Sri Muniyappa v. the State of Karnataka

Karnataka HC7 Jan 2025WP/35862/2024

Case brief

AI extract

What is this about?

KIADB general award; Special Land Acquisition Officer-2; mandamus; Articles 226 and 227; Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; writ petition disposed of as infructuous; award already passed and compensation disbursed; liberty to seek remedies; Haraluru Village, Channarayapatna Hobli, Devanahalli Taluk, Bengaluru Rural District; Sy.No.32/2 / New No.70, 0.30 guntas; O.S.No.221/2020; Deputy Commissioner appeal; NC: 2025:KHC:201; M.G.S. Kamal; Karnataka HC, 7 January 2025.

What did the court decide?

Liberty to the petitioner to seek such remedy as may be available under law. ¶after ¶34

Sri Muniyappa Vs the State of Karnataka — Land Acquisition | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Liberty to the petitioner to seek such remedy as may be available under law.

¶after ¶34

Issue for consideration

Whether a writ of mandamus should be issued directing Respondent No.2, Special Land Acquisition Officer-2, KIADB, to pass a general award under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in respect of land bearing Sy.No.32/2 (Old No.), New No.70, measuring 0.30 guntas at Haraluru Village, Channarayapatna Hobli, Devanahalli Taluk, Bengaluru Rural District, and deposit the award amount before the jurisdictional Civil Court.

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Court's answer

Since the award had already been passed and the compensation amount disbursed by Respondent No.2, the relief sought in the writ petition had become infructuous; the writ petition is accordingly disposed of as having become infructuous.

¶after ¶34

Ratio / Principle

Notwithstanding the award having been passed and disbursed, the petitioner is granted liberty to seek such remedy as may be available under law.

¶after ¶34

Detailed headnote1 paragraphs

Writ Petition (LA-KIADB) No. 35862 of 2024, High Court of Karnataka (Bengaluru), decided 7 January 2025, M.G.S. Kamal, J. — Petitioner sought a writ of mandamus directing Respondent No.2, Special Land Acquisition Officer-2, KIADB, to pass a general award under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for land bearing Old Sy.No.32/2, New Sy.No.70, measuring 0.30 guntas at Haraluru Village, Channarayapatna Hobli, Devanahalli Taluk, Bengaluru Rural District, and to deposit the award amount before the jurisdictional Civil Court. Learned counsel for KIADB stated on instructions that the award had already been passed and the compensation amount disbursed; petitioner's counsel did not dispute this and sought liberty to pursue available remedies. The Court took the submission on record and disposed of the writ petition as having become infructuous, with liberty as sought. Procedural background noted: civil suit O.S.No.221/2020 against Respondent No.3 dismissed (miscellaneous petition filed), and an appeal pending before the Deputy Commissioner. No precedent was cited and no quantum was awarded in this order.

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NC: 2025:KHC:201 WP No. 35862 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^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. 35862 OF 2024 (LA-KIADB)

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BETWEEN:

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SRI. MUNIYAPPA @ ITTASANDRA MUNIYAPPA, S/O LATE MUNISHAMAPPA AGED ABOUT 94 YEARS, RESIDING AT CHIKKAHOSAHALLI VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK - 562 110, BENGALURU RURAL DISTRICT.

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…PETITIONER

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(BY SRI. BHADRINATH.R, ADVOCATE)

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AND:

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

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THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001.

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THE SPECIAL LAND ACQUISITION OFFICER - 2 KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, MAHARSHI ARAVIDA BHAVAN, NRUPATHUNGA ROAD, BENGALURU - 560 001.

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SRI. NARASIMHAIAH S/O. CHIKKAKAIYYONU @ CHIKKAMUNIGA,

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NC: 2025:KHC:201 WP No. 35862 of 2024

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AGED ABOUT 58 YEARS, RESIDING AT HARALURU VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK - 562 110, BENGALURU RURAL DISTRICT.

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…RESPONDENTS

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(BY SRI. SPOORTHY HEGDE.N, HCGP FOR R1; SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF MANDAMUS, DIRECTING THE RESPONDENT NO.2/THE SPECIAL LAND ACQUISITION OFFICER-2, BANGALORE AND BANGALORE RURAL DISTRICT, KARNATAKA INDUSTRIAL AREA, DEVELOPMENT BOARD, NO.14/3, I FLOOR, MAHARSHI ARAVINDA BHAVAN, NRUPATHUNGA ROAD, BENGALURU-560 001 TO PASS GENERAL AWARD IN RESPECT OF THE LAND BEARING OLD SY.NO.32/2, NEW SY.NO.70, MEASURING 0.30 GUNTAS SITUATED AT HARALURU VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT UNDER THE PROVISIONS OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION. REHABILITATION RESETTLEMENT ACT, 2013, IN THE INTEREST OF JUSTICE AND EQUITY 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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NC: 2025:KHC:201 WP No. 35862 of 2024

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ORAL ORDER

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The present petition is filed by the petitioner seeking direction to respondent No.2-Special Land Acquisition Officer to pass general award in respect of the land bearing Sy.No.32/2, New No.70, measuring 0.30 guntas of Haraluru Village, Channarayapatna Hobli, Devanahalli Taluk, Bengaluru Rural District, under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and to deposit the award amount before the jurisdictional Civil Court.

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Learned counsel for the petitioner submits that the petitioner had earlier filed a civil suit in O.S.No.221/2020 against respondent No.3 and the said suit has been dismissed

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and as against the same, he has filed the miscellaneous petition. He further submits that, an appeal has been filed before the Deputy Commissioner and the same is also pending consideration.

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Learned counsel for the KIADB on instructions submits that, award had already been passed and the compensation amount has also been disbursed. In that view of

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NC: 2025:KHC:201 WP No. 35862 of 2024

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the matter, the relief sought for in the writ petition has become infructuous.

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Learned counsel for the petitioner does not dispute the same. However, he submits that notwithstanding the award having been passed and the same having been disbursed, the petitioner be granted liberty to seek such remedy as may be available under law.

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5. Submission is taken on record.

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Accordingly, writ petition is disposed of as having

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become infructuous with liberty as sought for.

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

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PK List No.: 1 Sl No.: 15

Sri Muniyappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Muniyappa v. the State of Karnataka

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

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