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2026 DAILYLAW 32685 (KAR)

SMT SAVITHA v. THE EXECUTIVE MEMBER

WP/1794/2026 · 2026-08-19

Ravi V Hosmani

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010049782026 NC: 2026:KHC:44800 WP No. 1797 of 2026 C/W WP No. 1794 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO.1797 OF 2026 (LA-KIADB) C/W WRIT PETITION NO.1794 OF 2026 (LA-KIADB) IN WP No.1797/2026: BETWEEN: 1. SMT.AKKAYAMMA @ AKKAYAMMA W/O LATE B.MUNEGOWDA AGED ABOUT 77 YEARS 2. SRI B.M.JAYARAMEGOWDA S/O LATE B.MUNEGOWDA AGED ABOUT 53 YEARS 3. SRI B.M.KRISHNAPPAGOWDA S/O LATE B.MUNEGOWDA, AGED ABOUT 50 YEARS ALL ARE R/O BEERASANDRA VILLAGE, A.D.HALLI POST, KUNDANA HOBLI DEVANAHALLI TALUK - 561 203, BANGALORE RURAL DISTRICT. 4. SMT. SEETHAMMA D/O LATE B.MUNEGOWDA AGED ABOUT 48 YEARS R/O DASAGONDANAHALLI VILLAGE, RAJAGHATTA POST, DODDABALLAPURA TALUK- 561 203. 5. SMT.SUNEETHA.B.M. D/O LATE B.MUNEGOWDA W/O NARAYANASWAMY R/O CHEEDACHIKKANAHALLI VILLAGE Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010049782026 NC: 2026:KHC:44800 WP No. 1797 of 2026 C/W WP No. 1794 of 2026 AGALAGURKI VILLAGE, CHIKKABALLAPURA TALUK AND DISTRICT - 562 103. 6. SRI B.M.VENKATEGOWDA S/O LATE B.MUNEGOWDA, AGED ABOUT 43 YEARS R/O BEERASANDRA VILLAGE, A.D.HALLI POST, KUNDANA HOBLI DEVANAHALLI TALUK-561 203 BANGALORE RURAL DISTRICT. …PETITIONERS (BY SRI B.R.SRIDHAR, ADVOCATE FOR SRI SHIVAPRAKASH M., ADVOCATE) AND: 1. THE EXECUTIVE MEMBER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NRUPATUNGA ROAD, BANGALORE - 560 001. 2. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD OFFICE-2, BANGALORE RURAL OFFICE AT NO.14/3, C AND FC BUILDING, MAHARSHI ARAVIND BHAVAN 1ST FLOOR, NRUPATUNGA ROAD, BANGALORE - 560 001. …RESPONDENTS (BY SRI H.L.PRADEEP KUMAR, ADVOCATE FOR R1 & R2) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS IN O.S.NO.1424/2025 ON THE FILE OF SENIOR - 3 - HC-KAR CNR: KAHC010049782026 NC: 2026:KHC:44800 WP No. 1797 of 2026 C/W WP No. 1794 of 2026 CIVIL JUDGE, DEVENAHALLI, BANGALORE RURAL DISTRICT B) TO ISSUE WRIT OF MANDAMUS AGAINST THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 27/10/2025 AT ANNEXURE-C1 AND C2. AND DIRECTING THE RESPONDENT NOT TO RELEASE THE AWARD AMOUNT OTHER THAN THE PETITIONERS IN RESPECT OF LAND BEARING SY. NOS.28, 28/4, 28/5 AND 28/6 MEASURING AN EXTENT OF 2 ACRES. IN WP NO. 1794/2026: BETWEEN: 1. SMT.SAVITHA W/O SRI GOVARDHANA AGED ABOUT 44 YEARS R/AT NO.201/A, LINGAPPA COMPOUND MALANNA LAYOUT, ABBIGERE, CHIKKABANAVARA BANGALORE - 560 090. BANGALORE NORTH. ...PETITIONER (BY SRI B.R.SRIDHAR, ADVOCATE FOR SRI SHIVAPRAKASH M., ADVOCATE) AND: 1. THE EXECUTIVE MEMBER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, (KIADB) 4TH FLOOR, KHANIJA BHAVAN, EAST WING, RACE COURSE ROAD, BANGALORE - 560 001. 2. THE LAND ACQUISITION OFFICER-II KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, (KIADB) (DEVANAHALLI) ARAVINDA BHAVANA NRUPATUNGA ROAD, BANGALORE -560 001. - 4 - HC-KAR CNR: KAHC010049782026 NC: 2026:KHC:44800 WP No. 1797 of 2026 C/W WP No. 1794 of 2026 3. SRI M.JAGANNATH S/O LATE MUNIYAPPA AGED ABOUT 54 YEARS, 4. SRI M LOKESH S/O LATE MUNIYAPPA AGED ABOUT 52 YEARS, 5. SRI M RAVI S/O LATE MUNIYAPPA AGED ABOUT 50 YEARS, RESPONDENTS NO.3 TO 5 ARE R/O RABBANAHALLI VILLAGE KOIRA POST, KUNDANA HOBLI DEVANAHALLI TALUK BANGALORE RURAL DISTRICT - 562 164. 6. SRI B.SUDHAKARA S/O BYANNA AGED ABOUT 42 YEARS R/AT RABBANAHALLI VILLAGE, KOIRA POST, KUNDANA HOBLI DEVANAHALLI TALUK BANGALORE RURAL DISTRICT. ...RESPONDENTS (BY SRI H.L.PRADEEP KUMAR, ADVOCATE FOR R1 & R2; SRI AJAY J.NANDALIKE, ADVOCATE FOR R3 & R5; NOTICE TO R4 & R6 IS D/W VIDE ORDER DTD 19.08.2026) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING CALL FOR THE ENTIRE RECORDS IN RESPECT OF THE LAND BEARING SY.NOS.6/3, 6/4, 6/5 AND 120/1 RABBANAHALLI VILLAGE, DEVANAHALLI TALUK, II. TO ISSUE WRIT OF MANDAMUS AGAINST RESPONDENT NOS.1 AND 2 TO CONSIDER OBJECTION DATED 16.012026 AND LEGAL NOTICE DATED 17.01.2026 ANNEXURE-E AND F IN ACCORDANCE WITH LAW AND TO - 5 - HC-KAR CNR: KAHC010049782026 NC: 2026:KHC:44800 WP No. 1797 of 2026 C/W WP No. 1794 of 2026 PASS APPROPRIATE ORDER TAKING INTO CONSIDERATION THE FINAL ADJUDICATION IN O.S.NO.128/2010 SO AS TO APPORTION THE AMOUNT OF COMPENSATION TO THE COPARCENERS IN THE FAMILY. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER These writ petitions are filed seeking following reliefs: In WP no.1797/2026: a) Call for the entire records in O.S.No.1454/2025 on the file of Senior Civil Judge, Devenahalli, Bangalore Rural District; b) To issue writ of mandamus against the respondents to consider the representation dated 27/10/2025 at Annexure-C1 and C2. And directing the respondent not to release the award amount other than the petitioners in respect of land bearing Sy.Nos.28, 28/4, 28/5 and 28/6 measuring an extent of 2 acres. c) Pass such other order/s as this Hon'ble Court deems fit and proper in the circumstances of the case. d) Cost of the proceedings, in the interest of justice and equity. In WP no.1794/2026: i) Call for the entire records in respect of the land bearing Sy.Nos.6/3, 6/4, 6/5 and 120/1 of Rabbanahalli Village, Devanahalli Taluk. ii) To issue writ of mandamus against respondents No.1 and 2 to consider objection dated - 6 - HC-KAR CNR: KAHC010049782026 NC: 2026:KHC:44800 WP No. 1797 of 2026 C/W WP No. 1794 of 2026 16.01.2026 and Legal Notice dated 17.01.2026 at Annexure-E and F in accordance with law and to pass appropriate order taking into consideration the final adjudication in O.S.No.128/2010 so as to apportion the amount of compensation to the coparceners in the family. iii) Pass such other order/s, as this Hon'ble Court deems fit and proper, in the circumstances of the case. iv) Cost of the proceedings. 2. Heard Sri B.R. Sridhar, learned counsel appearing for Sri M. Sivaprakash, advocate for petitioners and Sri H.L. Pradeep Kumar, learned counsel for respondents no.1 and 2 in both cases and Sri Ajay J Nandalike, learned counsel for respondents no.3 and 5. 3. Though notice to respondents no.4 and 6 is not yet served, in view of nature of order passed, notice to them are dispensed with at this stage. 4. As per learned counsel for petitioners, writ petitions are filed seeking direction for consideration of petitioners' representations against disbursal of compensation amount for acquisition of lands bearing Sy.nos.28, 28/4, 28/5, 28/6 and Sy.nos.6/3, 6/4, 6/5 and 120/1 of Chapparadahalli and Rabbanahalli villages, Kundana Hobli, Devanahalli Taluk, - 7 - HC-KAR CNR: KAHC010049782026 NC: 2026:KHC:44800 WP No. 1797 of 2026 C/W WP No. 1794 of 2026 Bangalore Rural District respectively for formation of an Industrial Area. It is asserted by petitioners there were civil suits for partition pending before Civil Court with regard to said lands and without settlement of rights before Civil Court, in case respondents disburse amount of compensation, petitioners would suffer irreparable loss and therefore seek for allowing petitions. 5. Learned counsel for respondents submit that as petitions are filed for direction to consider representation, petitions be disposed of grating reasonable period for consideration. 6. At outset, mere pendency of suits for partition as stated would not be an impediment for respondents to consider representations. In either case representations having been filed and as respondents submit that same would be considered in accordance with law, writ petitions are disposed of by directing consideration of petitioners' representations / objections dated 27.10.2025 as per Annexures - C1 and C2 in WP no.1797/2026 and Annexure - E dated 16.01.2026 and Annexure - F dated 17.01.2026 in WP no.1794/2026 n - 8 - HC-KAR CNR: KAHC010049782026 NC: 2026:KHC:44800 WP No. 1797 of 2026 C/W WP No. 1794 of 2026 accordance with law, keeping in mind Section 30 of Land Acquisition Act, 1984 and after issuing notice and providing opportunity to all affected parties. And since interim order has been granted in these petitions not to disburse amount, it would be imperative that respondents no.1 and 2 shall not disburse amount till passing of orders on petitioners' objections/representations. Sd/- (RAVI V HOSMANI) JUDGE GRD List No.: 1 Sl No.: 0