Sri B C Shivanna vs The State Of Karnataka
2022 Latest Caselaw 11299 Kant

                          1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 8TH DAY OF AUGUST 2022

                      PRESENT

            THE HON'BLE MR. ALOK ARADHE
                ACTING CHIEF JUSTICE

                         AND

     THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY

           W.A. NO.448 OF 2022 (LA-KIADB)
                         IN
           W.P. NO.7655 OF 2022 (LA-KIADB)


BETWEEN:

1.     SRI. B.C. SHIVANNA
       S/O CHIKKA GANGAIAH @ GANGAIAH
       AGED ABOUT 70 YEARS.

2.     SRI. HANUMANTHARAJU
       S/O B.C. SHIVANNA
       AGED ABOUT 43 YEARS.

       BOTH ARE R/AT BASAPPANAPALYA
       DODDABELE DHAKLE
       THYAMAGONDLU HOBLI
       NELAMANGALA TALUK
       BANGALORE RURAL DISTRICT.
                                    ... APPELLANTS
(BY MR. HEGDE SHRIPAD GANGADHAR, ADV.,)

AND:

1.     THE STATE OF KARNATAKA
       BY ITS SECRETARY
       TO DEPARTMENT OF COMMERCE
                         2




     AND INDUSTRY, M S BUILDING
     AMBEDKAR VIDHI
     BANGALORE-01.

2.   KARNATAKA INDUSTRIAL AREA
     DEVELOPMENT BOARD
     NO.39, SHANTHINAGAR
     BHARATH SCOUTS AND GUIDES BUILDING
     4TH FLOOR, PALACE ROAD
     BANGALORE-1.

3.   THE SPECIAL LAND ACQUISITION OFFICER-4
     OFFICE OF KARNATAKA DEVELOPMENT BOARD
     NO.39, SHANTHINAGAR
     BHARATH SCOUTS AND GUIDES BUILDING
     4TH FLOOR, PALACE ROAD
     BANGALORE-01.

4.   SRI. GANESH
     S/O CHIKAMUNIYAPPA
     AGED ABOUT 52 YEARS
     R/AT BEGUR KASABA HOBLI
     NELAMANGALA TALUK
     BANGALORE RURAL DISTRICT-562123.

5.   SRI. V. MAHADEV
     S/O LATE M. VENKATESH
     AGED ABOUT 59 YEARS
     R/AT DODDABELE VILLAGE
     THYAMAGONDLU HOBLI
     NELAMANGALA TALUK-562123
     BANGALORE RURAL DISTRICT.

6.   SRI. T.L. RAJU
     S/O LATE V. LAKSHMINARAYANAPPA
     AGED ABOUT 53 YEARS
     R/AT CHANDMOULESHWARA LAYOUT
     THYAMAGONDLU HOBLI
     NELAMANGALA TALUK-562123
     BANGALORE RURAL DISTRICT.
                             3



                                       ... RESPONDENTS
(BY MR. VIJAY KUMAR A. PATIL, AGA FOR R1 TO R3)
                          ---

     THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO PASS AN
ORDER AFTER CALLING FOR RECORDS TO SET ASIDE THE
ORDER DATED 11.4.2022 PASSED IN WP NO.7655/2022 (LA-
KIADB) AND FURTHER BE PLEASED TO ALLOW THE SAID
WRIT PETITION AND GRANTS AND SUCH OTHER RELIEF
ORDER OR DIRECTION.


     THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ACTING CHIEF JUSTICE DELIVERED
THE FOLLOWING:

                      JUDGMENT

This intra court appeal has been filed against the

order dated 11.04.2022 passed by the learned Single

Judge, by which writ petition preferred by the

appellant has been disposed of.

2. After hearing learned counsel for the

appellant, we deem it appropriate to reserve liberty to

the appellant to seek the relief of injunction against

private respondents restraining them from

withdrawing the amount. Needless to state that in

case, such an application is filed, the trial court shall

advert to the same expeditiously.

Accordingly, the appeal is disposed of.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

SS