Smt. Bharathi Devi Vs the Government of Karnataka

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO DEPOSIT THE ENTIRE AMOUNT OF COMPENSATION PAYABLE FOR THE LAND BEARING SY.NO. 114 AND SY.NO. 73/1, SY.NO. 72/1 SITUATED AT KONAGHATTA VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUKA AND DISTRICT, IN O.S.NO. 516/2023 PENDING BEFORE THE I ADDL. SENIOR CIVIL JUDGE AND JMFC, DODDABALLAPURA BANGALORE RURAL UNDER ANNX-A TO THE WRIT PETITION.

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

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NC: 2025:KHC:3478 WP No. 24262 of 2024

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

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ORAL ORDER

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Mother of petitioner Nos.1 and 2 namely

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Smt. Nagamma, petitioner No.3 namely Smt.Kanakamma and mother of petitioner Nos.4 and 5 namely Smt.Sharadamma, are sisters of respondent No.3.

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Thus the aforesaid sisters of respondent No.3 clamed to be the owners of lands in Sy.No.114 measuring 6 acres 16 guntas, Sy.No.73/1 measuring 12 guntas, Sy.No.72/1 measuring 1 acre 28 guntas situated in Konaghatta village, Kasaba Hobli, Doddaballapura Taluk, Bengaluru Rural Distruct.

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Suit in O.S.No.516/2023 is pending consideration on the file of the Additional Senior Civil Judge and J.M.F.C., Doddaballapura, Bangalore Rural District, for relief of partition filed by the petitioners herein against respondent No.3 in respect of the aforesaid lands as well as other family properties. It appears that the respondent - KIADB vide final notification dated 27.02.2023 has acquired the aforesaid lands

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NC: 2025:KHC:3478 WP No. 24262 of 2024

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and the award proceedings are still on. It is at this juncture,

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the petitioners have approached this Court seeking following reliefs:

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"i) Issue a writ in the nature of Mandamus, directing the 2^nd Respondent to deposit the entire amount of compensation payable for the land bearing Sy.No.114 and Sy.No.73/1, Sy.No.72/1, situated at Konaghatta village, Kasaba Hobli, Doddaballapura Taluk and District, in O.S.No.516/2023 pending before the I Addl. Senior Civil Judge and JMFC, Doddaballapura, Bangalore Rural, under Annexure-A to the writ petition, and

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ii) Grant any other writ, order or direction as his Hon'ble Court deems fit to grant to the Petitioners in the circumstances of the case."

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It is submitted across the bar that the petitioners

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who are the plaintiffs in the said suit in O.S.No.516/2023 have already impleaded respondent - KIADB as defendant No.8 and have also filed an application before the Civil Court seeking direction for deposit of the amount that may be determined by the respondent - KIADB in the award to be passed.

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Apprehending respondent - KIADB releasing the

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amount exclusively in favour of respondent No.3, the petitioners are before this Court.

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NC: 2025:KHC:3478 WP No. 24262 of 2024

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6. After arguing the matter, the learned counsel for

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the petitioners, the learned counsel for respondent - KIADB and the learned counsel for respondent No.3 submit in unison that if a direction is issued to the respondent - KIADB to deposit the award amount as and when it is passed before the Civil Court where the suit in O.S.No.516/2023 is pending consideration or in accordance with law as the case may be, the purpose of the petition would be served.

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It is submitted that the parties be given liberty to

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stake their claim after conclusion of the suit either through settlement or by determination as the case may be.

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The submission is taken on record.

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9. The writ petition is disposed of , as under:

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The respondent - KIADB to deposit the amount that may

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be determined and payable in respect of the land belonging to the petitioners and respondent No.3, which is acquired as noted above, in the award proceeding which is pending consideration, before the Civil Court in which the suit in O.S.No.516/2023 is

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NC: 2025:KHC:3478 WP No. 24262 of 2024

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pending consideration or as provided under the law, as the case may be.

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The petitioners and respondent No.3 are at liberty to seek release of the amount, subject to determination of their rights either through amicable resolution of the dispute or after determination of the same, in accordance with law.

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

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KG List No.: 1 Sl No.: 9

Smt. Bharathi Devi v. the Government of Karnataka

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Smt. Bharathi Devi v. the Government of Karnataka

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