Smt. H Jayamma Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Smt. H Jayamma Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

NC: 2025:KHC:1549 WP No. 8524 of 2017 C/W WP No. 8522 of 2017 WP No. 8523 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 8524 OF 2017 (LA-KIADB)

C/W

WRIT PETITION NO. 8522 OF 2017 (LA-KIADB) WRIT PETITION NO. 8523 OF 2017 (LA-KIADB)

IN WP No. 8524/2017

BETWEEN:

SMT. H. JAYAMMA SINCE DEAD BY HER LRS.,

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

1a. SRI. P. DHANARAJ S/O LATE V. PAPANNA & H. JAYAMMA AGED ABOUT 60 YEARS NO.2, SEVEN HILLS, SATISH NILAYA, 4^TH FLOOR 1^ST MAIN, TALAKAVERI LAYOUT AMRUTHAHALLI BANGALORE - 560 092.

1b. SRI. P. BABU S/O LATE V. PAPANNA & H. JAYAMMA AGED ABOUT 58 YEARS NO.71 B1, AREHALLI GUDDADAHALLI BASHETTIHALLI POST DODDABALLAPUR TALUK BANGALORE RURAL - 561 203.

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1c. SRI. P. GIRISH S/O LATE V. PAPANNA & H JAYAMMA AGED ABOUT 52 YEARS NO.2, SEVEN HILLS, SATISH NILAYA, 4^TH FLOOR 1^ST MAIN, TALAKAVERI LAYOUT AMRUTHAHALLI, BANGALORE - 560 092.

…PETITIONERS

(BY SRI. T. SESHAGIRI RAO.,ADVOCATE FOR P1(a) TO 1(c))

AND:

STATE OF KARNATAKA BY ITS SECRETARY DEPT. OF REVENUE AND COMMERCE VIDHANA SOUDHA BENGALURU-560 001.

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT CORPORATION (METRO RAIL PROJECT) REACH-1A, NRUPATHUNGA ROAD BENGALURU-560 001.

THE BENGALURU METRO RAIL CORPORATION LTD., REP.BY ITS MANAGING DIRECTOR HAVING ITS OFFICE AT BMTC COMPLEX 3^RD FLOOR, K H ROAD SHANTHI NAGAR. BENGALURU-560 027.

SRI H B SUDHEER S/O H S BASAVARAJAPPA AGED ABOUT 47 YEARS

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SRI H S BASAVARAJAPPA S/O LATE SUBBANNA AGED ABOUT 75 YEARS

4 & 5 ARE R/AT NO.33 BASAVA KRUPA, NANDI DURGA ROAD, JAYAMAHAL, BENGALURU-560 046.

…RESPONDENTS

(BY SRI. SPOORTHY HEGDE N., HCGP FOR R1; SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2; SRI. K. KRISHNA, ADVOCATE FOR R3; SRI. VARUN J. PATIL, ADVOCATE FOR R4 AND R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 19.10.2016 VIDE ANNX-A ISSUED BY R-2, DIRECT THE R-2 TO DEPOSIT THE COMPENSATION AMOUNT BEFORE THE CIVIL COURT IN VIEW OF THE TITLE DISPUTE PENDING BETWEEN THE PARTIES i.e., THE AGREEMENT DATED.19.11.2016 VIDE ANNEX-J INDEMNITY BOND DATED.19.11.2016 VIDE ANNEX-K, THE AGREEMENT DATED.19.11.2016 VIDE ANNEX-L AND ETC.

IN WP NO. 8522/2017

BETWEEN:

1a SMT. H. JAYAMMA SINCE DEAD BY HER LRS.,

SRI. P. DHANARAJ S/O LATE V. PAPANNA & H. JAYAMMA AGED ABOUT 60 YEARS NO.2, SEVEN HILLS, SATISH NILAYA, 4^TH FLOOR 1^ST MAIN, TALAKAVERI LAYOUT AMRUTHAHALLI BANGALORE - 560 092.

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1b. SRI. P. BABU S/O LATE V. PAPANNA & H. JAYAMMA AGED ABOUT 58 YEARS NO.71 B1, AREHALLI GUDDADAHALLI BASHETTIHALLI POST DODDABALLAPUR TALUK BANGALORE RURAL - 561 203.

1c. SRI. P. GIRISH S/O LATE V. PAPANNA & H JAYAMMA AGED ABOUT 52 YEARS NO.2, SEVEN HILLS, SATISH NILAYA, 4^TH FLOOR 1^ST MAIN, TALAKAVERI LAYOUT AMRUTHAHALLI BANGALORE - 560 092.

...PETITIONERS

(BY SRI. T. SESHAGIRI RAO., ADVOCATE FOR P1(a) TO 1(c))

AND:

STATE OF KARNATAKA BY ITS SECRETARY, DEPT OF REVENUE & COMMERCE, VIDHANA SOUDHA BENGALURU-560 001.

THE SPECIAL LAND ACQUISITON OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT CORPROATON (METRO RAIL PROJECT) REACH-1A, NRUPATHUNGA ROAD BENGALURU-560 001.

THE BENGALURU METRO RAIL CORPORATION LTD REP BY ITS MANAGING DIRECTOR HAVING ITS

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OFFICE AT BMTC COMPLEX 3^RD FLOOR, K.H.ROAD SHANTHI NAGAR, BENGALURU-560 027.

SRI N. SRINIVASA REDDY S/O LATE T NARAYANA REDDY AGED BOUT 65 YEARS, R/AT NO.89, 4^TH CROSS, GOKULA 3^RD STAGE MYSURU-570 002.

SRI. N. THIMMA REDDY S/O LATE T NARYANA REDDY AGED ABOUT 62 YEARS, R/AT NO.57, 4TH MAIN, DOMLUR 2^ND STAGE BENGALURU-560 071.

SRI N GOPAL REDDY S/O LATE T NARYANA REDDY AGED ABOUT 55 YEARS, R/AT NO.2, MUTHASANDRA VIA VARTHUR BENGALURU-560 087.

...RESPONDENTS

(BY SRI. SPOORTHY HEGDE N., HCGP FOR R1; SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2; SRI. K. KRISHNA, ADVOCATE FOR R3; SRI. J.V. CHANDRA SHEKAR, ADVOCATE FOR R4 TO R6)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED.19.10.2016/ 20.10.2016 VIDE ANNEX-A. DIRECT THE R-2 TO DEPOSIT THE COMPENSATION AMOUNT BEFORE THE CIVIL COURT IN VIEW OF THE TITLE

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DISPUTE PENDING BETWEEN THE PARTIES I.E., THE AGREEMENT DATED.23.11.2016 VIDE ANNEX-G1 TO G3 INDEMNITY BOND DATED 23.11.2016 VIDE ANNEX-H1 TO H3 AND AGREEMENT DATED 23.11.2016 VIDE ANNEX-J1 TO J3.

IN WP NO. 8523/2017

BETWEEN:

SMT. H. JAYAMMA SINCE DEAD BY HER LRS.,

1a. SRI. P. DHANARAJ S/O LATE V. PAPANNA & H. JAYAMMA AGED ABOUT 60 YEARS NO.2, SEVEN HILLS, SATISH NILAYA, 4^TH FLOOR 1^ST MAIN, TALAKAVERI LAYOUT AMRUTHAHALLI BANGALORE - 560 092.

1b. SRI. P. BABU S/O LATE V. PAPANNA & H. JAYAMMA AGED ABOUT 58 YEARS NO.71 B1, AREHALLI GUDDADAHALLI BASHETTIHALLI POST DODDABALLAPUR TALUK BANGALORE RURAL - 561 203.

1c. SRI. P. GIRISH S/O LATE V. PAPANNA & H JAYAMMA AGED ABOUT 52 YEARS NO.2, SEVEN HILLS, SATISH NILAYA, 4^TH FLOOR 1^ST MAIN, TALAKAVERI LAYOUT

NC: 2025:KHC:1549 WP No. 8524 of 2017 C/W WP No. 8522 of 2017 WP No. 8523 of 2017

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BANGALORE - 560 092.

...PETITIONERS

(BY SRI. T. SESHAGIRI RAO.,ADVOCATE FOR P1(a) TO 1(c))

AND:

STATE OF KARNATAKA BY ITS SECRETARY DEPT. OF REVENUE & COMMERCE, VIDHANA SOUDHA, BENGALURU 560 001.

THE SPECIAL LAND ACQUISITION OFFICER KAWRNATAKA INDUSTRIAL AREA DEVELOPMENT CORPORATION (METRO RAIL PLROJECT) REACH-1A, NRUPATHUNGA ROAD, BENGALURU 560 001.

THE BENGALURU METRO RAIL CORPORATIN LTD., REP. BY ITS MANAGING DIRECTOR HAVING ITS OFFICE AT BMTC COMPLEX, 3^RD FLOOR, K.H. ROAD, SHANTHI NAGAR, BENGALURU 560 027.

SMT. T.N. BHAGYA W/O T.C. NAGARAJ, AGED ABOUT 57 YEARS, R/AT NO.274/K128, 13^TH MAIN ROAD, HAL III STAGE, BENGALURU 560 008. ...RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1; SRI. P.V. CHANDRASHEKAR.,ADVOCATE FOR R2; SRI. K. KRISHNA, ADVOCATE FOR R3; SRI. VARUN J PATIL, ADVOCATE FOR R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 02.11.2016 VIDE ANNEXURE-A, DIRECT THE R-2 TO DEPOSIT THE COMPENSATION AMOUNT BEFORE THE CIVIL COURT IN VIEW OF THE TITLE DISPUTE PENDING BETWEEN THE PARTIES I.E., THE AGREEMENT DATED.28.11.2016 VIDE ANNEX-G INDEMNITY BOND DATED 28.11.2016 VIDE ANNEX-H AGREEMENT DATE: 28.11.2016 VIDE ANNEXURE J AND ETC.

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

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

ORAL ORDER

Learned counsel for the petitioners submits that

present petitions were filed in view of the claims and counter claims made in O.S.No.1754/2006. That the said suit has been disposed of on 26.04.2019, against which an

appeal in RFA No.1570/2019 was filed, the same is also disposed of by the Coordinate Bench of this Court vide order dated 05.03.2021. As against the same a special leave petition in Spl.L.P (C) No.4851/2022 was filed which also has been dismissed confirming the judgment and order passed by the Trial Court as well as the order passed by this Court. In that view of the matter, counsel for the

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petitioner submits present petitions have become

infructuous.

In view of the above, petitions are dismissed as

having become infructuous.

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

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