Dismissed¶¶80

Smt. Gowramma v. the Special Land Acquisition Officer and Competent Authority

Karnataka HC28 Oct 2025WP/13763/2025

Case brief

AI extract

What is this about?

Karnataka High Court 2025; WP 13763/2025 (LA-RES); K.S. Hemalekha J.; writ petition dismissed; mandamus to restore Civil Miscellaneous No.51/2019 refused; Section 3H(4) NH Act reference; NHAI land acquisition compensation; rival claimants inter se entitlement; Sy.Nos.294/2 and 295/2; impleadment through GPA holder allowed; claim statements by respondent Nos.7 and 8; O.S.No.2244/2007 partition suit pending; entitlement determination conditional on suit outcome; Articles 226 and 227 Constitution of India.

What did the court decide?

None ¶¶80

Smt. Gowramma Vs the Special Land Acquisition… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

None

¶¶80

Issue for consideration

Whether the trial Court's dismissal of Civil Miscellaneous No.51/2019 without hearing the petitioners (impleaded rival claimants) warranted interference, and whether a mandamus/direction should issue to the trial Court to forthwith restore Civil Miscellaneous No.51/2019.

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Court's answer

The petitioners have not made out any valid ground to interfere with the trial Court's order dismissing Civil Miscellaneous No.51/2019; accordingly, the writ petition is dismissed as devoid of merits.

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Key takeaways

The proceedings in Civil Miscellaneous No.51/2019, being a reference under Section 3H(4) of the NH Act, were a limited enquiry before the Civil Court to decide inter se entitlement among rival claimants to the compensation amount, without entering into the question of ownership or title.obiter¶¶68
It is made clear that the determination of entitlement to compensation shall be subject to the final outcome of the pending Civil Suit in O.S.No.2244/2007.obiter¶¶82

Detailed headnote1 paragraphs

High Court of Karnataka, Bengaluru (K.S. Hemalekha J.; Oral Order dated 28-10-2025) — W.P. No.13763 of 2025 (LA-RES) under Articles 226 and 227 of the Constitution of India, dismissed. The petitioners, impleaded rival claimants (through their GPA holder) in Civil Miscellaneous No.51/2019 — a reference under Section 3H(4) of the National Highway Authority Act, 1956 instituted by respondent No.1, the Special Land Acquisition Officer/Competent Authority, NHAI, to determine which claimant is entitled to compensation for acquired properties Sy.Nos.294/2 and 295/2 — sought a mandamus directing the IX Additional District and Sessions Judge, Bengaluru Rural District, to forthwith restore the miscellaneous proceedings dismissed by the trial Court's order dated 15.01.2025 (Annexure-A). Holding: the reference under Section 3H(4) NH Act is a limited enquiry confined to inter se entitlement among rival claimants without entering into ownership/title; the petitioners made out no valid ground to interfere with the dismissal; writ petition dismissed as devoid of merits. Clarification: determination of entitlement to compensation shall be subject to the final outcome of the pending partition suit O.S.No.2244/2007 between the parties.

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1 - NC: 2025:KHC:42916 WP No. 13763 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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WRIT PETITION NO.13763 OF 2025 (LA-RES)

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BETWEEN:

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SMT. GOWRAMMA D/O. RAMAKKA W/O. SRI NARAYANASWAMY AGED ABOUT 58 YEARS,

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SMT. MUNIYAMMA D/O. RAMAKKA W/O. VENKATARAYANA AGED ABOUT 56 YEARS,

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SMT. SHANTHA D/O. RAMAKKA W/O. SRI KESHAVA MURTHY AGED ABOUT 53 YEARS,

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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RESIDING AT NO.L-17, II A MAIN ROAD, HSR LAYOUT SECTOR, BENGALURU-560 102.

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SMT. NAGAMMA D/O. RAMAKKA W/O. VENKATESH AGED ABOUT 43 YEARS,

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SRI NARAYANA S/O. RAMAKKA AGED ABOUT 45 YEARS,

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SMT. RAJESHWARI W/O. LATE MUNIRAJU AGED ABOUT 52 YEARS,

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2 - NC: 2025:KHC:42916 WP No. 13763 of 2025

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HC-KAR

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SRI ARUN S/O. LATE MUNIRAJU AGED ABOUT 35 YEARS,

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SRI SURESH S/O. LATE MUNIRAJU, AGED ABOUT 32 YEARS,

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SMT. LAKSHMI D/O. LATE MUNIRAJU, AGED ABOUT 32 YEARS,

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SMT. NETRAVATHI D/O. LATE MUNIRAJU, AGED ABOUT 31 YEARS,

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RESPONDENT NOS.1 TO 10 ARE REP. BY SPA HOLDER KESHAVAMURTHY, AGED ABOUT 66 YEARS, RESIDING AT NO.462, KESHAVA TOWER, 25^TH MAIN, II STAGE, I PHASE, B.T.M.LAYOUT, BENGALURU-560 076.

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…PETITIONERS

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(BY SRI RAMESH R., ADVOCATE FOR SRI V.B. SHIVA KUMAR, ADVOCATE)

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AND:

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THE SPECIAL LAND ACQUISITION OFFICER & COMPETENT AUTHORITY NH-209, NATIONAL HIGHWAYS AUTHORITY OF INDIA (CENTRAL) & MALAVALLI, MANDYA DISTRICT-571430.

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SMT. MUNIPAPAMMA D/O. LATE B.V. RAMANNA AGED ABOUT 75 YEARS, RESIDING AT K.R.S. AGRAHARA KUNIGAL TOWN, KUNIGAL, TUMKURU-572 130.

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3 - NC: 2025:KHC:42916 WP No. 13763 of 2025

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HC-KAR

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SMT. MUNIRATNA D/O. LATE AMBARISHA AGED ABOUT 74 YEARS, RESIDING AT PARAPPANA AGRAHARA, BENGALURU-560 011.

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SMT. MUNILAKSHMI D/O. SRINIVASA AGED ABOUT 71 YEARS, RESIDING AT BAIRASANDRA, JAYANAGARA 3^RD BLOCK, BENGALURU-560 011.

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SRI KRISHNA REDDY S/O. GOLURU SUBBAREDDY AGED ABOUT 70 YEARS, RESIDING AT KAGGALIPURA VILLAGE, UTTARAHALLI-2 HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560 082.

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SRI ABBAIAH S/O. GOLURU SUBBAREDDY AGED ABOUT 68 YEARS, RESIDING AT KAGGALIPURA VILLAGE, UTTARAHALLI-2 HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560 082.

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SRI NAGESHA S/O. ABBAIAH AGED ABOUT 69 YEARS, RESIDING AT KAGGALIPURA VILLAGE, UTTARAHALLI-2 HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560 082.

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SRI MUNIKRISHNA SINCE DEAD BY HIS Lrs.

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SMT. LALITHAMMA W/O. LATE MUNIKRISHNAPPA,

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4 - NC: 2025:KHC:42916 WP No. 13763 of 2025

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HC-KAR

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AGED ABOUT 72 YEARS, RESIDING AT KAGGALIPURA VILLAGE, UTTARAHALLI-2 HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560 082.

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SRI MUNESH S/O. LATE MUNIKRISHNAPPA, AGED ABOUT 50 YEARS, RESIDING AT KAGGALIPURA VILLAGE, UTTARAHALLI-2 HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560 082.

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SRI MUNINARAYANA S/O. ABBAIAH AGED ABOUT 66 YEARS, RESIDING AT KAGGALIPURA VILLAGE, UTTARAHALLI-2 HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560 082.

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SMT. DODDACHINNAMMA W/O. LATE THIMMAIAH, D/O. LATE ERAIAH @ GULERAIAH, AGED ABOUT 82 YEARS, RESIDING AT VADARADODDI VILLAGE, NIDAGATTA POST, ATHAKURU HOBLI, MADDUR TALUK, MANDYA DISTRICT-571430.

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SMT. THIMAKKA W/O. GURUMURTHY D/O. LATE ERAIAH @ GULERAIAH, AGED ABOUT 76 YEARS, RESIDING AT NO.6, NEAR YELLAMMA TEMPLE, VASADEVAPURA VILLAGE, THARALU, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560082.

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5 - NC: 2025:KHC:42916 WP No. 13763 of 2025

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HC-KAR

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SRI CHINNAPPA S/O. LATE ERAIAH @ GULERAIAH, AGED ABOUT 80 YEARS, RESIDING AT NO.6, NEAR YELLAMMA TEMPLE, VASADEVAPURA VILLAGE, THARALU, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560082.

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ABBAIAH SINCE DECEASED BY HIS Lrs.

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SMT. LAKSHMAMMA W/O. LATE ABBAIAH, AGED ABOUT 72 YEARS, RESIDING AT NO.6, NEAR YELLAMMA TEMPLE, VASADEVAPURA VILLAGE, THARALU, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560082.

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KUMARI

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D/O. LATE ABBAIAH, AGED ABOUT 50 YEARS, RESIDING AT NO.6, NEAR YELLAMMA TEMPLE, VASADEVAPURA VILLAGE, THARALU, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560082.

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MANJULA

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D/O. LATE ABBAIAH, AGED ABOUT 46 YEARS, RESIDING AT NO.6, NEAR YELLAMMA TEMPLE, VASADEVAPURA VILLAGE, THARALU, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560082.

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6 - NC: 2025:KHC:42916 WP No. 13763 of 2025

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HC-KAR

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SHILPA S/O. LATE YOGESH DAUGHTER-IN-LAW OF LATE ABBAIAH, AGED ABOUT 38 YEARS, RESIDING AT NO.6, NEAR YELLAMMA TEMPLE, VASADEVAPURA VILLAGE, THARALU, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560082.

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SRI A. NAGESH S/O. LATE ABBAIAH, AGED ABOUT 38 YEARS, RESIDING AT NO.6, NEAR YELLAMMA TEMPLE, VASADEVAPURA VILLAGE, THARALU, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560082.

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…RESPONDENTS

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(BY SRI SAINATH D.M., ADVOCATE FOR R-1)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE IX ADDL DISTRICT AND SESSIONS JUDGE,BENGALURU RURAL DISTRICT, BENGALURU TO FORTHWITH RESTORE THE MISC.NO.51-2019 DISMISSED BY ITS ORDER DATED 15.01.2025 WHICH IS AT ANNEXURE-A.

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

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CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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¶64

NC: 2025:KHC:42916 WP No. 13763 of 2025

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HC-KAR

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ORAL ORDER

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Heard learned counsel for the petitioners and learned counsel for respondent No.1.

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The petitioners were arrayed as respondent Nos.13 to 21 in Civil Miscellaneous No.51/2019 filed by respondent No.1-Land Acquisition Officer, National Highways Authority of India, for determining the person who is entitled to the compensation for the acquisition of the scheduled property bearing Sy.Nos.294/2 and 295/2 after conducting due enquiry. The said proceedings being a reference under Section 3H(4) of the National Highway Authority Act, 1956 (‘NH Act’ for short), is a limited enquires before the Civil Court to decide inter se entitlement among rival claimants to the compensation amount, without entering into the question of the ownership or title.

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Respondent No.8 filed a claim statement on

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11.04.2024 in Civil Miscellaneous No.51/2019. Likewise,

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8 - NC: 2025:KHC:42916 WP No. 13763 of 2025

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HC-KAR

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respondent No.7 filed his claim statement on 10.02.2023 and led evidence in support of his claim. The petitioners, represented by their GPA holder filed an application seeking impleadment. The said application came to be allowed.

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Subsequently, the trial Court, by its order dated 15.01.2025, dismissed the petition filed by respondent No.1 under Section 3H(4) of the NH Act.

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Aggrieved by the said order, the petitioners have approached this Court seeking a mandamus/direction to the trial Court to forthwith restore Civil Miscellaneous No.51/2019, which came to be dismissed by order dated 15.01.2025.

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The petitioners have urged several grounds in support of the writ petition, contending inter alia that they were entitled to be heard before dismissal of Civil Miscellaneous No.51/2019. From the material on record, it is evident that a Civil Suit in O.S.No.2244/2007 between

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9 - NC: 2025:KHC:42916 WP No. 13763 of 2025

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HC-KAR

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the parties for partition and separate possession of the very properties is pending adjudication before the Competent Civil Court.

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Upon consideration of the submissions and perusal of the records, this Court finds that the petitioners have not made out any valid ground to interfere with the order of the trial Court, dismissing Civil Miscellaneous No.51/2019. Accordingly, the writ petition is dismissed as devoid of merits .

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However, it is made clear that the

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determination of entitlement to compensation shall be subject to the final outcome of the aforesaid Civil Suit in O.S.No.2244/2007, which is pending adjudication.

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Sd/-

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_____________________ JUSTICE K.S. HEMALEKHA

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¶86

List No.: 1 Sl No.: 6

Parties & counsel

AI extract

petitioner
SMT. GOWRAMMA D/O. RAMAKKA W/O. SRI NARAYANASWAMY (Petitioner No.1)¶¶9
Sri Ramesh R., Sri V.B. Shiva Kumar
petitioner
SMT. MUNIYAMMA D/O. RAMAKKA W/O. VENKATARAYANA (Petitioner No.2)¶¶10
Sri Ramesh R., Sri V.B. Shiva Kumar
petitioner
SMT. SHANTHA D/O. RAMAKKA W/O. SRI KESHAVA MURTHY (Petitioner No.3)¶¶11
Sri Ramesh R., Sri V.B. Shiva Kumar
petitioner
SMT. NAGAMMA D/O. RAMAKKA W/O. VENKATESH (Petitioner No.4)¶¶14
Sri Ramesh R., Sri V.B. Shiva Kumar
petitioner
SRI NARAYANA S/O. RAMAKKA (Petitioner No.5)¶¶15
Sri Ramesh R., Sri V.B. Shiva Kumar
petitioner
SMT. RAJESHWARI W/O. LATE MUNIRAJU (Petitioner No.6)¶¶16
Sri Ramesh R., Sri V.B. Shiva Kumar
petitioner
SRI ARUN S/O. LATE MUNIRAJU (Petitioner No.7)¶¶19
Sri Ramesh R., Sri V.B. Shiva Kumar
petitioner
SRI SURESH S/O. LATE MUNIRAJU (Petitioner No.8)¶¶20
Sri Ramesh R., Sri V.B. Shiva Kumar
petitioner
SMT. LAKSHMI D/O. LATE MUNIRAJU (Petitioner No.9)¶¶21
Sri Ramesh R., Sri V.B. Shiva Kumar
petitioner
SMT. NETRAVATHI D/O. LATE MUNIRAJU (Petitioner No.10)¶¶22
Sri Ramesh R., Sri V.B. Shiva Kumar
other
Sri Keshavamurthy (SPA holder representing Petitioners Nos.1-10)¶¶23
respondent
THE SPECIAL LAND ACQUISITION OFFICER & COMPETENT AUTHORITY NH-209, NATIONAL HIGHWAYS AUTHORITY OF INDIA (CENTRAL) & MALAVALLI (Respondent No.1)¶¶27
Sri Sainath D.M.
respondent
SMT. MUNIPAPAMMA D/O. LATE B.V. RAMANNA (Respondent No.2)¶¶28
respondent
SMT. MUNIRATNA D/O. LATE AMBARISHA (Respondent No.3)¶¶31
respondent
SMT. MUNILAKSHMI D/O. SRINIVASA (Respondent No.4)¶¶32
respondent
SRI KRISHNA REDDY S/O. GOLURU SUBBAREDDY (Respondent No.5)¶¶33
respondent
SRI ABBAIAH S/O. GOLURU SUBBAREDDY (Respondent No.6)¶¶34
respondent
SRI NAGESHA S/O. ABBAIAH (Respondent No.7)¶¶35
respondent
SMT. LALITHAMMA W/O. LATE MUNIKRISHNAPPA (Respondent No.8)¶¶37
respondent
SRI MUNESH S/O. LATE MUNIKRISHNAPPA (Respondent No.9)¶¶41
respondent
SRI MUNINARAYANA S/O. ABBAIAH (Respondent No.10)¶¶42
respondent
SMT. DODDACHINNAMMA W/O. LATE THIMMAIAH, D/O. LATE ERAIAH @ GULERAIAH (Respondent No.11)¶¶43
respondent
SMT. THIMAKKA W/O. GURUMURTHY D/O. LATE ERAIAH @ GULERAIAH (Respondent No.12)¶¶44
respondent
SRI CHINAPPA S/O. LATE ERAIAH @ GULERAIAH (Respondent No.13)¶¶47
respondent
SMT. LAKSHMAMMA W/O. LATE ABBAIAH (Respondent No.14; L.R. of deceased Abbaiah)¶¶49
respondent
KUMARI (Respondent No.15; given name not legible in source) D/O. LATE ABBAIAH¶¶51
respondent
MANJULA D/O. LATE ABBAIAH (Respondent No.16)¶¶53
respondent
SHILPA (daughter-in-law of Late Abbaiah) (Respondent No.17)¶¶56
respondent
SRI A. NAGESH S/O. LATE ABBAIAH (Respondent No.18)¶¶57

Coram

AI extract

Hon'ble Mrs. Justice K.S. Hemalekhaauthor¶¶62

Smt. Gowramma v. the Special Land Acquisition Officer and Competent Authority

Case brief

What is this about?

What did the court decide?

Smt. Gowramma v. the Special Land Acquisition Officer and Competent Authority

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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