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2026 DAILYLAW 24318 (KAR)

SMT. B. A. INDIRAMMA v. THE SPECIAL LAND ACQUISITION OFFICER

WP/19271/2026 · 2026-06-29

Vijaykumar A Patil

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:32209 WP No. 19271 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 19271 OF 2026 (GM-CPC) BETWEEN: SMT. B. A. INDIRAMMA AGED ABOUT 88 YEARS, D/O LATE. B.M. APPA REDDY W/O LATE M. VENKATA REDDY RESIDING AT NO.13, 2ND CROSS SHANKARPURAM, BENGALURU - 560 004 REPRESENTED BY HER GPA HOLDER, SRI MANJUNATH V, AGED ABOUT 52 YEARS, S/O LATE M VENKATA REDDY, RESIDING AT NO.13, 2ND CROSS, SHANKARPURAM, BENGALURU - 560 004. …PETITIONER (BY SRI.GAUTHAM S.BHARADWAJ, ADVOCATE FOR SRI. ANKITH JAIN, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER 3RD FLOOR, PODIUM BLOCK, VISHVESHWARAIAH TOWERS, BENGALURU - 560 001. 2. THE MANAGING DIRECTOR/ LAND ACQUISITION OFFICER BENGALURU METRO RAIL CORPORATION LTD. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32209 WP No. 19271 of 2026 (BMRCL), DOUBLE ROAD, SHANTHINAGAR, BUS STAND COMPLEX, 3RD FLOOR, BENGALURU - 560 027. …RESPONDENTS (BY SRI. SANJAY JADHAV B, AGA FOR R1 SRI. N. MANOHAR, ADVOCATE FOR R2) - - - THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECTING THE PRL. SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT TO DISPOSE OF EXECUTION PETITION NO. 45/2019 ANNEXURE-C AS EXPEDITIOUSLY AS POSSIBLE IN TERMS OF THE LAW LAID DOWN BY THE HONBLE APEX COURT IN RAHUS S SHAH V JINENDRA KUMAR GHANDHI (2021 6 SCC 418 PERIYAMMAL (DEAD) THROUGH LRS AND OTHER VS C. RAJAMANI AND ANOTHER (2025 SCC ONLINE SC 507) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER Learned counsel for the petitioner and the learned counsel for the respondents submit that the matter may be taken up for final disposal. Based on their submissions, the matter is taken up for final disposal. 2. This writ petition is filed seeking the following prayers: - 3 - HC-KAR NC: 2026:KHC:32209 WP No. 19271 of 2026 “A. Issue a writ of mandamus directing the Principal Senior Civil Judge, Bangalore Rural District, to dispose of Execution Petition No. 45/2019 Annexure-(C) as expeditiously as possible in terms of the law laid down by the Hon'ble Apex Court in Rahul S Shah v Jinendra Kumar Ghandhi (2021) 6 SCC 418 Periyammal (Dead) through Lrs and others vs C. Rajamani and Another (2025) SCC Online SC 507; B. Direct the Principal Senior Civil Judge, Bangalore Rural District, on whose file Execution Petition No. 45/2019 Annexure-C is pending, to compute the balance enhanced compensation payable to Petitioner upon verifying the memo of calculation filed by the Petitioner in the Executing Court at ANNEXURE-G ; C. Pass such other order or orders as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.” 3. Heard Sri.Gautham S.Bharadwaj, learned counsel appearing for Sri.Ankith Jain, learned counsel for the petitioner, the learned Additional Government Advocate appearing for the respondent No.1 and Sri.N.Manohar, learned counsel appearing for the respondent No.2. - 4 - HC-KAR NC: 2026:KHC:32209 WP No. 19271 of 2026 4. The petitioner-decree holder had filed Ex.P.No.45/2019 seeking to execute the judgment and award dated 12.04.2021 passed in MFA No.6082/2019 c/w MFA Nos.5511/2019 and 978/2021. 5. It is to be noticed that the execution proceedings were initiated in the year 2019 and thereafter, the petitioner has sought amendment to the execution petition on 04.08.2021 which came to be allowed and he sought to execute the judgment and award dated 12.04.2021 produced as Annexure-A and as modified by the order dated 11.06.2021. 6. The grievance of the petitioner is that the petitioner is aged about 90 years, litigating from many decades and has impressed the Executing Court to dispose of the proceedings at the earliest. However, the Executing Court is adjourning the matter to longer dates. It is submitted that the Hon’ble Supreme Court in the case of PERIYAMMAL (DEAD) THROUGH LEGAL REPRESENTATIVES AND OTHERS Vs. V.RAJAMANI - 5 - HC-KAR NC: 2026:KHC:32209 WP No. 19271 of 2026 AND ANOTHER1, has directed that the execution proceedings shall be disposed of within six months. 7. The learned Additional Government Advocate for the respondent No.1 and the learned counsel appearing for the respondent No.2 submit that they would co-operate for early disposal of the execution proceedings. The learned Additional Government Advocate further submits that he would instruct the concerned Land Acquisition Officer i.e. the judgment debtor No.1 to represent in the execution proceedings and co-operate for early disposal. The aforesaid submissions are placed on record. 8. Having heard the learned counsel appearing on both the sides, taking note of the grounds urged in the petition, the age of the petitioner and also keeping in mind the enunciation of law laid down by the Hon'ble Supreme Court in the decision referred supra, I am of the considered view that an appropriate direction is required 1 (2025) 9 SCC 568 - 6 - HC-KAR NC: 2026:KHC:32209 WP No. 19271 of 2026 to be issued to the Executing Court to dispose of the execution petition as early as possible without any delay. It is needless to observe that if the respondents failed to co-operate in the proceedings, the Executing Court shall proceed in accordance with law and dispose of the same. 9. Hence, I proceed to pass the following: ORDER (i) The writ petition is allowed. (ii) A writ of mandamus is issued to the Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru, to dispose of Ex.P.No.45/2019 as expeditiously as possible, keeping in mind the decision of the Hon’ble Supreme Court referred supra and without any delay. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SMC List No.: 3 Sl No.: 31