The Karnataka Industrial Area ... vs Sri. Pillamunishamappa @ ...
2022 Latest Caselaw 11577 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 5TH DAY OF SEPTEMBER, 2022

                      PRESENT

THE HON'BLE MR. ALOK ARADHE, ACTING CHIEF JUSTICE

                         AND

  THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

       WRIT APPEAL NO.468 OF 2022 (LA-KIADB)


BETWEEN:


1 . THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
EAST WING
KHANIJA BHAVAN
RACE COURSE ROAD
BANGALORE-01
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER

2 . THE SPECIAL LAND ACQUISITION OFFICER-II
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
NO.39, SANTHI GRUHA
BHARATH SCOUTS AND GUIDES BUILDING
4TH FLOOR
PALACE ROAD
BANGALORE-560001

BOTH ARE REPRESENTED
BY SLAO-II APPELLANT NO.2
                                       ...APPELLANTS

(BY SRI B B PATIL, ADVOCATE)
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AND

1 . SRI PILLAMUNISHAMAPPA @ PILLAPPA
S/O LATE RAMAPPA
AGED ABOUT 77 YEARS

2 . SRI N SHAMANNA
S/O LATE NARAYANAPPA
AGED ABOUT 57 YEARS

BOTH ARE R/AT
BANDIKODIGEHALLI VILLAGE
JALA HOBLI
BENGALURU NORTH TALUK
BENGALURU-562149

3 . THE STATE OF KARNATAKA
DEPARTMENT OF COMMERCE AND
INDUSTRIES
VIKAS SOUDHA
DR. AMBEDKAR VEEDHI
BANGALORE-560001
BY ITS SECRETARY
                                       ...RESPONDENTS

(BY SRI S S MAHENDRA, AGA FOR R-3)

      THIS WRIT   APPEAL IS   FILED    U/S   4   OF   THE
KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE
WRIT APPEAL AND SET ASIDE        THE    ORDER DATED
21.12.2021 PASSED BY THE LEARNED SINGLE JUDGE IN
WRIT PETITION NO.22273/2021 ALLOWING THE PETITIONS
OF RESPONDENT NOS.1 AND 2 AND THEREBY SETTING
ASIDE THE ACQUISITION PROCEEDINGS.

      THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY, ACTING CHIEF JUSTICE DELIVERED
THE FOLLOWING:
                               -3-


                           JUDGMENT

Sri B.B.Patil, learned counsel for the appellants.

Sri S.S.Mahendra, learned Additional Government Advocate for respondent No.3.

This intra Court appeal has been filed against

an order dated 21.12.2021 passed by the learned

Single Judge in W.P.No.22273/2021. The relevant

extract of the order passed by the learned Single

Judge reads as under:

"Learned counsel for the parties jointly submits that matter is covered by judgment of Co-ordinate bench of this Court in W.P.No.10583/2016 disposed of on 01.04.2021 and submits that this writ petition shall be disposed of in terms of order dated 01.04.2021 passed in W.P.No.10583/2016."

2. Thus, it is evident that the appellants

themselves have agreed before the learned Single

Judge that the issue involved in the writ petition is

covered by a judgment of the learned Single Judge of

this Court in W.P.No.10583/2016 decided on

01.04.2021. Therefore, the appellants now cannot be

permitted to turn around and challenge the order

which has been passed on the basis of the consent

given on behalf of the appellants. The writ appeal

fails and is hereby dismissed.

In view of dismissal of the appeal, the pending

interlocutory application does not survive for

consideration and is accordingly disposed of.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

bkv