Petitioners challenged an order ordering payment of acquisition compensation pending appeal. The High Court disposed of the petition, granting liberty to file an application in the Reference Court to consider deferring payment.
Petition disposed, liberty to move Appellate Court with application for deferral of payment in Reference Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 3176 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 3176 OF 2023 (LA-RES)
BETWEEN:
SMT JAYALAKSHMI, SINCE DEAD, BY
SMT. KALAVATHI, SINCE DEAD BY:
Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA
APPELLANTS 1 TO 3 ARE R/A HARINAGARA, ANJANAPURA POST, BANGALORE-560 062.
…PETITIONERS
(BY SRI. VARADARAJAN M S., ADVOCATE)
WP No. 3176 of 2023
AND:
RESPONDENTS 1 TO 4 ARE RESIDING AT HOSADODDI VILLAGE, UTHARAHALLI HOBLI, BOLARE POST, BANGALORE SOUTH TALUK-560 061.
JAARAMAIAH, SINCE DEAD BY:
WP No. 3176 of 2023
RESPONDENTS NOS.5 & 7 ARE R/AT HOSADODDI VILLAGE, UTTARAHALLI HOBLI, BOLARE POST, BANGALORE SOUTH TALUK-560 061.
P N HANUMANTHA REDDY, S/O LATE NARASIMHA REDDY, SINCE DEAD BY L.RS
8. RATHNAMMA,
RESPONDENTS NO.8, 9 & 10 ARE R/AT NO.63, KANAKAPURA MAIN ROAD, NEAR RAMA MANDIRA, PATTAREDDYPALYA, KAGGALIPURA, BANGALORE-560 082.
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL
WP No. 3176 of 2023
FOR RECORDS IN MISC.NO.16/2016 ON THE FILE OF THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT (ANNEXURE-A) AND SET ASIDE THE ORDER DATED 16/01/2023 VIDE ANNEXURE-A PASSED IN THE SAID CASE, I.E., MISC.NO.16/2016 ON THE FILE OF THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioners seeks an order for interdicting the payment of compensation solely on the ground that his appeal in R.S.A.No.1901/2022 is pending consideration on the file of a Coordinate Bench wherein the appellate order that affirmed rejection of his plaint is put in challenge. Learned counsel for the Petitioners argues that in view of the urgency, Writ Court should intervene to grant some reprieve so that his clients can move the Regular Second Appeal. This is bit difficult to countenance since already RSA is pending wherein, they could have moved that Court instead of filing this Writ Petition.
In view of the above, Writ Petition is disposed off reserving liberty to the Petitioners to move Appeal Court
WP No. 3176 of 2023
by filing appropriate application within two weeks and till
then, the Reference Court may consider whether the payment of compensation can be deferred in its discretion, keeping in view justice of the case.
Costs made easy.
Sd/JUDGE
cbc
2 issues framed by the court
Whether the Writ Court should intervene to interdict payment of compensation pending a regular appeal.
Whether the Petitioners should be granted liberty to approach the Appellate Court first.
1 provisions across 1 enactments
SMT JAYALAKSHMI LEGATEES
LAND ACQUISITION OFFICER N.H. NO.209
KRISHNA S DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
