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2025 DAILYLAW 91085 (KAR)

SMT SUMITHRA BAI v. THE STATE OF KARNATAKA

WP/16336/2022 · 2025-12-18

R Nataraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54411 WP No. 16336 of 2022 C/W WP No. 16357 of 2022 WP No. 16380 of 2022 AND 3 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 16336 OF 2022 (LB-RES) C/W WRIT PETITION NO. 16357 OF 2022 (LB-RES) WRIT PETITION NO. 16380 OF 2022 (LB-RES) WRIT PETITION NO. 16410 OF 2022 (LB-RES) WRIT PETITION NO. 17122 OF 2022 (LB-RES) WRIT PETITION NO. 18141 OF 2022 (LB-RES) IN WP No. 16336/2022 BETWEEN: SMT. SUMITHRA BAI W/O SRI. SANTHA THUKARAMA RAO AGED ABOUT 63 YEARS BOODIKERE ROAD, KANAKAPURA TALUK RAMANAGARA DISTRICT-565112 …PETITIONER (BY SRI. SURESH S. LOKRE, SENIOR ADVOCATE ALONGWITH SRI. SHRAVAN S LOKRE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU - 560001 2. THE REGISTRAR GENERAL OF STAMPS M.S. BUILDING, VIDHANA VEEDHI BENGALURU-560001 3. THE TOWN MUNICIPAL COUNCIL KANAKAPURA RAMANAGARA DISTRICT-565112 Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54411 WP No. 16336 of 2022 C/W WP No. 16357 of 2022 WP No. 16380 of 2022 AND 3 OTHERS REP BY ITS CHAIRMAN/ PRESIDENT KANAKAPURA 4. THE SPECIAL LAND ACQUISITION OFFICER 3RD FLOOR, NO.405, NUTHANA JILLE SANKIRANA RAMANAGARA DISTRICT-565112 …RESPONDENTS (BY SMT. SPOORTHY V., HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NOS.1, 2 AND 4; SMT. ANUSUYA DEVI, ADVOCATE FOR RESPONDENT NO.3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PAY THE DIFFERENCE OF AMOUNT TOWARDS THE SALE CONSIDERATION BASED ON THE MARKET VALUE SHOWN AT ANNEXURE-M THE SALE DEED DATED 30.01.2018 AND PAY COMPENSATION AS ON DATE TOGETHER WITH INTEREST AND COSTS THEREOF AND ALSO PROPORTIONATE VALUE TOWARDS BUILDING AND AMENITIES AND ETC. IN WP NO. 16357/2022 BETWEEN: SRI. K.N. RAJASHEKAR S/O LATE K.B. NAGARAJAPPA AGED ABOUT 48 YEARS, BOODIKERE ROAD, KANAKAPURA TALUK, RAMANAGARA DISTRICT-562111 ...PETITIONER (BY SRI. SURESH S. LOKRE, SENIOR ADVOCATE ALONGWITH SRI. SHRAVAN S LOKRE, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:54411 WP No. 16336 of 2022 C/W WP No. 16357 of 2022 WP No. 16380 of 2022 AND 3 OTHERS AND: 1. THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU - 560001 2. THE REGISTRAR GENERAL OF STAMPS M.S. BUILDING, VIDHANA VEEDHI BENGALURU-560001 3. THE TOWN MUNICIPAL COUNCIL KANAKAPURA RAMANAGARA DISTRICT-562111 REPRESENTED BY ITS CHAIRMAN/ PRESIDENT KANAKAPURA. 4. THE SPECIAL LAND ACQUISITION OFFICER 3RD FLOOR, NO.405, NUTHANA JILLE SANKIRANA RAMANAGARA DISTRICT-562111 ...RESPONDENTS (BY SMT. SPOORTHY V., HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NOS.1, 2 AND 4; SMT. ANUSUYA DEVI, ADVOCATE FOR RESPONDENT NO.3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PAY THE DIFFERENCE OF AMOUNT TOWARDS THE SALE CONSIDERATION BASED ON THE MARKET VALUE SHOWN AT ANNEXURE-L THE SALE DEED DATED 30.01.2018 AND PAY COMPENSATION AS ON DATE TOGETHER WITH INTEREST AND COSTS THEREOF AND ALSO PROPORTIONATE VALUE TOWARDS BUILDING AND AMENITIES AND ETC. - 4 - HC-KAR NC: 2025:KHC:54411 WP No. 16336 of 2022 C/W WP No. 16357 of 2022 WP No. 16380 of 2022 AND 3 OTHERS IN WP NO. 16380/2022 BETWEEN: SRI. B. CHANDRASHEKAR S/O LATE PATEL BYREGOWDA AGED ABOUT 71 YEARS BOODIKERE ROAD KANAKAPURA ROAD RAMANAGARA DISTRICT-562111 ...PETITIONER (BY SRI. SURESH S. LOKRE, SENIOR ADVOCATE ALONGWITH SRI. SHRAVAN S LOKRE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU - 560001 2. THE REGISTRAR GENERAL OF STAMPS M.S. BUILDING, VIDHANA VEEDHI BENGALURU-560001 3. THE TOWN MUNICIPAL COUNCIL KANAKAPURA RAMANAGARA DISTRICT-562111 REPRESENTED BY ITS CHAIRMAN/ PRESIDENT KANAKAPURA. 4. THE SPECIAL LAND ACQUISITION OFFICER 3RD FLOOR, NO.405, NUTHANA JILLE SANKIRANA RAMANAGARA DISTRICT-562111 ...RESPONDENTS (BY SMT. SPOORTHY V., HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NOS.1, 2 AND 4; SMT. ANUSUYA DEVI, ADVOCATE FOR RESPONDENT NO.3) - 5 - HC-KAR NC: 2025:KHC:54411 WP No. 16336 of 2022 C/W WP No. 16357 of 2022 WP No. 16380 of 2022 AND 3 OTHERS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PAY THE DIFFERENCE OF AMOUNT TOWARDS THE SALE CONSIDERATION BASED ON THE MARKET VALUE SHOWN AT ANNEXURE-L THE SALE DEED DATED 30.01.2018 AND PAY COMPENSATION AS ON DATE TOGETHER WITH INTEREST AND COSTS THEREOF AND ALSO PROPORTIONATE VALUE TOWARDS BUILDING AND AMENITIES AND ETC. IN WP NO. 16410/2022 BETWEEN: 1. SRI. V.V. PISSAY S/O LATE P. VENKOBA RAO AGED ABOUT 80 YEARS BOODIKERE ROAD, KANAKAPURA TALUK, RAMANAGARA DISTRICT-562111 (SINCE DECEASED REPRESENTED BY HIS LEGAL HEIR) 1(a) SRI. V. BHASKAR RAO PISSAY S/O V.V.PISSAY, AGED ABOUT 57 YEARS, NO.133, CHANDRAMA B.K. ROAD, KANAKAPURA, RAMANAGARA DISTRICT-562117 (AMENDED AS PER ORDER DATED 19.08.2025) ...PETITIONER (BY SRI. SURESH S. LOKRE, SENIOR ADVOCATE ALONGWITH SRI. SHRAVAN S LOKRE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU-560001 - 6 - HC-KAR NC: 2025:KHC:54411 WP No. 16336 of 2022 C/W WP No. 16357 of 2022 WP No. 16380 of 2022 AND 3 OTHERS 2. THE REGISTRAR GENERAL OF STAMPS M.S. BUILDING, VIDHANA VEEDHI BENGALURU-560001 3. THE TOWN MUNICIPAL COUNCIL KANAKAPURA RAMANAGARA DISTRICT-565112 REPRESENTED BY ITS CHAIRMAN/ PRESIDENT KANAKAPURA-562111 4. THE SPECIAL LAND ACQUISITION OFFICER 3RD FLOOR, NO.405, NUTHANA JILLE SANKIRANA RAMANAGARA DISTRICT-562111. ...RESPONDENTS (BY SMT. SPOORTHY V., HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NOS.1, 2 AND 4; SMT. ANUSUYA DEVI, ADVOCATE FOR RESPONDENT NO.3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PAY THE DIFFERENCE OF AMOUNT TOWARDS THE SALE CONSIDERATION BASED ON THE MARKET VALUE SHOWN AT ANNEXURE-M THE SALE DEED DATED 30.01.2018 AND PAY COMPENSATION AS ON DATE TOGETHER WITH INTEREST AND COSTS THEREOF AND ALSO PROPORTIONATE VALUE TOWARDS BUILDING AND AMENITIES AND ETC. IN WP NO. 17122/2022 BETWEEN: SRI. K.R SIDDARAJU S/O B.C. RAMU AGED ABOUT 52 YEARS BOODIKERE ROAD KANAKAPURA TALUK RAMANAGARA DISTRICT. ...PETITIONER (BY SRI. SURESH S. LOKRE, SENIOR ADVOCATE ALONGWITH SRI. SHRAVAN S LOKRE, ADVOCATE) - 7 - HC-KAR NC: 2025:KHC:54411 WP No. 16336 of 2022 C/W WP No. 16357 of 2022 WP No. 16380 of 2022 AND 3 OTHERS AND: 1. THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU-560001 2. THE REGISTRAR GENERAL OF STAMPS M.S. BUILDING, VIDHANA VEEDHI BENGALURU-560001 3. THE TOWN MUNICIPAL COUNCIL KANAKAPURA RAMANAGARA DISTRICT REPRESENTED BY ITS CHAIRMAN/ PRESIDENT KANAKAPURA 4. THE SPECIAL LAND ACQUISITION OFFICER 3RD FLOOR, NO.405, NUTHANA JILLE SANKIRANA RAMANAGARA DISTRICT-562111. ...RESPONDENTS (BY SMT. SPOORTHY V., HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NOS.1, 2 AND 4; SMT. ANUSUYA DEVI, ADVOCATE FOR RESPONDENT NO.3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PAY THE DIFFERENCE OF AMOUNT TOWARDS THE SALE CONSIDERATION BASED ON THE MARKET VALUE SHOWN AT ANNEXURE-L THE SALE DEED DATED 30.01.2018 AND PAY COMPENSATION AS ON DATE TOGETHER WITH INTEREST AND COSTS THEREOF AND ALSO PROPORTIONATE VALUE TOWARDS BUILDING AND AMENITIES AND ETC. IN WP NO. 18141/2022 BETWEEN: SRI. K.R. PRABHAKAR S/O K.G. RAMAIAH AGED ABOUT 52 YEARS, - 8 - HC-KAR NC: 2025:KHC:54411 WP No. 16336 of 2022 C/W WP No. 16357 of 2022 WP No. 16380 of 2022 AND 3 OTHERS BOODIKERE ROAD KANAKAPURA TALUK RAMANAGARA DISTRICT. ...PETITIONER (BY SRI. SURESH S. LOKRE, SENIOR ADVOCATE ALONGWITH SRI. SHRAVAN S LOKRE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU-560001 2. THE REGISTRAR GENERAL OF STAMPS M.S. BUILDING, VIDHANA VEEDHI BENGALURU-560001 3. THE TOWN MUNICIPAL COUNCIL KANAKAPURA RAMANAGARA DISTRICT REPRESENTED BY ITS CHAIRMAN/ PRESIDENT KANAKAPURA 4. THE SPECIAL LAND ACQUISITION OFFICER 3RD FLOOR, NO.405, NUTHANA JILLE SANKIRANA RAMANAGARA DISTRICT-562111. ...RESPONDENTS (BY SMT. SPOORTHY V., HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NOS.1, 2 AND 4; SMT. ANUSUYA DEVI, ADVOCATE FOR RESPONDENT NO.3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PAY THE DIFFERENCE OF AMOUNT TOWARDS THE SALE CONSIDERATION BASED ON THE MARKET VALUE SHOWN AT ANNEXURE-M THE SALE DEED DATED 30.01.2018 AND PAY COMPENSATION AS ON DATE TOGETHER WITH INTEREST AND COSTS THEREOF AND ALSO PROPORTIONATE VALUE TOWARDS - 9 - HC-KAR NC: 2025:KHC:54411 WP No. 16336 of 2022 C/W WP No. 16357 of 2022 WP No. 16380 of 2022 AND 3 OTHERS BUILDING AND AMENITIES AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER In all these petitions, the petitioners have sought for a writ in the nature of mandamus to direct the respondents to pay the sale consideration based on the market value, along with interest. They have also sought for a direction to the respondents not to demolish any portion of the properties belonging to them until the difference is paid. 2. The facts in brief are that the petitioners are the owners of certain properties lying within the jurisdiction of the respondent No.3. It appears that the respondent Nos.3 and 4 had undertaken widening of the Boodikere Road in Kanakapura Taluk. For this purpose, a Price Fixation Committee decided the value of the properties alongside Boodikere - Kanakapura Road for acquisition. The petitioners and similarly situated persons had executed sale deeds in favour of City Municipal Council, Kanakapura, conveying their respective properties for - 10 - HC-KAR NC: 2025:KHC:54411 WP No. 16336 of 2022 C/W WP No. 16357 of 2022 WP No. 16380 of 2022 AND 3 OTHERS the proposed widening. Thereafter, corresponding sale deeds were executed by the petitioners in favour of the respondent No.3. All the petitioners contend that none of them had accepted the valuation arrived at by the respondent No.3 and they contend that the value of the properties is far higher than what is offered to them. The petitioners therefore, prayed that the respondents be directed to pay difference in the value of the properties. 3. When this Court suggested to the learned Senior counsel representing the petitioners that this Court in a writ jurisdiction cannot decide sufficiency or insufficiency of the consideration and it is for the petitioners to work out their remedy before the Civil Court, the learned Senior counsel representing the petitioners submitted that the petitioners shall file representations before the respondent No.3 and the Market Value Evaluation Committee and that suitable direction be issued to the Committee to consider their representations. 4. The learned High Court Government Pleader for respondent Nos.1, 2 and 4 and the learned counsel for respondent No.3 submitted that if the petitioners have - 11 - HC-KAR NC: 2025:KHC:54411 WP No. 16336 of 2022 C/W WP No. 16357 of 2022 WP No. 16380 of 2022 AND 3 OTHERS submitted representations, the same would be considered in accordance with law. 5. In that view of the matter, without expressing any opinion on the merits of the claim of the petitioners, these petitions stand disposed off directing the respondent No.3 as well as Committee to consider the representations, if any, filed by the petitioners for determination of the market value in accordance with law. This shall be done within a period of three months from the date of receipt of a certified copy of this Order. 6. In view of disposal of the writ petitions, pending I.As., if any, do not survive for consideration and the same stand disposed off. Sd/- (R. NATARAJ) JUDGE PMR List No.: 1 Sl No.: 71