Smt. Ashwathamma Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Smt. Ashwathamma Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:719 WP No. 11095 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 11095 OF 2023 (LA-KIADB)

BETWEEN:

SMT. ASHWATHAMMA W/O SRI MUNISHAMAPPA AGED ABOUT 55 YEARS

R/AT MYLAPANAHALLI VILLAGE NANDI HOBLI

CHIKKABALLALPUR DISTRICT-562 101.

SMT. NAGALASHMI W/O SRI SHIVASHANKARAPPA AGED ABOUT 49 YEARS, R/AT JYOTHINAGAR, NELAMANGALA, BENGALURU RURAL DISTRICT-562 101.

…PETITIONERS

(BY SRI. MUNIRAJA M.,ADVOCATE)

Digitally signed by SUMA B N Location: High Court of Karnataka

AND:

THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA

BENGALURU-560 001 REPRESENTED BY ITS SECRETARY.

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, BARTHIYA SCOUTS AND GUIDES BUILDING SHANTHI GRUAH, BESIDES MAHARANIS COLLEGE, BENGALURU-560 009.

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NC: 2025:KHC:719 WP No. 11095 of 2023

SRI. C. BYRAPPA S/O SRI CHIKKAPAPANNA AGED ABOUT 85 YEARS, RESIDING AT BYRADENAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DILSTRICT-562 110.

…RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1; SRI. VASANTH ADVOCATE FOR R2; SRI. K.S. UDAY, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE R-2 THE SPECIAL LAND ACQUISITION OFFICER, KIADB TO CONSIDER THE REPRESENTATION DATED 02.05.2023 SUBMITTED BY THE PETITIONERS WITH REGARD TO NOT TO DISBURSE THE COMPENSATION AMOUNT WITH RESPECT TO LANDS IN SY.NO. 5/2 MEASURING 1 ACRE 3 GUNTAS AND SY.NO. 56/1 MEASURING 20 GUNTAS SITUATED AT BYRADENAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DIST IN FAVOUR OF R-3 AS PER ANNEXURE-A AND ETC.

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

CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

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NC: 2025:KHC:719 WP No. 11095 of 2023

ORAL ORDER

Petitioners are before this Court contending that by virtue of judgment and decree dated 07.02.2023 in O.S.No.297/2010, the Civil Court has held the petitioners to be the owners of the property, bearing Sy.No.5/2, measuring 1 acre and 3 guntas and Sy.No.56/1, measuring 1 acre, situated at Byradenahalli Village, Kundana Hobli, Devenahalli Taluk, Bengaluru Rural Taluk. Despite the same respondent No.3 had filed an application before the respondent-KIADB seeking disbursement of the compensation, constraining the petitioners to file a representation dated 02.05.2023, as per Annexure-A to the respondent-KIADB to consider their representation.

The grievance of the petitioners is that no order has been passed on the said representation. However, the petitioners apprehend that the respondent-KIADB may not consider their representation and may disburse the amount in favour of the respondent No.3. Hence, the petition.

Learned counsel for the respondent-KIADB submits that petition is pre-mature inasmuch as the proceedings are still underway and no orders have been passed. Hence, seeks for dismissal of the petition.

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NC: 2025:KHC:719 WP No. 11095 of 2023

Learned counsel for the respondent No.3 submits that the respondent No.3 is no more. Be that as it is.

Heard and perused the records.

Since the only grievance of the petitioners is nonconsideration of their representation by the respondent-KIADB with regard to their claim over the properties and claim for the disbursement of the compensation and in view of the submission made by the learned counsel for the respondentKIADB that the proceedings are still underway and the representation of the petitioners is still being considered, this Court do not see any reason to interfere in the process.

Petition is disposed of reserving liberty to the petitioners to approach the respondent-KIADB and the respondent-KIADB shall consider the case of the petitioners and dispose of the matter with reasoned order in accordance with law.

Sd/(M.G.S. KAMAL) JUDGE

List No.: 1 Sl No.: 26

RL