Disposed

Sri. Ashrani @ Asha v. the State of Karnataka

Karnataka HC4 Dec 2024WP/19400/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka held that since a civil suit regarding property shares is pending before the Senior Civil Judge at Nelamangala, the Karnataka Industrial Areas Development Board is directed not to disburse the compensation amount until the conclusion of that suit. The petition was disposed of.

What did the court decide?

The Respondent-KARNataka Industrial Areas Development Board is directed to decide on the disbursement of compensation only after the conclusion of O.S. No.542/2021.

Sri. Ashrani @ Asha Vs the State of Karnataka — Land Acquisition | Karnataka HC (2024)

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1 - NC: 2024:KHC:50099 WP No. 19400 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 04^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.19400 OF 2024 (LA-KIADB)

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BETWEEN:

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SRI. ASHRANI @ ASHA D/O. LATE SHANKARACHAR AND SMT. RUDRANAMMA, W/O. SRI. SRINIVASA MURTHACHAR, AGED ABOUT 38 YEARS, RESIDING AT THIGALARA BEEDI, UDRIGERE VILLAGE AND HOBLI, TUMAKURU TALUK AND DISTRICT, KARNATAKA-572 140.

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…PETITIONER

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(BY SRI. PRAVIN RAJU DEVANG, ADVOCATE FOR SRI. JAYARAJ D.S., ADVOCATE)

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AND:

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Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka

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THE STATE OF KARNATAKA REPRESENTED BY ADDITIONAL CHIEF SECRETARY INDUSTRIES AND COMMERCE DEPARTMENT, VIKAS SOUDHA, DR. B. R. AMBEDKAR VEEDHI ROAD, BENGALURU - 560 001.

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THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REPRESENTED BY THE CHIEF EXECUTIVE OFFICER AND EXECUTIVE DIRECTOR, NO. 49, 4^TH AND 5^TH FLOOR,

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2 - NC: 2024:KHC:50099 WP No. 19400 of 2024

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EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU - 560 001.

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THE SPECIAL LAND ACQUISITION OFFICER -1, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (KIADB) (BMICP) AND BENGALURU RURAL, NELAMANGALA, OFFICE SITUATED AT NO.14/3, ARAVINDA BHAVAN, 1^ST FLOOR, NRUPATHUNGA ROAD, BENGALURU - 560 001.

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SMT. PUTTATHAYAMMA, W/O. LATE GANGACHARI, AGED ABOUT 94 YEARS, RESIDING AT VANAVARA, DODDABALLAPURA TALUK, KARNATAKA-561 203.

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SMT. KAMALAMMA, D/O. LATE NINGAMMA AND LATE CHANNACHAR, W/O. LATE ALAGCHAR, AGED ABOUT 74 YEARS RESIDING AT NEAR PARK, NEAR SUBRAMANYA SWAMY TEMPLE, KURIPALYA, TUMAKURU CITY, KARNATAKA - 572 101.

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SMT. ASHWATHAMMA D/O. SMT. KAMALAMMA AND LATE ALAGACHAR, W/O. LATE GANGADHARACHAR, AGED ABOUT 64 YEARS, RESIDING AT NEAR PARK, NEAR SUBRAMANYA SWAMY TEMPLE, KURIPALYA, TUMAKURU CITY, KARNATAKA - 572 101.

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3 - NC: 2024:KHC:50099 WP No. 19400 of 2024

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SMT. RUDRANAMMA D/O. KAMALAMMA AND LATE ALAGACHAR, W/O. LATE SHANKARACHAR, AGED ABOUT 54 YEARS, RESIDING AT THIGALARA BEEDI, UDRIGERE VILLAGE AND HOBLI, TUMAKURU TALUK AND DISTRICT, KARNATAKA - 572 140.

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SMT. KALAMMA S, D/O. RUDRANAMMA AND LATE SHANKARACHAR, W/O. SRI. LOKESH, AGED ABOUT 36 YEARS, RESIDING AT THIGALARA BEEDI, UDRIGERE VILLAGE AND HOBLI, TUMAKURU TALUK AND DISTRICT, KARNATAKA - 572 140.

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SMT. SHRUTHI PRAVEEN, W/O. SRI. PRAVEEN K.J. AGED : MAJOR, RESIDING AT NO. 96, SERPENTINE ROAD, OPPOSITE SBM, KUMARA PARK WEST, SESHADRIPURAM, BENGALURU - 560 002.

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SRI. HANUMANTHA S/O. CHIKKANNA, AGED : MAJOR, RESIDING AT CHIKKANNANA PALYA, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT, KARNATAKA - 562 123.

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…RESPONDENTS

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(BY SRI. MANJUNATH K., HCGP FOR R1;

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NC: 2024:KHC:50099 WP No. 19400 of 2024

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SRI. GOPAL V., BILALMANE, ADVOCATE FOR R2 AND R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NOS.2 AND 3 TO RESTRAIN / REFRAIN FROM RELEASING OR DISBURSING ANY COMPENSATION AMOUNT TO ANYONE IN VIEW OF ACQUIRING THE ITEM NO. 2 OF THE PETITION SCHEDULE PROPERTIES AS PER THE SHOW-CAUSE NOTICE DATED 19.04.2024 IN PROCEEDINGS NO.86/24-25 VIDE ANNEXURE-F UNTIL DISPOSAL OF THE SUIT IN O.S.NO.542/2021 PENDING CONSIDERATION ON THE FILE OF HON'BLE COURT OF SENIOR CIVIL JUDGE AT NELAMANGALA VIDE ANNEXURE-B; AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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ORAL ORDER

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Heard the learned counsel appearing for the parties.

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In this writ petition, the petitioner has sought for direction to the respondent-authorities not to release/disburse the compensation amount in view

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of the pendency of the suit in OS No.542 of 2021,

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5 - NC: 2024:KHC:50099 WP No. 19400 of 2024

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which is pending consideration before the Senior Civil Judge at Nelamangala.

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Having heard the learned counsel appearing

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for the parties and taking into consideration the fact that, the suit in OS No.542 of 2021 is pending consideration before the competent civil court, to determine the shares of the parties in the suit schedule properties, I am of the view that, respondent-Karnataka Industrial Areas Development Board is directed to take decision insofar for disbursal of the compensation only after the conclusion of the suit in OS No.542 of 2021. With this observation the writ petition is disposed of .

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SD/(E.S.INDIRESH) JUDGE

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SB List No.: 1 Sl No.: 6

Sri. Ashrani @ Asha v. the State of Karnataka

Case brief

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Sri. Ashrani @ Asha v. the State of Karnataka

Case brief

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