Karnataka High Court
Sri Basavaraju S vs The State Of Karnataka on 10 January, 2023
Bench: Krishna S.Dixit
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.411 OF 2023 (LA-KIADB)
BETWEEN:
SRI. BASAVARAJU S
S/O LATE SRI. SIDDAPPA
AGED ABOUT 61 YEARS,
R/O OBALAPURA VILLAGE,
THYAMAGONDLU HOBLI,
NELAMANGALA TALUK,
BENGALURU RURAL DISTRICT - 562 123.
...PETITIONER
(BY SRI. V.R.BALARAJ, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY TO GOVERNMENT
INDUSTRIES AND COMMERCE DEPARTMENT
M.S. BUILDING, BANGALORE - 560 001.
2. THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
REPRESENTED BY ITS
CHIEF FINANCE OFFICER
KHANIJA BHAVANA, 5TH FLOOR
RACE COURSE ROAD
BENGALURU - 560 001.
2
3. THE SPECIAL LAND ACQUISTITION OFFICER-II
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
1ST FLOOR, ARAVINDA BHAVAN,
NRUPATHUNGA ROAD,
BANGALORE - 560 001.
4. SRI. SHIVASHANKAR
S/O LATE SRI. RANGANNA
AGED ABOUT 56 YEARS
5. SRI. SIDDARAJU
S/O LATE SRI. RANGANNA
AGED ABOUT 48 YEARS
6. SRI. GANGADHAR
S/O LATE SRI. CHANNADEVARAYA
AGED ABOUT 45 YEARS
7. SRI. SHIVAKUMAR
S/O LATE SRI. CHANNADEVARAYA
AGED ABOUT 45 YEARS
8. SRI. JAYAPRAKASH
S/O LATE SRI. CHANNADEVARAYA
AGED ABOUT 40 YEARS
RESPONDENTS 4 TO 8 ARE RESIDENTS OF
OBALAPURA VILLAGE, THYAMAGONDLU HOBLI
NELAMANGALA TALUK,
BENGALURU RURAL DISTRICT - 562 123.
...RESPONDENTS
(BY SRI. R. SRINIVASA GOWDA, AGA FOR R1;
SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2 & R3;
V/O DATED10/1/23 NOTICE TO R4 TO R8 IS DISPENSED
WITH)
3
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
R3 TO NOT TO DISBURSE THE COMPENSATION AMOUNT TO
RESPONDENTS 4 TO 8 ANYBODY ARISING OUT OF ACQUISITION
OF LANDS IN SY.NO.57/1 MEASURING 2 ACRES 24 GUNTAS ,
SY.NO.57/2B MEASURING 32 GUNTAS AND SL.NO. 57/3
MEASURING 3 ACRES 16 GUNTAS OF OBALAPURA VILLAGE,
THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BENGALURU
RURAL DISTRICT; AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Petitioner is knocking at the doors of Writ Court
seeking an order to restrain the Respondent-KIADB ffrom
disbursing the compensation amount in respect of property
in acquisition. His learned counsel contends that he had
been already got treated as one of the Respondents in the
on going Partition suit in O.S. No.109/2021, pending on the
file of learned Senior Civil Judge, Nelamangala. Learned
counsel vehemently argues that unless the release of the
compensation is interdicted, there is all possibility of the
same being disbursed to persons who are not entitled to the
same and therefore, till the pending suit is decided, there
should be such interdiction.
2. Learned Panel Counsel appearing for the
Respondent - KIADB points out that the suit in question
admittedly is for a Partition Decree and therefore, whether
there should be interim relief of the kind or not should be
left to be decided by the Civil Court wherein the Petitioner
can move an appropriate application for relief of the kind.
He also submits that when such a suit itself is still pending,
the interference of the Writ Court is not called for.
3. Having heard the learned counsel for the parties
and having perused the Petition papers, this Court is
broadly in agreement with the submission made on behalf
of the Respondent-KIADB. Therefore, this Court declines
indulgence in the matter reserving liberty to the Petitioner
to move an application for interim order in the pending
Partition Suit. To facilitate such an exercise, the Respondent
- KIADB is requested not to disburse compensation to any
one for a period of two weeks from this day. All
contentions are kept open.
Registry shall send a copy of the judgment to the
private Respondents by Speed Post.
Costs made easy.
Sd/-
JUDGE
DS
