- 1 - HC-KAR NC: 2026:KHC:21911 WP No. 25589 of 2025 C/W WP No. 36521 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 25589 OF 2025 (LA-KIADB) C/W WRIT PETITION NO. 36521 OF 2025 IN WP No. 25589/2025 BETWEEN: SRI. MUNIKRISHNAPPA S/O LATE NARAYANAPPA, AGED ABOUT 75 YEARS, R/A NEAR GANGAMMA TEMPLE, HESARGHATTA MAIN ROAD, CHIKKABANAVARA, BENGALURU-560090. …PETITIONER (BY SRI. K. VIJAYA KUMAR.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BENGALURU-560001. REPRESENTED BY ITS SECRETARY. 2. THE SPECIAL LAND ACQUISITION OFFICER-2, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD (KIADB), OFFICE AT KRIDE, NO.14/3, 1ST FLOOR, ARAVINDA BHAVANA, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21911 WP No. 25589 of 2025 C/W WP No. 36521 of 2025 NRUPUTUNGA ROAD, BENGALURU-560001. 3. THE MYSORE STONE WEAR PIPES AND POTTERIES LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, HAVING REGISTERED OFFICE AT 11TH CROSS, 6TH MAIN, SADASHIVANAGAR, BANGALORE-560 080. REPRESENTED BY ITS EXECUTIVE DIRECTOR. SRI. RAJIV RAMOHALLI. …RESPONDENTS (BY SRI. HARISHA A.S., AGA FOR R1; SRI. P.V. CHANDRASHEKAR, ADV. FOR R2; SMT. NALINA MAYEGOWDA, SENIOR ADVOCATE FOR SRI. MAHESH ARKALGUD, ADV. FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION DATED 28.08.2023 (ANNEXURE-A) NOT TO PAY THE COMPENSATION WITHOUT CONSIDERING THE OBJECTIONS FILED BY THE PETITIONER, SINCE THERE IS DISPUTE PENDING BEFORE THE TAHSILDAR, BENGALURU NORTH TALUK, IN HOA (CR)/(N)/08/2004-05 (ANNEXURE-B) DATED 14.11.2008. IN RESPECT OF LAND BEARING SY. NO.79, MEASURING 28 GUNTAS SITUATED AT CHIKKABANAVARA VILLAGE, YESHWATHAPURA HOBLI, BENGALURU NORTH TALUK, BY ALLOWING THIS WRIT PETITION. - 3 - HC-KAR NC: 2026:KHC:21911 WP No. 25589 of 2025 C/W WP No. 36521 of 2025 IN WP NO. 36521/2025 BETWEEN: M/S MYSORE STONEWARE PIPES AND POTTERIES LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1913, HAVING ITS ADDRESS AT NO. 452, 11TH CROSS, SADASHIVANAGAR, BENGALURU - 560 080. REPRESENTED BY ITS EXECUTIVE DIRECTOR, MR. RAJIV RAMOHALLI. ...PETITIONER (BY SMT. NALINA MAYEGOWDA, SENIOR ADVOCATE FOR SRI. MAHESH ARKALGUD SRIKANTH, ADVOCATE) AND: 1. G. PAPAIAH S/O LATE GOVINDAPPA, AGED ABOUT 56 YEARS, 2. MUNIKRISHNA S/O LATE NARAYANAPPA , AGED ABOUT 76 YEARS, 3. CHANNAKESHAVA S/O LATE NARAYANAPPA, AGED ABOUT 56 YEARS, 1ST TO 3RD RESPONDENTS ARE RESIDING AT CHIKKABANAVARA VILLAGE, NEAR BUS STOP, - 4 - HC-KAR NC: 2026:KHC:21911 WP No. 25589 of 2025 C/W WP No. 36521 of 2025 HESARAGHATTA MAIN ROAD, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU 560 090. 4. THE TAHSILDAR, BENGALURU NORTH TALUK, BENGALURU 560 009. ...RESPONDENTS (BY SRI. HARISHA A.S., AGA FOR R4; SRI. K. VIJAY KUMAR, ADV. FOR R2 AND R3; R1 SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 30.11.2022 (ANNEXURE-K) PASSED BY THE HON'BLE VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE BENGALURU RURAL IN MA.NO. 3/2022. THESE PETITIONS, COMING ON FOR ORDERS HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 5 - HC-KAR NC: 2026:KHC:21911 WP No. 25589 of 2025 C/W WP No. 36521 of 2025 ORAL ORDER IN W.P.NO.25589/2025 W.P.No.25589/2025 has been filed seeking for issuance of writ of mandamus to respondent No.2 - Special Land Acquisition Officer to consider the representation dated 28.08.2023 and be restrained from paying compensation without consideration of objections filed by the petitioner on the premise that there is a dispute pending before the Tahsildar, Bengaluru North Taluk in Case No.HOA/CR/(N)08/2004-05 at Annexure-B in respect of land in Sy.No.79 measuring 28 guntas situated at Chikkabanavara Village, Yeshwanthapura Hobli, Bengaluru North Taluk. 2. It is the case of the petitioner in W.P.No.25589/2025 that petitioner had filed an application seeking for regrant of the land in question in terms of the Karnataka Village Offices Abolition Act. It is the further case that the said claim of the petitioner for re-grant is - 6 - HC-KAR NC: 2026:KHC:21911 WP No. 25589 of 2025 C/W WP No. 36521 of 2025 still pending consideration and has not attained finality in light of order in M.A.No.3/2022 having allowed the miscellaneous appeal setting aside the order of Tahsildar in Case No.HOA/CR/(N)08/2004-05 dated 14.11.2008 with a further direction to hold fresh inquiry by giving opportunity to the legal representatives of the deceased respondents No.3, 4, 5 and 11 (reference to respondents are the ranks that respondents hold in M.A.No.3/2022). 3. The present petition could be disposed of with the observation that the respondent - KIADB would not disburse the compensation amount till the disposal of miscellaneous appeal. 4. As the order in M.A.No.3/2022 is set aside as per the order in W.P.No.36521/2025, the appellants in M.A.No.3/2022 are required to take steps to bring legal representatives of the deceased respondents in the said appeal, failing which consequences would follow. - 7 - HC-KAR NC: 2026:KHC:21911 WP No. 25589 of 2025 C/W WP No. 36521 of 2025 5. The Learned District Judge may take appropriate steps to expedite disposal of the miscellaneous appeal, taking note of the seniority of the matter and the urgency pleaded. All contentions are kept open. 6. Accordingly, the petition is disposed of. IN W.P.NO.36521/2025 W.P.No.36521/2025 has been filed seeking for setting aside of the order passed in M.A.No.3/2022, whereby the miscellaneous appeal filed challenging the order passed in Case No.HOA/CR/(N)08/2004-05, came to be allowed with direction to reconsider and pass fresh orders after giving an opportunity to the legal representatives of deceased respondents No.3, 4, 5 and 11 (reference to respondents are the ranks that respondents hold in M.A.No.3/2022). 2. Learned counsel for the respondent has undertaken to file memo along with list of legal - 8 - HC-KAR NC: 2026:KHC:21911 WP No. 25589 of 2025 C/W WP No. 36521 of 2025 representatives of the deceased respondents as referred to in the order passed in M.A.No.3/2022, before the Court which passed the order in the miscellaneous appeal. 3. Noticing that there is a direction in M.A.No.3/2022 to rehear the matter after issuing notice to the legal representatives of the deceased respondents as mentioned therein and also noticing that the counsel for the respondent has undertaken to file a memo along with the list of legal representatives of the deceased respondents before the Court, without entering into the merits of the observations made in M.A.No.3/2022, the order in M.A.No.3/2022 is set aside, matter is remitted for reconsideration insofar as claim of the petitioners herein as regards to Survey No.79 of Chikkabanavara Village is concerned. Such order is passed taking note that the respondent has undertaken to file a memo with details of legal representatives before the Court and noticing that learned District Judge had remitted the matter back to - 9 - HC-KAR NC: 2026:KHC:21911 WP No. 25589 of 2025 C/W WP No. 36521 of 2025 Tahsildar for fresh enquiry after bringing legal representatives on record. 4. Insofar as Sy.No.79, as petitioner is present, learned counsel for the respondent has undertaken that legal representatives would be brought on record, and the learned District Judge is to then determine the appeal as per law after recording a finding as to the death of the respondents therein and recording a finding as to their death in the proceedings in miscellaneous appeal or earlier. 5. Further, as regards the order with respect to other survey numbers not relating to the claim of the petitioner i.e. Survey No.90 of Chikkabanavara Village, the learned District Judge may consider the contentions as permissible in law. 6. Accordingly, it is reiterated that insofar as respondents in the miscellaneous appeal who have a say as regards claim of the petitioner in Survey No.79, the - 10 - HC-KAR NC: 2026:KHC:21911 WP No. 25589 of 2025 C/W WP No. 36521 of 2025 petitioners could bring on record the legal representatives. Accordingly, the order in M.A.No.3/2022 is set aside and matter is remitted for reconsideration in light of observations made above. All other contentions are kept open. 7. Accordingly, the present petition is disposed of. SD/- (S SUNIL DUTT YADAV) JUDGE MCR,GH List No.: 1 Sl No.: 24