Disposed

Smt. B.R. Smitha v. State of Karnataka

Karnataka HC6 Apr 2023WP/6199/2023

Case brief

AI extract

What is this about?

Court suggests the Special Land Acquisition Officer frame the General Award and deposit the compensation amount in a pending partition suit for subsequent disbursal. The writ petition is disposed of based on mutual agreement between parties regarding this suggestion.

What did the court decide?

Petitioners represented requested via agreement for SLA Officer to determine compensation, deposit it in pending partition suit (O.S.No.355/2017), and seek disposal within nine months.

Smt. B.R. Smitha Vs State of Karnataka — Partition | Karnataka HC (2023)

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1 - WP No. 6199 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF APRIL, 2023

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BEFORE

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT

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WRIT PETITION NO. 6199 OF 2023 (LA-KIADB)

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BETWEEN:

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SMT. B.R. SMITHA, D/O B A RAJANNA, AGED ABOUT 30 YEARS, R/AT BILLANAKOTE VILLAGE,

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SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT -562 111.

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SRI. B R RUDRESH, S/O B A RAJANNA, AGED ABOUT 27 YEARS, R/AT BILLANAKOTE VILLAGE,

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SOMPUR HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT 562 111.

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…PETITIONERS

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Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA

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(BY SRI. PUNITH C.,ADVOCATE)

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AND:

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STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE,

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M.S. BUILDING, BANGALORE -560 001.

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SRI. B R RAJANNA, S/O LATE APPAYANNA, AGED ABOUT 62 YEARS, R/AT BILLANAKOTE VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT -562 111.

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WP No. 6199 of 2023

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SRI. B T SANJEEVAIAH, S/O LATE THIMMEGOWDA, AGED ABOUT 62 YEARS, R/AT BILLANAKOTE VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT-562 111.

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SRI. B S JAYARAM, S/O B T SANJEEVAIAH, AGED ABOUT 45 YEARS, R/AT BILLANKOTE VILLAGE, SOMPURA HOBLI, NEALAMANGALA TALUK, BANGALORE RURAL DISTRICT -562 111.

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SPECIAL LAND ACQUISITON OFFICER -2, KIADB (BMICP), BANGALORE RURAL DISTRICT, NO.14/3, CFC BUILDING, MAHARASHI ARVIND BHAVAN, 1^ST FLOOR, NRUPATHUNGA ROAD, BANGALORE -560 001.

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…RESPONDENTS

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(BY SRI.R SRINIVASA GOWDA., AGA FOR R1; SRI. P V CHANDRASHEKAR.,ADVOCATE FOR R5; SRI. PADMANABHA MAHALE.,SENIOR COUNSEL A/W SRI. D S JAYARAJ., ADVOCATE FOR R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE NOTICE DTD 23.01.2023 ISSUED BY R-5 KIADB VIDE REFERENCE NO.KIADB/LAQ/1635/2022-23 AS PER ANNX-E AND DIRECTING RESPONDENT NO.5 KIADB TO SEND REFERENCE TO THE CIVIL COURT BY SENDIGN THE COMPENSATION AMOUNT FOR THE PURPOSE OF APPORTIONMENT OF COMPENSATION BETWEEN THE PARTIES UNDER LITIGATION AND FOR DISBURSEMENT IN ACCORDANCE WITH LAW BY CONSIDERING THE PETITIONERS REPRESENTATION DTD 03.12.2022 AS PER ANNX-D AND ETC.,

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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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WP No. 6199 of 2023

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ORDER

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Both the sides having argued the matter for sometime, are now graciously in agreement with the suggestion of this court that:

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(a) in respect of the acquisition in question, the Spl. Land Acquisition Officer shall frame the General Award and determine the compensation immediately; (b) the entire compensation amount shall be deposited in the pending partition suit in O.S.No.355/2017, forthwith;

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(d) the learned Judge of the court below is requested to try & dispose of the suit preferably within an outer limit of nine months excluding the period of adjournment sought for by the respondents herein.

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Ordered accordingly & Writ Petition is disposed off.

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Sd/JUDGE

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cbc

Smt. B.R. Smitha v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt. B.R. Smitha v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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