Disposed¶47

Renuka Chinnaiah Poojari v. the Chief Executive Officer and Executive Member

Karnataka HC15 Jan 2025WP/35761/2024

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; WP No. 35761 of 2024 (LA-KIADB); decided 15-01-2025 by M.G.S. Kamal, J. KIADB land acquisition compensation; representation seeking non-disbursement of compensation during pendency of partition suit O.S.No.116/2021 (II Addl. Senior Civil Judge and ACJM, Udupi); impugned SLA order dated 22.04.2024 (Annexure-A) declining representation; second representation 06.05.2024 (Annexure-G); KIADB submitted compensation already disbursed, nothing survives; writ petition disposed of with liberty to seek available remedies; no merits adjudication; no costs; no quantum stated.

What did the court decide?

No substantive relief; liberty reserved to the petitioners to seek such remedy as may be available under law. ¶47

Renuka Chinnaiah Poojari Vs the Chief Executive… — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:1385 WP No. 35761 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF JANUARY, 2025

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BEFORE

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

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WRIT PETITION NO. 35761 OF 2024 (LA-KIADB)

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BETWEEN:

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RENUKA CHINNAIAH POOJARI

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D/O LATE SUSHEELA BANGERA AGED ABOUT 59 YEARS R/AT BAIL HOUSE, VISHNUMURTHY TEMPLE ROAD KORANGARAPADI, UDUPI DISTRICT PIN - 574 118

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

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REPRESENTED BY GPA HOLDER RATNAKARA BANGERA SON OF LATE SUSHEELA AGED ABOUT 55 YEARS RESIDING AT BAILU HOUSE VISHNUMURTHI TEMPLE ROAD, KORANGARAPADI, UDUPI TALUK UDUPI DISTRICT - 574 118

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VANAJA SUVARNA

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D/O LATE SINDHU POOJARI AGED ABOUT 78 YEARS, R/AT BAILA CHINDHU HOUSE DOOPATHEKATTE, SAANOOR VILLAGE SAANOOR KARKALA TALUK, UDUPI DISTRICT - 574 114

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REP BY GPA HOLDER SMT. VARIJA BANGERA D/O LATE SINDHU POOJARI AGED ABOUT 69 YEARS R/AT BAILA CHINDHU HOUSE

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NC: 2025:KHC:1385 WP No. 35761 of 2024

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DOOPATHEKATTE, SAANOOR VILLAGE, SAANOOR, KARKALA TALUK UDUPI DISTRICT - 574 114

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…PETITIONERS

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(BY SRI. SANDESH KUMAR M., ADVOCATE)

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AND:

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THE CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (KIADB) NO.49, 4^TH AND 5^TH FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU - 560 001.

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SPECIAL LAND ACQUISITION OFFICER KIADB, BAIKAMPADI, MANGALORE - 575 011.

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…RESPONDENTS

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(BY SRI. P.V. CHANDRASHEKAR, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS PERTAINING TO THE ORDER PASSED BY THE SECOND RESPONDENT NO. KA.SAM. LAQ-SR3/18-19 ISPRL/30 DATED 22/04/2024 (VIDE ANN-A). B) QUASH THE IMPUGNED ORDER DATED 22/04/2024 NO. KA.SAM.LAQSR3/18-19 ISPRL.30 VIDE ANN-A.

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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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The petitioners are before this Court seeking

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following reliefs:

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NC: 2025:KHC:1385 WP No. 35761 of 2024

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i. Call for records pertaining to the order passed by the second respondent No.Ka.sam.LAQSR3/18-19ISPRL/30 dated 22.04.2024 (vide Annexure-4)

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ii. Issue writ of certiorari to quashing the impugned order dated 22.04.2024 No.Ka.sam.LAQ-SR3/18-19ISPRL/30 vide Annexure-A.

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iii. Issue other writ or order as this Hon'ble Court deems fit to be granted in the facts and circumstances of the case including costs of this proceedings by allowing this writ petition in the interest of justice and equity.

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It is the case of the petitioners that a suit in O.S.No.116/2021 for partition filed by them, in respect of the properties which have been acquired by the respondent – KIADB is pending consideration on the file of II Additional Senior Civil Judge and ACJM, Udupi.

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That a representation dated 27.03.2021 was made by the petitioners herein requesting the respondent KIADB not to disburse the compensation. However, the respondent – KIADB, has passed the order dated 22.04.2024 as per Annexure-A, declining to consider the

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4 - NC: 2025:KHC:1385 WP No. 35761 of 2024

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representation as made by the petitioners. Thereafter, the petitioners have made yet another representation dated

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06.05.2024 before the respondent – KIADB, as per Annexure-G through his counsel, which has not been considered yet. Hence, the writ petition.

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Learned counsel for the respondent –KIADB submits that the compensation amount has already been disbursed, as such nothing survives for consideration in this matter.

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