Karnataka High Court
B S Shiva Kumar vs State Of Karnataka on 1 December, 2023
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2023:KHC:43412
WP No. 23785 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 23785 OF 2021 (LB-RES)
BETWEEN:
1. B S SHIVA KUMAR
S/O LATE V H SANGAPPA
AGED 50 YEARS,
2. S R FAIROZ AHMED
S/O S H ABDUL RASHEED
AGED 53 YEARS,
3. S R AFROZ AHMED
S/O S H ABDUL RASHEED
AGED 51 YEARS,
4. D BASAVALINGAPPA
S/O DALAVAI GURUBASAPPA
AGED 65 YEARS,
5. U J MALLKARJUNA
S/O UDUGANI JAYADEVAPPA
Digitally signed
by AGED 65 YEARS,
NARAYANAPPA
LAKSHMAMMA 6. DR MADHUKESHWRA
Location: HIGH S/O VEERABHADRAPPA
COURT OF AGED 48 YEARS,
KARNATAKA
7. K SHADAKSHARAPPA
S/O K SANNAPPA
AGED 65 YEARS,
8. DR SHIVAYOGI B MANDAKKI
S/O BASAVARAJAPPA
AGED 70 YEARS,
9. HARISH S DALAVAI
S/O DALAVAI SOMANNA
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WP No. 23785 of 2021
AGED 65 YEARS,
10. SMT UMA DALAVAI
W/O DALAVAI SOMANNA
AGED 89 YEARS,
11. K V GUNDU RAO
S/O K G VASUDEVA RAO
AGED 55 YEARS,
REPRESENTED BY HIS POWER OF ATTORNEY
SMT JAYASHRI J PAI
12. S H SHAFEEQ AHMED
S/O S S HUSSAIN MAYAN
AGED 64 YEARS,
13. S SHABBEER AHMED
S/O S S SHUSSAIN MIYAN
AGED 61 YEARS,
14. B C DANAPPA
S/O CHANNAPPA BHADRAPURA
AGED 64 YEARS,
15. B VEERAPPA
S/O DALAVAI VEERABHADRAPPA
AGED 69 YEARS,
ALL ARE RESIDENT OF MARKET ROAD,
SAGAR TOWN-577401
SHIMOGA DSTRICT
...PETITIONERS
(BY SRI. BIMBADHARA H M.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
URBAN DEVELOPMENT DEPARTMENT
M S BUILDING
DR B R AMBEDKAR VEEDHI
BENGALURU-560001
2. THE DEPUTY COMMISSIONER
SHIMOGGA DISTRICT
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WP No. 23785 of 2021
SHIVAMOGGA-577201
3. THE ASSISTANT COMMISSIONER AND
LAND ACQUUISITION OFFICER
SAGAR SUB DIVISION,
SAGAR-577401
SHIVAMOGGA DISTRCT
4. THE EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT
SHIVAMOGGA DIVISION
SHIVAMOGGA-577201
5. THE TOWN MUNICIPAL COUNCIL
SAGAR TOWN
SAGAR-577401
SHIVAMOGGA DISTRICT
REP BY ITS COMMISSIONER
...RESPONDENTS
(BY SMT. B.P. RADHA., ADVOCATE FOR R1 TO R4;
SRI. VISHWANATH R. HEGDE., ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI AND TO QUASH THE NOTICE DATED
08.11.2021 ISSUED BY THE THIRD RESPONDENT ASSISTANT
COMMISSIONER SAGAR BEARING NO BHU. SWA. VI. VA NO. 5/2021-
22 THE NOTICE DATED 08.11.2021 ISSUED BY THE THIRD
RESPONDENT-ASSISTANT-COMMISSIONER IN NO. BHU. SWA. VI. VA
NO.5/2021-22 SERVED ON PETITIONERS 1 PRODUCED AS PER
ANNEXURE-S, NOTICE DATED 08.11.2021 ISSUED BY THE THIRD
RESPONDENT-ASSISTANT COMMISSIONER IN NO. BHU.SWA. VI. VA
NO. 5/2021 - 22 SERVED ON PETITIONERS 2 PRODUCED AS PER
ANNEXURE-S1 NOTICE DATED 08.11.2021 ISSUED BY THE THIRD
RESPONDENT-ASSISTANT COMMISSIONER IN NO. BHU. SWA. VI. VA
NO. 5/2021 - 22 SERVED ON PETITIONERS 2 AND 3 PRODUCED AS
PER ANNEXURE-S2 NOTICE DATED08.11.2021 ISSUED BY THE 3RD
RESPONDENT-ASSISTANT COMMISSIONER IN NO.BHU.SWA.VI.VA
NO.5/2021-22 SERVED ON PETITIONER NO.4 PRODUCED AS PER
ANNEXURE-S3, NOTICE DATED 08.11.2021 ISSUED BY THE THIRD
RESPONDENT-ASSISTANT COMMISSIONER IN NO. BHU.SWA. VI. VA
NO. 5/2021-22 SERVED ON PETITIONER NO.5 PRODUCED AS PER
ANNEXURE-S4, NOTICE DATED 08.11.2021 ISSUED BY THE THIRD
RESPONDENT-ASSISTANT COMMISSIONER IN NO. BHU. SWA. VI. VA
NO. 5/2021-22 SERVED ON PETITIONER NO.6 PRODUCED AS PER
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WP No. 23785 of 2021
ANNEXURE-S5 NOTICE DATED 08.11.2021 IN NO.BHU. SWA. VI. VA
NO. 5/2021-22 SERVED ON PETITIONER NO.7 IS PRODUCED AS PER
ANNEXURE-S6, NOTICE DATED 08.11.2021 ISSUED BY THE THIRD
RESPONDENT-ASSISTANT COMMISSIONER IN NO. BHU. SWA. VI. VA
NO. 5/2021-22 SERVED ON PETITIONER NO.8 PRODUCED AS PER
ANNEXURE-S7, NOTICE DATED 08.11.2021 ISSUED BY THE THIRD
RESPONDENT-ASSISTANT COMMISSIONER IN NO. BHU. SWA. VI. VA
NO.5/2021-22 SERVED ON PETITIONER NO.9 PRODUCED AS PER
ANNEXURE-S8, NOTICE DATED 08.11.2021 SERVED ON
PETITIONERS 10 AND 11 PRODUCED AS PER ANNEXURE-S9, NOTICE
DATED 08.11.2021 ISSUED BY THE THIRD RESPONDENT-ASSISTANT
COMMISSIONER IN NO. BHU. SWA. VI. VA NO. 5/2021-22 SERVED
ON PETITIONERS 10 AND 11 PRODUCED AS PER ANNEXURE-S10,
NOTICE DATED 08.11.2021 ISSUED BY THE THIRD RESPONDENT-
ASSISTANT COMMISSIONER IN NO. BHU. SWA. VI. VA NO. 5/2021-
22 SERVED ON PETITIONER NO.12 PRODUCED AS PER ANNEXURE-
S11 NOTICE DATED 08.11.2021 ISSUED BY THE THIRD
RESPONDENT-ASSISTANT COMMISSIONER IN NO. BHU.SWA. VI. VA
NO. 5/2021-22 SERVED ON PETITIONER NO.13 PRODUCED AS PER
ANNEXURE-S12, NOTICE DATED 08.11.2021 ISSUED BY THE THIRD
RESPONDENT-ASSISTANT COMMISSIONER IN NO. BHU. SWA. VI. VA
NO. 5/2021 - 22 SERVED ON PETITIONER NO.14 PRODUCED AS PER
ANNEXURE-S13, NOTICE DATED 08.11.2021 ISSUED BY THE THIRD
RESPONDENT-ASSISTANT COMMISSIONER IN NO. BHU. SWA. VI.
VANO. 5/2021 - 22 SERVED ON PETITIONER NO.15 PRODUCED AS
PER ANNEXURE- S14 NOTICE DATED 08.11.2021 ISSUED BY THE
THIRD RESPONDENT-ASSISTANT COMMISSIONER IN NO. BHU. SWA.
VI. VA NO. 5/2021 - 22 SERVED ON PETITIONER NO.16 PRODUCED
AS PER ANNEXURE-S15 AND ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER/JUDGMENT
1. The petitioners are before this Court seeking for the
following reliefs:
i) Issue a writ in the nature of certiorari and to
quash the notice dated 08.11.2021 issued by the
third respondent Assistant Commissioner Sagar
Bearing No. Bhu. Swa. Vi. Va No. 5/2021-22 the
notice dated 08.11.2021 issued by the third
respondent-Assistant-Commissioner in No. Bhu.
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WP No. 23785 of 2021
Swa. Vi. Va No.5/2021-22 served on petitioners 1
produced as per ANNEXURE-S, notice dated
08.11.2021 issued by the third respondent-
Assistant Commissioner in No. Bhu.Swa. Vi. Va No.
5/2021 - 22 served on petitioners 2 produced as
per ANNEXURE-S1 notice dated 08.11.2021 issued
by the third respondent-Assistant Commissioner in
No. Bhu. Swa. Vi. Va No. 5/2021 - 22 served on
petitioners 2 and 3 produced as per ANNEXURE-S2
notice dated08.11.2021 issued by the 3rd
Respondent-Assistant Commissioner in
No.Bhu.Swa.Vi.Va No.5/2021-22 served on
petitioner No.4 produced as per ANNEXURE-S3,
notice dated 08.11.2021 issued by the third
respondent-Assistant Commissioner in No.
Bhu.Swa. Vi. Va No. 5/2021-22 served on
petitioner No.5 produced as per ANNEXURE-S4,
notice dated 08.11.2021 issued by the third
respondent-Assistant Commissioner in No. Bhu.
Swa. Vi. Va No. 5/2021-22 served on petitioner
No.6 produced as per ANNEXURE-S5 notice dated
08.11.2021 in No.Bhu. Swa. Vi. Va No. 5/2021-22
served on petitioner No.7 is produced as per
ANNEXURE-S6, notice dated 08.11.2021 issued by
the third respondent-Assistant Commissioner in No.
Bhu. Swa. Vi. Va No. 5/2021-22 served on
petitioner No.8 produced as per ANNEXURE-S7,
notice dated 08.11.2021 issued by the third
respondent-Assistant Commissioner in No. Bhu.
Swa. Vi. Va No.5/2021-22 served on petitioner
No.9 produced as per ANNEXURE-S8, notice dated
08.11.2021 served on petitioners 10 and 11
produced as per ANNEXURE-S9, notice dated
08.11.2021 issued by the third respondent-
Assistant Commissioner in No. Bhu. Swa. Vi. Va
No. 5/2021-22 served on petitioners 10 and 11
produced as per ANNEXURE-S10, notice dated
08.11.2021 issued by the third respondent-
Assistant Commissioner in No. Bhu. Swa. Vi. Va
No. 5/2021-22 served on petitioner No.12
produced as per ANNEXURE-S11 notice dated
08.11.2021 issued by the third respondent-
Assistant Commissioner in No. Bhu.Swa. Vi. Va No.
5/2021-22 served on petitioner No.13 produced as
per ANNEXURE-S12, notice dated 08.11.2021
issued by the third respondent-Assistant
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WP No. 23785 of 2021
Commissioner in No. Bhu. Swa. Vi. Va No. 5/2021 -
22 served on petitioner No.14 produced as per
ANNEXURE-S13, notice dated 08.11.2021 issued by
the third respondent-Assistant Commissioner in No.
Bhu. Swa. Vi. VaNo. 5/2021 - 22 served on
petitioner No.15 produced as per ANNEXURE- S14
notice dated 08.11.2021 issued by the third
respondent-Assistant Commissioner in No. Bhu.
Swa. Vi. Va No. 5/2021 - 22 served on petitioner
No.16 produced as per ANNEXURE-S15.
ii) Issue a writ in nature of mandamus directing
the respondents not to demolish or take over the
properties of the petitioners without following the
procedures established by law.
iii) Issue any other appropriate writ or order or
direction as this Hon'ble Court deems it appropriate
in the admitted facts and circumstances of the case
to secure the ends of justice.
iv) Award the cost of this proceeding.
2. Counsel for the parties submit that similar lis as that
in the present matter has been decided by a
Coordinate Bench of this Court in the case of
K.V.Srinivas Rao and Others -v-State of
Karnataka and Others [W.P. No.24580/2021
and connected matters dated 17.01.2023].
3. In that view of the matter, I pass the following:
ORDER
i. The writ petition is allowed in part.
NC: 2023:KHC:43412
ii. The respondents are restrained from interfering
with the properties of the petitioner. Liberty is
however reserved to respondents to initiate
acquisition proceedings in terms of the Right to
Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement
Act, 2013.
iii. Needless to observe that until such acquisition
is complete, the petitioner would be the owner
and would be entitled to exercise all ownership
and possessory rights in respect of the
property.
Sd/-
JUDGE
LN
