Karnataka High Court
Sri Devaraju vs The Secretary on 8 March, 2022
Bench: M.I.Arun
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF MARCH 2022
BEFORE
THE HON'BLE MR. JUSTICE M.I.ARUN
WRIT PETITION NO.63499 OF 2016 (KLR-RES) C/W
WRIT PETITION NO.63498 OF 2016 (KLR-LG)
IN WRIT PETITION NO.63499 OF 2016
BETWEEN:
1. SRI DEVARAJU
S/O NANJEGOWDA
AGED ABOUT 53 YEARS
2. SRI. THIMMAPPA
S/O MALLEGOWDA
AGED ABOUT 49 YEARS
3. SRI.MALLEGOWDA
S/O PARADESIGOWDA
AGED ABOUT 58 YEARS
4. SRI. CHANDRASHEKARA
S/O CHIKKEGOWDA
AGED ABOUT 42 YEARS
ALL ARE R/AT PERAMENAHALLI VILLAGE
KASABA HOBLI, HASSAN
TALUK AND DISTRICT
PIN-573201 ... PETITIONERS
(BY SRI. CHETHAN B., ADV. (ABSENT))
AND:
1. THE SECRETARY
BAGUR HUKUM SAGAVALI
-2-
SAKRAMA SAMITHI
HASSAN-573 201
2. THE ASSISTANT COMMISSIONER
HASSAN DISTRICT
HASSAN-573 201
3. THE DEPUTY COMMISSIONER
HASSAN DISTRICT
HASSAN-573 201
4. SRI.JAGANATH
S/O MALLEGOWDA
AGED ABOUT 60 YEARS
5. SMT. JAYAMMA
W/O MALLEGOWDA,
AGED ABOUT 60 YEARS
6. SRI.P.M.SHIVASHANKARA
S/O MALLEGOWDA
AGED ABOUT 65 YEARS
7. SRI.SHANKAREGOWDA
S/O MOTEGOWDA
AGED ABOUT 65 YEARS
8. SRI.MALLEGOWDA
S/O MOTEGOWDA
AGED ABOUT 60 YEARS
9. SRI.SHIVANNAGOWDA @ SHIVANNA
S/O R.LINGEGOWDA
SINCE HE WAS DEAD HIS LEGAL HEIRS
9(a) SMT. BHAGYA
W/O LATE SHIVANNAGOWDA
@ SHIVANNA
AGED ABOUT 55 YEARS
9(b) SRI.SUDHAKARA T.S.
S/O LATE SHIVANNAGOWDA
@ SHIVANNA, AGED ABOUT 32 YEARS
-3-
9(a) AND 9(b) ARE R/AT
PERMANAHALLI VILLAGE
KASABA HOBLI, HASSAN TALUK
AND DISTRICT - 573 201
10. SRI.P.NINGEGOWDA
S/O MALLEGOWDA
AGED ABOUT 71 YEARS
11. SRI.PUTTASWAMYGOWDA
S/O HANUMANTHEGOWDA
[SINCE HE IS DEAD, HIS LEGAL HEIRS]
11(a) SRI. MALLESH
S/O LATE PUTTASWAMYGOWDA
AGED ABOUT 31 YEARS
R/AT PERAMANAHALLI VILLAGE
KASABA HOBLI
HASSAN TALUK & DISTRICT - 573 201
12. SMT. RATHNAMMA
W/O VENKATEGOWDA
AGED ABOUT 65 YEARS
13. SRI.SANNEGOWDA
SINCE DEAD REP BY LRS
13(a) SMT. PADMA
W/O LATE SANNEGOWDA
AGED ABOUT 55 YEARS
13(b) SRI. ASHWATH
S/O LATE SANNEGOWDA
AGED ABOUT 23 YEARS
13(c) KUM.ASHWINI
D/O LATE SANNEGOWDA
AGED ABOUT 21 YEARS
14. SRI. CHANNEGOWDA
S/O SRI HANUMANTHEGOWDA
-4-
AGED ABOUT 63 YEARS
15. SRI.BELIGIRIGOWDA
S/O SRI. KRISHNEGOWDA
SINCE DEAD HIS LEGAL HEIRS
15(a) SMT. KAMALAMMA
D/O LATE BELIGIRIGOWDA
AGED ABOUT 57 YEARS
15(b) SRI. KRISHNA KUMAR
S/O LATE BELIGIRIGOWDA
AGED ABOUT 56 YEARS
15(c) SRI. P. B. DHARMEGOWDA
S/O LATE BELIGIRIGOWDA
AGED ABOUT 54 YEARS
15(d) SRI. P. B. PUTTARAJU
S/O LATE BELIGIRIGOWDA
AGED ABOUT 50 YEARS
15(e) SMT. LEELAKASHI
D/O LATE BELIGIRIGOWDA
AGED ABOUT 48 YEARS
ALL ARE R/AT PERAMANAHALLI VILLAGE
KASABA HOBLI, HASSAN TALUK
AND DISTRICT - 573 128
16. SRI. RAJEGOWDA
S/O R.LINGEGOWDA
AGED ABOUT 55 YEARS
RESPONDENT NOS.4 TO 16 ARE
R/AT PERAMANAHALLI VILLAGE
KASABA HOBLI, HASSAN
TALUK & DIST-573 128
17. THE LAND ACQUISITION OFFICER
KIADB, KRS ROAD, NEAR VIKRANTH
J.K.FACTORY, MYSORE-570 001 ... RESPONDENTS
-5-
(BY SRI G.V.NARASIMHA MURTHY, ADV. FOR
R-4 TO R-12, R-13(a-c), R-14 TO R-16,
R-9(a & b), R-11(a) & R-15(a-e) & C/R-10;
SRI. SRINIVAS A.R., AGA FOR R-1 TO R-3;
SRI. P.V.CHANDRASHEKAR, ADV. FOR R-17)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE JUDGMENT DATED 6.10.2016 IN REVISION
PETITION NO.33/2015 PASSED BY THE KARNATAKA
APPELLATE TRIBUNAL AT BANGALORE AS PER ANNEXURE-A
AND ORDER DATED 4.2.2014 IN RA NO.26/2009-10
PASSED BY THE R-3 HEREIN AS PER ANNEXURE-B.
IN WRIT PETITION NO.63498 OF 2016
BETWEEN:
1. SRI DEVARAJU
S/O NANJEGOWDA
AGED ABOUT 49 YEARS
2. SRI THIMMAPPA
S/O MALLEGOWDA
AGED ABOUT 45 YEARS
3. SRI MALLEGOWDA
S/O PARADESIGOWDA
AGED ABOUT 54 YEARS
4. SRI CHANDRASHEKAR
S/O CHIKKEGOWDA
AGED ABOUT 38 YEARS,
ALL ARE RESIDENT OF PERAMENAHALLI
KASABA HOBLI, HASSAN TALUK-573 201
HASSAN DISTRICT
... PETITIONERS
(BY SRI. CHETHAN B., ADV. (ABSENT))
AND:
1. THE SECRETARY
BAGUR HUKUM SAGUVALI
-6-
SAKRAMA SAMITHI
HASSAN-573201
2. THE ASSISTANT COMMISSIONER
HASSAN DISTRICT
HASSAN-573 201
3. THE DISTRICT COMMISSIONER
HASSAN DISTRICT
HASSAN-573 201
4. SRI. NINGEGOWDA
S/O CHANNEGOWDA
MAJOR
SINCE DEAD BY LRS.
4(a) SMT. GIDDAMMA
W/O LATE NINGEGOWDA
AGED ABOUT 75 YEARS
4(b) S. N. MAHENDRA
S/O LATE NINGEGOWDA
AGED ABOUT 55 YEARS
4(c) P. N. SHIVALINGEGOWDA
S/O LATE NINGEGOWDA
AGED ABOUT 45 YEARS
4(d) P. N. MANGEGOWDA
S/O LATE NINGEGOWDA
AGED ABOUT 42 YEARS
4(e) DORERAJU
S/O LATE NINGEGOWDA
AGED ABOUT 41 YEARS
4(f) HARISH
S/O LATE NINGEGOWDA
AGED ABOUT 38 YEARS
RESPONDENT NOS.4(a) TO 4(f) ARE
R/O PERAMANAHALLI VILLAGE
KASABA HOBLI, HASSAN TALUK
AND DISTRICT - 573 128
-7-
5. SRI H MALLESH
S/O HANUMANTHEGOWDA
MAJOR,
SRI VENKATEGOWDA
S/O HUCHEGOWDA
MAJOR
(SINCE DIED REPRESENTED
BY LRS 6 (A) & 6 (B)
6(a) SMT RATHNAMMA
W/O LATE VENKATEGOWDA
AGED ABOUT 64 YEARS
6(b) SRI PUTTARAJU
S/O LATE VENKATEGOWDA
AGED ABOUT 43 YEARS
SINCE 6(b) DEAD BY LRS
6(b)(1) SMT. H. SUMITHARA
W/O LATE P.V.PUTTRAJA
AGED ABOUT 32 YEARS
RESPONDENT NO.6(b)(1) IS
R/AT PERAMANAHALLI VILLAGE
KASABA HOBLI, HASSAN TALUK AND
DISTRICT - 573 128
RESPONDENT NOS.4 TO 6 (a) (b) ARE
R/O PERAMENAHALLI VILLAGE
KASABA HOBLI, HASSAN TALUK-573 201
HASSAN DISTRICT
7. THE LAND ACQUISITION OFFICER
KIADB, KRS ROAD,
NEAR VIKRANTH J.K.FACTORY
MYSORE-570 001 ... RESPONDENTS
(BY SRI. NARASIMHA MURTHY G.V., ADV. FOR
C/R-5 & R-4(a-f), R-5 & R-6(a & b);
SRI. SRINIVAS A.R., AGA FOR R1 TO R3;
SRI. P.V.CHANDRASHEKAR, ADV. FOR R-7)
-8-
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE JUDGMENT DATED 6.10.2016 IN
R.P.NO.34/2015 PASSED BY THE KARNATAKA APPELLATE
TRIBUNAL AT BENGALURU AS PER ANNEXURE-A AND
ORDER DATED 04.02.2014 IN R.A.NO.27/2009-10 PASSED
BY THE R-3 VIDE ANNEXURE-B BY ALLOWING THE
PETITION.
THESE WRIT PETITIONS COMING ON FOR HEARING
ON I.A., THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In the forenoon session when the matters were called,
learned counsel for the petitioners was not ready to go on
with the matters and the matters were passed over at his
instance. Thereafter, the matters were called twice and
there was no representation on behalf of the petitioners.
2. On 02.02.2022, the following order was passed:
"Matter is called out. There is no
representation for the petitioners in both these
matters.
Learned Counsel for the contesting
respondents submits that the petitioners who are
unconnected with the grant made in favour of the
contesting respondents have questioned the grant
made in favour of the respondents. Both the
authorities below have held that the grant is in
order. Moreover, the lands in question have been
acquired by the State for the benefit of the
respondent-KIADB. However, since there was a
direction by this Court not to disburse the
compensation, the same has remained with the
respondent-KIADB.
Re-list these matters on 07.02.2022. If
there is no representation for the petitioners on the
next date of hearing, these writ petitions will be
dismissed."
3. It is clear that the learned counsel for the petitioners
is not willing to go on with the matters. Hence, the writ
petitions are dismissed for non-prosecution.
Sd/-
JUDGE
hkh.
