Adaveeshaiah. H. S. Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Adaveeshaiah. H. S. Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Direction to respondent No.2 (KIADB) to take into consideration the petitioners' representation dated 29.04.2024 and pass appropriate orders in accordance with law; writ petition disposed of accordingly. The deposit-in-bank direction sought was not granted.

Issue for consideration

Whether respondent No.2 (KIADB) should be directed to deposit the compensation amount in any nationalised bank pending disposal of O.S.No.10002/2023 and O.S.No.752/2023, suits concerning apportionment of compensation for the acquired land among the petitioners and other family members.

Court's answer

The respondent-KIADB shall take into consideration the petitioners' representation dated 29.04.2024 and pass appropriate orders in accordance with the law.

Key takeaways

Observation that, except respondent No.3, the petitioners had not arrayed the other parties to the aforesaid suits as parties to the present writ petition; the Court nonetheless proceeded with the matter.obiter¶¶32

Detailed headnote1 paragraphs

Writ petition under Articles 226 and 227 of the Constitution of India filed by three petitioners (described as son/daughter/son of Late Gangamma) seeking a direction to respondent No.2, KIADB, to deposit land-acquisition compensation in any nationalised bank pending disposal of O.S.No.10002/2023 on the file of the IV Additional District and Sessions Judge, Doddaballapur, and O.S.No.752/2023 on the file of the I Additional Senior Civil Judge and JMFC, Doddaballapur, suits concerning apportionment of the compensation payable by the respondent-authority for land acquired, purportedly belonging to the petitioners and other family members. The Court observed that, except respondent No.3 (a family member), the petitioners had not arrayed the other parties to the suits in the writ petition. Taking note of the petitioners' representation dated 29.04.2024 to KIADB regarding the inter-se dispute, the Court directed KIADB to consider the representation and pass appropriate orders in accordance with law, and disposed of the writ petition accordingly. Counsel's submission that the petitioners could avail the remedy provided under law regarding apportionment of compensation was recorded but formed no part of the Court's direction.

1 -

NC: 2025:KHC:1388 WP No. 23762 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE M.G.S. KAMAL

WRIT PETITION NO. 23762 OF 2024 (LA-KIADB)

BETWEEN:

ADAVEESHAIAH. H. S. S/O LATE GANGAMMA AGED ABOUT 60 YEARS

SMT GOWRAMMA D/O LATE GANGAMMA AGEDA BOUT 70 YEARS

SRI. MRUTHYUNJAYA S/O LATE GANGAMMA AGED ABOUT 50 YEARS

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

ALL ARE R/AT HULIKUNTE VILLAGE DODDABELAVANGALA HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT.

…PETITIONERS

(BY SRI. GIREESHA KODGI., ADVOCATE)

AND:

THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA, DR. AMBEDKAR ROAD BENGALURU 560001

2 -

NC: 2025:KHC:1388 WP No. 23762 of 2024

KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD

SPECIAL LAND ACQUISITION OFFICE OFFICE 2 NO 39, SHANTHI GRUHA BHARAT SCOUTS AND GUIDES BUILDING 4^TH FLOOR, PALACE ROAD BENGALURU 560001 REPRESENTED BY ITS SPECIAL LAND ACQUISITION OFFICER

MR KUMARASWAMY S/O LATE GANGAMMA AGED ABOUT 55 YEARS NO 124, 2^ND CROSS SIR M VISHWESHWARIAH LAYOUT BALYA SHALE ROAD, ULLALU MAIN ROAD BENGALURU 560056

…RESPONDENTS

(BY SRI. HANUMANTHA RAYA LAGALI, AGA FOR R1 SRI. GOPAL V. BILALMANE, ADVOCATE FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO DEPOSIT THE COMPENSATION IN ANY NATIONALIZED BANK PENDING DISPOSAL OF THE OS NO. 10002/2023, ON THE FILE OF IV ADDL. DISTRICT AND SESSIONS JUDGE, DODDABALLAPUR AS PER ANNEXURE-J AND ANOTHER SUIT IN O.S.NO. 752/2023 PENDING ON THE FILE OF I ADDL SENIOR CIVIL JUDGE AND JMFC, DODDABALLAPUR AS PER ANNEXURE-H.

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

3 - NC: 2025:KHC:1388 WP No. 23762 of 2024

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

ORAL ORDER

The petitioners are before this Court seeking a direction to respondent No.2 to deposit the compensation amount in any Nationalised Bank pending disposal of the suit in O.S.No.10002/2023 on the file of IV Additional District and Sessions Judge, Doddaballapur and suit in O.S.No.752/2023 pending on the file of I Additional Senior Civil Judge and JMFC, Doddaballapur.

Except arraying one Kumarswamy- respondent

No.3, the petitioners have not arrayed any other parties to the aforesaid suits as parties to the present petition. Be that as it is. The dispute appears to be with regard to the apportionment of the compensation payable by the respondent –authority in respect of the land acquired by them purportedly belonging to the petitioners and other family members.

4 -

NC: 2025:KHC:1388 WP No. 23762 of 2024

Learned counsel for the respondent-KIADB

submits that petitioners can avail the remedy as provided under law regarding apportionment of compensation.

Learned counsel for the petitioner at this juncture submits that the petitioners have already made a representation dated 29.04.2024, bringing to the notice of the respondent–KIADB, regarding the dispute pending for consideration amongst the family members and submits a direction be issued to the respondent-KIADB to consider the same.

In that view of the matter, the respondent–KIADB shall take into consideration the same and pass

appropriate orders in accordance with the law.

The writ petition is disposed of accordingly.

SKS

List No.: 1 Sl No.: 10