- 1 - HC-KAR NC: 2025:KHC:46532 WP No. 21049 of 2025 C/W WP No. 21281 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.21049 OF 2025 (LA-RES) C/W WRIT PETITION NO.21281 OF 2025 (LA-RES) IN W.P. No.21049/2025 BETWEEN: 1. THIRTHESH S/O RAMEGOWDA, AGED ABOUT 50 YEARS, HULLAHALLI VILLAGE, KASABA HOBLI, ALUR TALUK, HASSAN DISTRICT-573 213. 2. NAGARAJU S/O RAMEGOWDA, AGED ABOUT 48 YEARS, HULLAHALLI VILLAGE, KASABA HOBLI, ALUR TALUK, HASSAN DISTRICT-573 213. …PETITIONERS (BY SRI A.P. PULAKESHI, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER, VISHWESHWARAIAH JALA NIGAMA, YETTINAHOLE PROJECT, HASSAN-573 201. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46532 WP No. 21049 of 2025 C/W WP No. 21281 of 2025 2. JAYAMMA W/O SIDDARAJU, AGED ABOUT 50 YEARS, R/O VADDARAHALLI VILLAGE, HALEBEEDU HOBLI, BELUR TALUK, HASSAN DISTRICT-573 135. 3. BHAGYA D/O RAMEGOWDA W/O VISHWANATHA, AGED ABOUT 54 YEARS, GAYKARAVALLI, HULLAHALLI VILLAGE, KASABA HOBLI, ALUR TALUK, HASSAN DISTRICT-573 213. …RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1; SRI K.G. SADASHIVAIAH, ADVOCATE FOR R-2; SRI PRAMOD R., ADVOCATE FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS IN L.A.C.NO. 180/2023 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS SPL JUDGE, AT HASSAN.II. TO, ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE JUDGMENT AND AWARD DATED 03.08.2023 PASSED IN L.A.C.NO.180/2023 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS SPL JUDGE, AT HASSAN, BY ALLOWING THE PRESENT PETITION. IN W.P. NO.21281/2025 BETWEEN: THIRTHESH S/O RAMEGOWDA AGED ABOUT 50 YEARS, HULLAHALLI VILLAGE, - 3 - HC-KAR NC: 2025:KHC:46532 WP No. 21049 of 2025 C/W WP No. 21281 of 2025 KASABA HOBLI, ALUR TALUK, HASSAN DISTRICT-573 213. ...PETITIONER (BY SRI A.P. PULAKESHI, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER, VISHWESHWARAIAH JALA NIGAMA, YETTINAHOLE PROJECT, HASSAN-573 201. 2. JAYAMMA W/O SIDDARAJU, R/O VADDARAHALLI VILLAGE, AGED ABOUT 50 YEARS, HALEBEEDU HOBLI, BELUR TALUK, HASSAN DISTRICT-573 135. ...RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1; SRI K.G. SADASHIVAIAH, ADVOCATE FOR R-2; THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS IN L.A.C. NO.186/2023 ON THE FILE OF THE I ADDITIONAL DISTRICT & SESSIONS AND SPL. JUDGE, AT HASSAN; TO, ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE JUDGMENT AND AWARD DATED 03.08.2023 PASSED IN L.A.C.NO.186/2023 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS & SPL. JUDGE, AT HASSAN, BY ALLOWING THE PRESENT PETITION. THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 4 - HC-KAR NC: 2025:KHC:46532 WP No. 21049 of 2025 C/W WP No. 21281 of 2025 ORAL ORDER These writ petitions call in question the common order dated 03.08.2023 passed in LAC Nos.180/2023 and 186/2023 on the file of the I Additional District and Sessions and Special Judge, Hassan (hereinafter referred to as ‘Appellate Court’ for short), whereby the Appellate Court has permitted the Special Land Acquisition Officer (SLAO) to deposit the award amount but has simultaneously directed release of deposited amounts in favour of respondent No.2-Jayamma. 2. Heard the learned counsel for the petitioners and learned counsel for the respondents. 3. The Special Land Acquisition Officer had filed the petitions under Section 77 (2) read with Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (‘2013 Act’ for short) in LAC Nos.180/2023 and 186/2023 seeking for the following reliefs: - 5 - HC-KAR NC: 2025:KHC:46532 WP No. 21049 of 2025 C/W WP No. 21281 of 2025 “W.P. No.21049/2025 (L.A.C. No.180/2023) Hence the petitioner begs to prays for allow of the petition as follows:- 1) Permit the petitioner to deposit the awarded amount of Rs.19,05,861/- (Ninteen Lakhs Five Thousand Eight hundredan Sixty One Rupees only) before this Hon’ble court in Civil Case Deposit (CCD) account. 2) Grant an order to release the deposited amount to the rightful owner after disposal of the O.S. No.26/2020 on the file of Hon’ble Civil Judge & JMFC at Belur. 3) Pass any such other appropriate orders under the facts and circumstance of the case in the interest of justice and equity. W.P. NO.21281/2025 (L.A.C. No.186/2023) Hence the petitioner begs to prays for allow of the petition as follows:- 1) Permit the petitioner to deposit the awarded amount of Rs.17,03,255/- (Seventeen Lakhs Three Thousand Two hundredan Fifty Five Rupees only) before this Hon’ble court in Civil Case Deposit (CCD) account. - 6 - HC-KAR NC: 2025:KHC:46532 WP No. 21049 of 2025 C/W WP No. 21281 of 2025 2) Grant an order to release the deposited amount to the rightful owner after disposal of the O.S. No.26/2020 on the file of Hon’ble Civil Judge & JMFC at Belur. 3) Pass any such other appropriate orders under the facts and circumstance of the case in the interest of justice and equity.” 4. Learned counsel for the petitioners submits that petitioners filed suits in O.S. Nos.26/2020 and 27/2020 on the file of the Civil Judge and JMFC, Belur seeking declaration of permanent injunction in respect of acquired land against respondent No.2-Jayamma and the said suits are pending adjudication. It is submitted that though the SLAO sought permission only to deposit the award amounts and requested that release may be made subject to outcome of the civil suits, the Appellate Court, by the impugned order, not only permitted deposit but also directed the Accounts Officer to release the entire award amount in favour of the respondent, i.e., Jayamma. - 7 - HC-KAR NC: 2025:KHC:46532 WP No. 21049 of 2025 C/W WP No. 21281 of 2025 6. It is submitted by the learned counsel that pursuant to the order passed by the Appellate Court in LAC Nos.180/2023 and 186/2023, the Accounts Officer released the award amount in favour of Jayamma. 7. Since the civil suit in O.S. Nos.26/2020 and 27/2020 are pending adjudication, the entitlement of the petitioners to compensation amount shall be subject to the final outcome of the suit in O.S. No.26/2020, and all the contentions are kept open to be urged in the said suit. With the said observations, the writ petition stands disposed of. Sd/- ______________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 51