M/S Bagmane Developers Pvt. Ltd. Vs the State of Karnataka

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NC: 2025:KHC:3517 WP No. 26132 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 26132 OF 2022 (LA-KIADB)

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BETWEEN:

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M/s.BAGMANE DEVELOPERS PVT LTD., (PREVIOUSLY KNOWN AS BAGMANE PROPERTIES PVT LTD.,) A COMPANY INCORPORATED UNDER COMPANIES ACT 1956, AND OTHER ALLIED ACTS AND HAVING REGISTERED OFFICE AT "LAKE VIEW BUILDING", NO.66/1, "A" BLOCK, 8^TH FLOOR BAGMANE TECHPARK C V RAMAN NAGAR BANGALORE-560 093 REPRESENTED BY

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MR D.V. RAMAKRISHNA DIRECTOR.

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…PETITIONER

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(BY SRI. D.L. JAGADEESH, SENIOR COUNSEL FOR SMT. RAKSHITHA D J.,ADVOCATE)

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

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AND:

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THE STATE OF KARNATAKA DEPARARTMENT OF COMMERCE AND INDUSTRIES VIDHANA SOUDHA BANGALORE - 560 001 REPRSENTED BY ITS SECRETARY.

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THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD MAHARSHI ARAVIND BHAVAN 1^ST FLOOR, NRUPATHUNGA ROAD BANGALORE-560 001. REPRESENTED BY EXECUTIVE OFFICER AND EXECUTIVE MEMBER.

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NC: 2025:KHC:3517 WP No. 26132 of 2022

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THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD MAHARSHI ARAVIND BHAVAN 1^ST FLOOR NRUPATHUNGA ROAD BANGALORE-560 001 REPRESENTED BY ITS SPECIAL LAND ACQUISITION OFFICEDR-1 METRO RAIL PROJECT.

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BANGALORE METRO RAIL CORPORATION LTD 3^RD FLOOR, K H ROAD, SHANTI NAGAR BANGALORE- 560 027 REPRESENTED BY ITS MANAGING DIRECTOR.

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SRI C R DEVENDRA S/O LATE SRI C RAMAKRISHNAPPA AGED ABOUT 60 YEARS

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SMT ANJALI GEETHA SUKLA W/O SRI VISHNU SHANKAR AGED ABOUT 62 YEARS

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SRI VISHNU SHANKAR FATHER NAME NOT KNOWN AGED MAJOR

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RESPONDENTS 5 TO 7 ARE R/AT NO.41, 2^ND CROSS, KUMARA PARK WEST, BENGALURU-560 020.

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…RESPONDENTS

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(BY SMT. B. SUKANYA BALIGA., AGA FO R1; SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2 & R3; SRI. K. KRISHNA, ADVOCATE FOR R4; SRI. ARUNA SHYAM SENIOR COUNSEL FOR SRI. TIMMAPPA NAIK, ADVOCATE FOR R5 AND R7)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ENDORSEMENT

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NC: 2025:KHC:3517 WP No. 26132 of 2022

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BEARING NO. KIADB/METRO/BHUSWA/ARP-TRI-3A, 3B, 4/2019-20 DATED 23.08.2019 ISSUED BY THE SPECIAL LAND ACQUISITION OFFICER-1, AND NOTICE DATED 16.09.2019, VIDE BEARING NO.BMRCL/BVHUSWA/BMUL/AIRP/2019-20 ISSUED BY THE MANAGING DIRECTOR, BMRCL VIDE ANNEXURE-A AND A1 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 M.G.S. KAMAL

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ORAL ORDER

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Petitioner-company is before this Court seeking following

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reliefs:

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a) Issue a writ of Certiorari quashing the Endorsement bearing No.KIADB/Metro/Bhuswa/ARP-TRI-3A, 3B, 4/2019-20 dated 23.08.2019 issued by the Special Land Acquisition Officer-1, and notice dated 16.09.2019, vide bearing No. BMRCL/BHUSWA/BMUL/AIRP/2019-20 issued by the Managing Director, BMRCL vide Annexure-A and A1.

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b) Issue a writ of Mandamus directing the Respondent No.1 to 4 to strictly follow the provisions of Section 30 and 31 of Land Acquisition Act, 1894 in order to determine as to who is entitled to receive the compensation amount in respect of the schedule properties.

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c) Issue a writ of Mandamus directing the Respondent No.1 to 4 to consider the representation dated 21.11.2022 vide Annexure-K.

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NC: 2025:KHC:3517 WP No. 26132 of 2022

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It appears there is a private dispute between the petitioner company as well as private respondents 5 and 7 arising out of a Memorandum of Understanding dated 19.01.2010 produced at Annexure-C to the writ petition which was entered into between them for the purpose of development of the land. Clause No.24 of the said agreement providing for dispute resolution reads as under:

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"24. DISPUTE RESOLUTION : All questions, issues or disputes arising out of and connected with this agreement shall, in the first instance, be resolved by mutual consultation and discussions between the First Party and the Second Party. If such resolution is not arrived at, all such issues, disputes or questions shall be referred to conciliation under the provisions of the Arbitration and Conciliation Act, 1996 and upon its failure the conciliator be entitled to arbitrate as the Sole Arbitrator. The place of arbitration shall be Bangalore. The language shall be English and the costs of arbitration shall be borne by the person against whom any order or award may be passed by the Arbitrator/s, Notwithstanding the aforesaid each of the parties shall be entitled to injunctive relief. Both parties agree that Courts in Bangalore City alone shall have exclusive jurisdiction."

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Learned Senior counsel for private respondents submits that in view of the aforesaid clause providing for resolution of dispute, petitioner be granted permission to withdraw the petition with liberty to pursue such remedy as

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