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Nataraju M Kasetty Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

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Karnataka HC
2025
Nataraju M Kasetty Vs State of KarnatakaNataraju M Kasetty v. State of Karnataka

Dismissed¶35

Nataraju M Kasetty v. State of Karnataka

Karnataka HC4 Mar 2025WP/47763/2017

Case brief

AI extract

What is this about?

High Court of Karnataka, Bengaluru; Suraj Govindaraj J.; WP No. 47763 of 2017 (GM-RES); order dated 04.03.2025; petition dismissed as withdrawn on memo dated 04.03.2025; mandamus sought against Respondents 1 to 6 (State of Karnataka, PWD/KSHAI officials, Deputy Commissioner and Assistant Commissioner, Shivamogga) for deposit of entire compensation for Khatha No.188/186/175, B.H. Road, Shivamogga, in O.S. No.290/1999 (I Addl. Senior Civil Judge and CJM, Shivamogga); inter-se dispute between petitioner Nataraju M Kasetty and respondent 7 Shivakumara Kasetty left to RFA No.1538/2017; liberty reserved; pending I.As. disposed.

What did the court decide?

Liberty reserved to the petitioner to agitate all the issues raised in the present matter in RFA No.1538/2017 pending before this Court; no substantive relief granted on the compensation-deposit prayer.

Why is it important?

The Court accepted the memo for withdrawal dated 04.03.2025 filed by the counsel for the petitioner and dismissed the writ petition as withdrawn. ¶35

What the court decided

AI extract

Outcome

Liberty reserved to the petitioner to agitate all the issues raised in the present matter in RFA No.1538/2017 pending before this Court; no substantive relief granted on the compensation-deposit prayer.

Issue for consideration

Whether Respondents 1 to 6 ought to be directed to deposit the entire compensation amount in respect of Khatha No.188/186/175 situated in B.H. Road, Shivamogga, in O.S. No.290/1999 pending before the I Addl. Senior Civil Judge and CJM at Shivamogga.

Ratio / Principle

The Court accepted the memo for withdrawal dated 04.03.2025 filed by the counsel for the petitioner and dismissed the writ petition as withdrawn.

Key takeaways

Liberty was reserved to the petitioner to agitate all the issues raised in the present matter in RFA No.1538/2017 pending before this Court.ratio¶35
Pending interlocutory applications, if any, stand disposed of.ratio¶36

Detailed headnote1 paragraphs

Writ Petition (GM-RES) under Articles 226 & 227 of the Constitution of India filed by Nataraju M Kasetty seeking a mandamus directing Respondents 1 to 6 to deposit the entire compensation amount in respect of Khatha No.188/186/175, B.H. Road, Shivamogga, in O.S. No.290/1999 pending before the I Addl. Senior Civil Judge and CJM, Shivamogga. Before decision, the petitioner's counsel filed a memo for withdrawal dated 04.03.2025 stating that the dispute between the petitioner and the 7th Respondent falls to be decided in R.F.A. No.1538/2017 pending before this Court. Accepting the memo, Suraj Govindaraj J. dismissed the petition as withdrawn, reserving liberty to the petitioner to agitate all issues raised therein in RFA No.1538/2017; pending I.As., if any, stood disposed of. No precedent was cited and the merits of the compensation-deposit claim were not considered.

A

1 -

NC: 2025:KHC:9279 WP No. 47763 of 2017

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF MARCH, 2025

BEFORE

THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 47763 OF 2017 (GM-RES)

BETWEEN:

NATARAJU M KASETTY S/O M B KASETTY AGED ABOUT 68 YEARS M/S KASETTY & SONS B H ROAD SHIVAMOGGA-577 201

…PETITIONER

(BY SRI. CHANDRASHEKAR K, ADVOCATE)

AND:

STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF PUBLIC WORKS M S BUILDING BENGALURU-560 001

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT (C & B) K R CIRCLE BENGALURU-560 001

THE EXECUTIVE ENGINEER KARNATAKA STATE HIGHWAYS AUTHORITY PUBLIC WORKS DEPARTMENT SHIVAMOGGA DISTRICT SHIVAMOGGA-577 201

THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA-577 201

2 - NC: 2025:KHC:9279 WP No. 47763 of 2017

THE ASSISTANT COMMISSIONER SHIVAMOGGA SUB DIVISION SHIVAMOGGA-577 201

THE ASSISTANT EXECUTIVE ENGINEER SUB DIVISION-1 KARNATAKA STATE HIGHWAYS AUTHORITY, SUB STAND SHIVAMOGGA-577 201

SHIVAKUMARA KASETTY S/O LATE M B KASETTY AGED ABOUT 50 YEARS OCC:BUSINESS M/S KASETTY BUILDINGS B H ROAD, SHIVAMOGGA-577 201

…RESPONDENTS

(BY SRI MANJUNATH RAYAPPA, AGA FOR R1 TO R6 SRI S V PRAKASH, ADVOCATE FOR R7)

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 6 TO DEPOSIT THE ENTIRE COMPENSATION AMOUNT IN RESPECT OF THE KHATHA NO.188/186/175 SITUATED IN B.H.ROAD, SHIVAMOGGA IN O.S.NO.290/1999 PENDING IN THE COURT OF THE I ADDL. SENIOR CIVIL JUDGE AND CJM AT SHIVAMOGGA AND ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

The petitioner is before this Court seeking for the following reliefs:

3 - NC: 2025:KHC:9279 WP No. 47763 of 2017

1. Issue in the nature of mandamus or any other appropriate Writ, order or direction directing the Respondents 1 to 6 to deposit the entire compensation amount in respect tof the Khatha No.188/186/175 situated in B.H.Road, Shivamogga in O.S. No.290/1999 pending in the Court of the 1^st Additional Senior Civil Judge and CJM at Shivamogga and

2. Issue such other writ, order or directions as deemed fit under the circumstances of the case and to allow this Writ Petition with costs in the interest of justice and equity.

A memo for withdrawal of the petition dated 04.03.2025

has been filed signed by the counsel for the petitioner, which reads as under:

The under signed counsel for the Petitioner states that the dispute between the petitioner and 7th Respondent is in question in the above Writ Petition. However, in view of the civil proceedings, the Petitioner has filed R.F.A. No.1538/2017 before this Hon’ble Court. Since the same has to be decided in the above referred R.F.A. the Petitioner seek leave of this Hon’ble Court to withdraw the above Petition, since the said question has to be decided in the above referred R.F.A. Hence, this memo for withdrawal.

4 - NC: 2025:KHC:9279 WP No. 47763 of 2017

Accepting the said memo and submission of the counsel for the petitioner, the petition is dismissed as withdrawn reserving liberty to the petitioner to agitate all the issues raised in the present matter in RFA No.1538/2017 pending before this Court.

Pending I.As., if any, stand disposed of.

SD/(SURAJ GOVINDARAJ) JUDGE

BS

List No.: 1 Sl No.: 82

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether Respondents 1 to 6 ought to be directed to deposit the entire compensation amount in respect of Khatha No.188/186/175 situated in B.H. Road, Shivamogga, in O.S. No.290/1999 pending before the I Addl. Senior Civil Judge and CJM at Shivamogga.¶23

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticles 226 & 227¶23

Procedural history

How this case reached the court

AI extract

Prior proceeding
Civil suit O.S. No.290/1999 pending before the I Addl. Senior Civil Judge and CJM at Shivamogga concerning Khatha No.188/186/175, B.H. Road, Shivamogga, in which the petitioner sought direction to Respondents 1 to 6 to deposit the entire compensation amount.¶23
Prior proceeding
The petitioner filed R.F.A. No.1538/2017 before this Court, in which the dispute between the petitioner and the 7th Respondent falls to be decided.¶33

Parties & counsel

AI extract

petitioner
Nataraju M Kasetty S/o M B Kasetty, aged about 68 years, M/s Kasetty & Sons, B H Road, Shivamogga-577 201¶8
Chandrashekar K
respondent
State of Karnataka, rep. by its Principal Secretary, Department of Public Works, M S Building, Bengaluru-560 001¶12
Manjunath Rayappa
respondent
The Chief Engineer, Public Works Department (C & B), K R Circle, Bengaluru-560 001¶14
Manjunath Rayappa
respondent
The Executive Engineer, Karnataka State Highways Authority, Public Works Department, Shivamogga District, Shivamogga-577 201¶15
Manjunath Rayappa
respondent
The Deputy Commissioner, Shivamogga District, Shivamogga-577 201¶16
Manjunath Rayappa
respondent
The Assistant Commissioner, Shivamogga Sub Division, Shivamogga-577 201¶18
Manjunath Rayappa
respondent
The Assistant Executive Engineer, Sub Division-1, Karnataka State Highways Authority, Sub Stand, Shivamogga-577 201¶19
Manjunath Rayappa
respondent
Shivakumara Kasetty S/o Late M B Kasetty, aged about 50 years, occ: business, M/s Kasetty Buildings, B H Road, Shivamogga-577 201¶20
S V Prakash

Coram

AI extract

Suraj Govindarajauthor¶25

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 4 Mar 2025 · March
Registered: 23 Oct 2017
Case no.: WP/47763/2017
CNR: KAHC010541902017
Topic: Writ and Judicial Review
Bench: Suraj Govindara
Disposal: DISMISSED
Case type: WRIT PETITION (GM-RES)

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Cite this judgement

Nataraju M Kasetty v. State of Karnataka, WP/47763/2017 (KA), decided on 4 March 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Constitution of IndiaArticles 226 & 227

View all statutes

Procedural history2

Civil suit O.S. No.290/1999 pending before the I Addl. Senior Civil Judge and CJM at Shivamogga concerning Khatha No.188/186/175, B.H. Road, Shivamogga, in which the petitioner sought direction to Respondents 1 to 6 to deposit the entire compensation amount.
The petitioner filed R.F.A. No.1538/2017 before this Court, in which the dispute between the petitioner and the 7th Respondent falls to be decided.

View full history

Bench / Coram

Suraj Govindaraj

Parties & counsel