Karnataka High Court
Andanagouda S/O Sangangouda Goudar vs The Additional Special Land ... on 18 April, 2024
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NC: 2024:KHC-D:6517
WP No. 101174 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MRS. JUSTICE M.G.UMA
WRIT PETITION NO.101174/2024(LA-RES)
BETWEEN:
ANDANAGOUDA
S/O. SANGANGOUDA GOUDAR,
AGE: 74 YEARS, OCC: AGRICULTURE,
R/O: SHIRUR,
TQ. AND DIST: BAGALKOTE - 587 120.
...PETITIONER
(BY SRI VIJAYENDRA BHIMAKKANAVAR, ADVOCATE)
AND:
1. THE ADDITIONAL SPECIAL
LAND ACQUISITION OFFICER,
UPPER KRISHNA PROJECT NO. 1,
NAVANAGAR, BAGALKOTE,
Digitally
DIST: BAGALKOTE - 587 120.
signed by
MANJANNA E
Location: 2. THE DEPUTY COMMISSIONER,
High Court of
Karnataka NAVANAGAR, BAGALKOTE,
DIST: BAGALKOTE - 587 120.
3. SHEKHARAGOUDA
S/O. SANGANGOUDA GOUDAR,
AGE: 70 YEARS, OCC: AGRICULTURE,
R/O: REVADIHAL VILLAGE,
TQ: HUNAGUND,
DIST: BAGALKOTE - 587 125.
4. MALLANGOUDA
S/O. SANGANGOUDA GOUDAR,
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NC: 2024:KHC-D:6517
WP No. 101174 of 2024
AGE: 68 YEARS,
OCC: AGRICULTURE,
R/O: REVADIHAL VILLAGE,
TQ: HUNAGUND
DIST: BAGALKOTE - 587 125.
...RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR RESP. NO.1 AND 2)
(NOTICE TO RESPONDENTS NO.3 AND 4 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE WRIT IN THE NATURE OF MANDAMUS/DIRECTION TO
THE COURT OF SENIOR CIVIL JUDGE AND JMFC, HUNGUND TO
CONSIDER THE PASS APPROPRIATE ORDERS ON THE
APPLICATION VIDE ANNEXURE-J AND THEREBY FURTHER
KINDLY DIRECT THE EXECUTING COURT FOR PAYMENT OF
COMPENSATION OF RS.32,52,406/- ALONG WITH INTEREST
DEPOSITED IN FDR NO.5/2023-24 OF CANARA BANK,
HUNGUND, IN THE INTEREST OF JUSTICE AND EQUITY. ISSUE
APPROPRIATE DIRECTIONS, DIRECTING THE OFFICE OF THE
COURT OF SENIOR CIVIL JUDGE AND JMFC, HUNGUND TO
RELEASE RS.32,52,406/- ALONG WITH THE INTEREST KEPT IN
FIXED DEPOSIT BEARING FDR NO.5/2023-24 OF CANARA
BANK, HUNGUND, IN THE INTEREST OF JUSTICE AND EQUITY
AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
- B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:6517
WP No. 101174 of 2024
ORDER
Petitioner has approached this Court seeking grant of
writ in the nature of mandamus directing the Senior Civil
Judge and JMFC, Hungund (for short, 'the Trial Court') to
consider and pass appropriate orders on the application
produced as per Annexure-J in Execution Case No.16/2021
for the purpose of releasing the amount that was deposited
by respondent No.1.
2. Heard Sri Vijayendra Bhimakkanavar learned counsel
appearing for the petitioner and Smt. Kirtilata R. Patil
learned HCGP appearing for respondents No.1 and 2.
3. Learned counsel for the petitioner submitted that the
petitioner is the Decree Holder No.1, who was claimant
before the Trial Court along with respondents No.3 and 4.
There was a compromise between claimants in the suit
O.S.No.35/2023 and they agreed to apportion the
compensation in terms of the compromise. The suit
O.S.No.35/2023 was accordingly decreed. Execution Case
No.16/2021 was filed by the Decree Holders against
respondent No.1. Respondent No.1 being the Judgment
NC: 2024:KHC-D:6517
Debtor deposited the compensation amount before the Trial
Court in terms of the compromise decree. The petitioner is
entitled for the said amount. Therefore, he filed the
application as per Annexure-J, seeking payment of the
deposited amount. The said application is not being
considered by the Executing Court on the ground that
respondent No.4 being the Decree Holder No.3 is not
appearing before the Court. Since respondent No.4 has
already received his part of compensation, he is not
appearing before the Executing Court. Under such
circumstances, the petitioner has approached this Court
seeking a direction. Accordingly, he prays for allowing the
petition.
4. Learned HCGP appearing for respondents No.1 and 2
submitted that the dispute is inter se between the Decree
Holders, who are the claimants. Respondent No.1 has
nothing to do with the same as the compensation amount of
Rs.32,52,406/- is already deposited and it is for the Court to
pass orders. Hence, she prays for passing appropriate
orders.
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5. Perused the material on record.
6. As per the contention taken by the petitioner, the
suit O.S.No.35/2023 was filed for partition and separate
possession. The same was decreed in terms of the
compromise petition. The very same property said to have
been acquired and respondent No.1 has deposited the
compensation amount. According to the petitioner, he is
entitled for the said amount and filed an application as per
Annexure-J. Annexure-J is dated 27.06.2023. It is also
stated that till date no order is passed on the said
application. I do not find any reason to keep the application
pending as it is stated that respondent No.3 has submitted
no objection for allowing the application and for paying the
amount to the petitioner. The Executing Court is required to
consider the compromise decree and determine the
entitlement of the petitioner for the compensation amount.
The Court cannot indefinitely wait for respondent No.4 who is
Decree Holder No.3, to appear before the Court and submit
his no objection. Therefore, I am of the opinion that petition
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is liable to be allowed. Accordingly, I proceed to pass the
following :
ORDER
(i) Petition is allowed.
(ii) The Executing Court is directed to consider
the application Annexure-J filed by the
petitioner for payment of amount of
Rs.32,52,406/- in Execution Case
No.16/2021 in accordance with law within a
period of 30 days from the date of receipt of
certified copy of this order.
SD/-
JUDGE
CKK/CT-ASC
