and 2 has argued in support of the impugned order. 6. The applicant in I.A.No.I Smt. Meera Bai, mother of the petitioners herein had prayed to implead her as supplement claimant no.1B, contending that since the occupancy right of - 5 - HC-KAR NC: 2025:KHC:51261 WP No. 52755 of 2014 the acquired land was granted by the Land Tribunal in the name of K. Madhava Bhat, who had filed Form No.7 on behalf of the family, she was also entitled for a share in the Award amount which was deposited by the Land Acquisition Officer. The said application was opposed by her brother Madhava Bhat, who was claimant No.1 in the LAC proceedings. It appears that after the death of Madhava Bhat, his wife Sunitha Bhat was brought on record as claimant No.1A. 7. Learned counsel for the petitioners has submitted that Madhava Bhat and Sunitha Bhat both have now expired and they had no issues. If that is so, the Class-II heirs of Madhava Bhat are entitled to file application in the LAC proceedings, claiming their respective share in the Award amount. Therefore, I am of the opinion that if this writ petition is disposed of reserving liberty to the petitioners to file necessary application to implead them in the LAC proceeding, the same would serve the ends of justice. 8. According to the following:- ORDER (i) Writ petition is disposed of permitting the petitioners herein to file fresh application in - 6 - HC-KAR NC: 2025:KHC:51261 WP No. 52755 of 2014 LAC No.23 of 2013 to implead them as supplemental claimants in view of the changed circumstances. If such an application is filed by the petitioners herein, the trial Court is directed to consider the said application without being influenced by the observations made in the impugned order, which is challenged in this petition. (ii) Petitioners herein are at liberty to file additional documents, if any in support of their plea to implead them in LAC No.23 of 2013. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 26