- 1 - HC-KAR NC: 2025:KHC:40959 WP No. 21695 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.21695 OF 2021 (LA-KIADB) BETWEEN: 1. SRI INNA VADIRAJA S/O LATE RAMADEVI AND LATE ANATHA RAO, AGED 66 YEARS, R/AT NO.53, 4TH CROSS, BALAJI NAGAR, VIDYAPEETA ROAD, KATHRIGUPPE BANASHANKARI 3RD STAGE, BANGALORE-560085. 2. SRI INNA GURURAJA S/O.LATE RAMADEVI AND LATE ANANTHA RAO, AGED 64 YEARS, R/AT HOUSE NO.MT 2-40, JADDI ROAD, NEAR MATTU TEMPLE, MATTU, KATAPADY, UDUPI, KARNATAKA.574105. 3. SMT. SANDHYA R. TANTRY W/O RAMESH TANTRY, AGED 60 YEARS, R/AT NO.121, 4TH CROSS, BALAJI NAGAR, KATHRIGUPPE BSK 3RD STAGE, BANGALORE-560085. 4. SMT. UMA RAJARAM W/O RAJARAM, AGED 47 YEARS, R/AT #1-198, ANANTHA NIALYA, PODEMALE, BANTAKALLU POST,' 92 HEROOR, SHANKARAPURA UDUPI TALUK AND DISTRICT-574115. PETITIONER NOS.1 TO 4 ARE CHILDREN OF LATE RAMADEVI AND LATE ANANTHA RAO. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40959 WP No. 21695 of 2021 5. SMT. PREMALATHA RAO W/O LATE SRIDHAR RAO, AGED 60 YEARS, R/AT KONKANIMOOLEY HOUSE, NETTANIGE, KAKKEBETTU, KASARGOD, KERALA-671543. 6. SMT. MAHESHWARI W/O SREEDHARA BHAT, AGED 52 YEARS, R/AT #2-84, DAILABETTU HOUSE, KALLAMUNDKOORU VILLAGE, MUDABIDRE TALUK, DK DISTRICT-574227. 7. SMT. NIRMALA RAO W/O LATE SEETHARAMA RAO, AGED 62 YEARS, R/AT 2-61, PONGAR HOUSE, SURINJE, DAKSHINA KANNADA KARNATAKA-575030. PETITIONER NOS.5 TO 7 ARE CHILDREN OF LATE LAKSHMIAMMA D/O LATE SEETHARAM BHAT. 8. SRI NAHARAJAN NARAYANA RAO S/O NARAYANA RAO, AGED 50 YEARS, R/AT #158 C/1, PLOT NO.13, 5TH STREE, KESAVAPURAM, NALUR POST, MINJUR PONNERI, TIRUVALLUR, TAMIL NADU-601203. 9. SRI ANANDARAJ NARAYANA RAO S/O NARAYANA RAO, AGED 42 YEARS, R/AT #158 C/1, PLOT NO.13, 5TH STREET, KESAVAPURAM, NALUR POST, MINJUR PONNERI, TIRUVALLUR, TAMIL NADU-601203. 10. SMT. V. NAGAVENI W/O VENKATARAMAN .R - 3 - HC-KAR NC: 2025:KHC:40959 WP No. 21695 of 2021 AGED 46 YERAS, R/AT 3/2, KEELARATHAVETHI, TIRUCHENDUR, THOOTHUKKUDI, TAMIL NADU-628215. 11. SMT. N. VEENA VANI W/O RAJA RAO, AGED 60 YEARS, R/AT 158 C/1, PLOT NO.13, 5TH STREET, KESAVAPURAM, NALUR POST, MINJUR PONNERI, TIRUVALLUR, TAMIL NADU-601203. PETITIONER NOS.8 TO 11 ARE CHILDREN OF LATE RATHNA BAI D/O LATE SEETHARAMA BHAT ALL THE ABOVE PETITIONER NOS.2 TO 11 ARE REPRESENTED BY GPA HOLDER SRI INNA VADIRAJA, PETITIONER NO.1. …PETITIONERS (BY SRI T.P. MUTHANNA, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (K.I.A.D.B.) BAIKAMPADY, MANGALURU-575011. 2. SMT. LAKSHMIAMMA W/O LATE HARINARAYANA BHAT, AGED 70 YEARS, R/AT “SHRI HARI” NO.138/4(C) NEAR SHRI. MAHALINGESHWARA TEMPLE PERVAJE, KARKALA-574104. 3. SMT. GAYATHRI V. SHABARAYA W/O VASANTHA SHABARAYA, AGED 52 YEARS, R/AT “KAUSTHUBHA” KANYADI II OPP. AEGIS GAS STATION 2ND DHARMASTHALA - 4 - HC-KAR NC: 2025:KHC:40959 WP No. 21695 of 2021 BELTHANGADY TALUK-574216 D.K.DISTRICT. 4. SRI SEETHARAMA S/O LATE HARINARAYANA BHAT, AGED 48 YEARS, R/AT “SHRI HARI” NO.138/4(C) NEAR SHRI. MAHALINGESHWARA TEMPLE, PERVAJE, KARKALA-574104. 5. SMT. SHALINI RAGHAVENDRA BHAT W/O RAGHAVENDRA BHAT, AGED 35 YEARS, NEAR SHRI. MAHALINGESHWARA TEMPLE, PERVAJE, KARKALA-574104. ALL THE ABOVE RESPONDENT NOS.3 TO 5 ARE CHILDREN OF LATE HARINARAYANA BHAT AND RESPONDENT NO.2 IS THE WIFE OF LATE HARINARAYANA BHAT. …RESPONDENTS (BY SRI V.S. KARTHIKEYAN, ADVOCATE FOR R-1; SRI SHOBHITH N. SHETTY, ADVOCATE FOR R-2 TO R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE NOTIFICATION FOR THE ACQUISITION OF THE SCHEDULE PROPERTY; DIRECT TO RESPONDENT NO.1 TO DEPOSIT THE COMPENSATION AMOUNT BEFORE THIS HON’BLE COURT OR BEFORE THE IIND ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANGALURU, WHERE THE APPEAL IS PENDING IN R.A.NO.164/2021 AS PER ANNEXURE-F. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 5 - HC-KAR NC: 2025:KHC:40959 WP No. 21695 of 2021 ORAL ORDER The petitioners have approached this Court in this writ petition seeking a writ of mandamus directing respondent No.1 to deposit the compensation amount in R.A.No.164/2021 before II Additional Senior Civil Judge and CJM, Mangaluru (‘Civil Court, Mangaluru’ for short). 2. Heard Sri T.P. Muthanna, learned counsel for the petitioner, Sri V.S. Karthikeyan, learned counsel for respondent No.1 and Smt. Shobhita N Shetty, learned counsel for respondent Nos.2 to 5. 3. The petitioners have filed I.A.No.1/2024 seeking a direction to dispose of O.S.No.174/2022 which has been instituted by the petitioners for partition and separate possession of the immovable property in question, pending before the Civil Court, Mangaluru. It is also submitted that the petitioners had earlier filed O.S.No.797/2020 seeking an injunction to restrain disbursement of compensation in respect of the same - 6 - HC-KAR NC: 2025:KHC:40959 WP No. 21695 of 2021 property to respondent Nos.2 to 5. However, the said suit was rejected. Aggrieved by the same, the petitioners filed R.A.No.164/2021, which was subsequently dismissed as withdrawn on 15.12.2021. 4. In view of withdrawal of R.A.No.164/2021, the prayer of the petitioners seeking a direction to respondent No.1 to deposit the compensation amount before the Civil Court, Mangaluru does not survive for consideration. Once the appeal has been withdrawn, the cause for seeking such direction ceases to exist. 5. Insofar as I.A.No.1/2024 seeking direction to dispose of O.S.No.174/2022 within stipulated time is concerned, this Court is not inclined to issue such a direction. The relief sought in the present writ petition pertains to deposit of compensation, whereas I.A.No.1/2024 seeks an independent direction to the Civil Court for expeditious disposal of a pending suit. The two - 7 - HC-KAR NC: 2025:KHC:40959 WP No. 21695 of 2021 prayers being distinct and unrelated, the later cannot be entertained within the scope of the present proceedings. 6. Accordingly, the writ petition as well as I.A.No.1/2024 stand dismissed as devoid of merits. Sd/- ______________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 25