THIMMEGOWDA DEAD BY LR BALAKRISHA N T v. DEPUTY CHIEF ENGINEER
WP/5022/2025 · 2025-09-15
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 89302 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 89302 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:36699 WP No. 5022 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 5022 OF 2025 (LA-RES) BETWEEN:
THIMMEGOWDA DEAD BY LR
BALAKRISHNA N. T., S/O THIMMEGOWDA AGED ABOUT 71 YEARS R/AT NELAMANE VILLAGE K.SHETTIHALLI HOBLI SRIRANGAPATNA TALUK MANDYA DISTRICT – 571 434. …PETITIONER (BY SRI K.L.SREENIVAS, ADVOCATE) AND:
1.
DEPUTY CHIEF ENGINEER SOUTH WESTERN RAILWAY WORK SHOP CONTONMENT, BENGALURU – 560 001.
2.
SPECIAL LAND ACQUISITION OFFICER ASSISTANT COMMISSIONER PANDAVAPURA, PANDAVAPURA TALUK MANDYA DISTRICT – 571 434.
3.
THE DEPUTY COMMISSIONER MANDYA DISTRICT
Digitally signed by NAGAVENI Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:36699 WP No. 5022 of 2025
MANDYA – 571 401.
4.
THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA BENGALURU – 560 001.
5.
CHANDRESHA N. T., S/O THIMMEGOWDA AGED ABOUT 41 YEARS R/AT NELAMANE VILLAGE K.SHETTIHALLI HOBLI SRIRANGAPATNA TALUK MANDYA DISTRICT – 571 434.
6.
RAJAGOPALA N. T., S/O THIMMEGOWDA AGED ABOUT 49 YEARS R/AT NELAMANE VILLAGE K.SHETTIHALLI HOBLI SRIRANGAPATNA TALUK MANDYA DISTRICT – 571 434. …RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE HON’BLE PRL. SENIOR CIVIL JUDGE AND JMFC, SRIRANGAPATNA, ON 06/01/2022 IN LAC. NO. 42/2014 ALLOWING THE IA NO. 6, VIDE ANNX-F.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:36699 WP No. 5022 of 2025
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER The petitioner – applicant is before this Court calling in question an order dated 06.01.2022, passed by the Principal Senior Civil Judge and JMFC, Srirangapatna, allowing an application – I.A.No.6 filed by the petitioner – proposed applicants seeking permission to come on record as the legal heirs of deceased Thimmaiah in L.A.C.No.42/2014.
2. The learned counsel appearing for the petitioner would submit that the issue in the lis stands covered by the
judgment rendered by a co-ordinate bench in W.P.No.9135/2022 disposed on 22.11.2024, wherein, it is held as follows:
"4. In that view of the matter, taking into account the finding recorded by the Trial Court wherein, there is no dispute with regard to the initiation of acquisition proceedings by the respondent-authorities and the suit in OS.No.129/2018 is also pending consideration before the Competent Civil Court wherein, the legal representative of one Sri.M.Thimmegowda, was also the party in the said suit. In that view of the matter, there is no perversity in the order passed by the Trial Court, allowing I.A.No.VI filed by the proposed applicants to come on record and to agitate their rights, before the Reference Court. It is also made clear that, allowing the
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HC-KAR NC: 2025:KHC:36699 WP No. 5022 of 2025
said application would not come in the way of the petitioners herein to agitate their rights, before the Reference Court and it is the case of the proposed applicants that, they are also entitled for share in the compensation that may be determined by the reference Court in LAC.No.40/2014.”
In the light of the issue standing covered by afore-quoted
judgment and the facts being undisputed, the petition seeks no warrant of interference by this Court. Therefore, the writ petition, stands dismissed.
Sd/- (M.NAGAPRASANNA) JUDGE
NVJ List No.: 2 Sl No.: 22 CT:SS