Sri Basavaraju S v. the State of Karnataka
Case brief
What is this about?
This writ petition sought an interim order restraining the KIADB from disbursing land acquisition compensation until a pending partition suit was decided. The Court declined direct intervention, holding that the issue must be settled by the Civil Court in the partition proceedings. However, as a facilitation measure, it directed the KIADB to delay disbursement by two weeks and granted liberty to t
What did the court decide?
Directed the KIADB to not disburse compensation to anyone for a period of two weeks. Petitioner granted liberty to seek interim order in the pending partition suit.
What the court decided
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY, 2023
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.411 OF 2023 (LA-KIADB)
BETWEEN:
SRI. BASAVARAJU S S/O LATE SRI. SIDDAPPA AGED ABOUT 61 YEARS, R/O OBALAPURA VILLAGE, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562 123.
…PETITIONER
(BY SRI. V.R.BALARAJ, ADVOCATE)
AND:
- 1 . THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT INDUSTRIES AND COMMERCE DEPARTMENT M.S. BUILDING, BANGALORE - 560 001.
Issues for consideration
3 issues framed by the court
Whether the Writ Court can issue an interlocutory injunction restraining the KIADB from disbursing compensation while a partition suit is pending.
Whether immediate interference by the Writ Court is called for when the primary dispute is before the Civil Court.
Whether the High Court should stay the order of the Special Land Acquisition Officer pending the outcome of the partition litigation.
Parties & counsel
- petitioner
Sri. Basavaraju S/S/o Late Sri. Siddappa
- respondent
The State of Karnataka
- respondent
The Karnataka Industrial Area Development Board
- respondent
The Special Land Acquisition Officer-II
- respondent
Sri. Shivashankar
- respondent
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · January
- Registered
- Case no.
- WP/411/2023
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