The Special Land Acquisition Officer vs Sri M Muralidhar
2024 Latest Caselaw 10632 Kant

Karnataka High Court

The Special Land Acquisition Officer vs Sri M Muralidhar on 18 April, 2024

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

                                                       -1-
                                                                    NC: 2024:KHC:15475
                                                               WP No. 10825 of 2024



                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                  DATED THIS THE 18TH DAY OF APRIL, 2024

                                                  BEFORE

                              THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

                                 WRIT PETITION NO. 10825 OF 2024 (GM-CPC)

                      BETWEEN:

                      1.     THE SPECIAL LAND ACQUISITION OFFICER
                             KIADB
                             (BENGALURU INTERNATIONAL AIRPORT)
                             NO.14/3, 2ND FLOOR,
                             RP BUILDING
                             NRUPATHUGNA ROAD
                             BENGALURU - 560 001

                             PRESENTLY THE SPECIAL LAND
                             ACQUISITION OFFICER
                             KIABD, 5TH FLOOR,
                             KHANIJA BHAVAN
                             RACE COURSE ROAD
                             BENGALURU - 560 001

                      2.     THE KARNATAKA INDUSTRIAL AREAS
                             DEVELOPMENT BOARD
                             NO.49, 4TH FLOOR
Digitally signed by
                             KHANIJA BHAVAN, EAST WING
LEELAVATHI S R               RACE COURSE ROAD
Location: HIGH               BENGALURU - 560 001
COURT OF                     REP BY ITS SECRETARY
KARNATAKA
                                                                         ...PETITIONERS
                      (BY SRI.P.V.CHANDRASHEKAR, ADVOCATE)

                      AND:

                      1.     SRI M.MURALIDHAR
                             S/O LATE MUNISHAMAPPA
                             AGED ABOUT 56 YEARS
                             R/A BUVANAHALLI VILLAGE
                             DEVANAHALLI TALUK
                             BENGALURU - 562 110

                      2.     KARNATAKA STATE INDUSTRIAL AND
                             INFRASTRUCTURE DEVELOPMENT
                                      -2-
                                                       NC: 2024:KHC:15475
                                                   WP No. 10825 of 2024



     CORPORATE LIMITED
     4TH FLOOR, KHANIJA BHAVAN
     RACE COURSE ROAD
     BENGALURU - 560 001
     REP. BY ITS MANAGING DIRECTOR

3.   THE STATE OF KARNATAKA
     DEPARTMENT OF INFRASTRUCTURE
     DEVELOPMENT PORTS AND INLAND
     WATER TRANSPORT DEPARTMENT
     VIKASA SOUDHA,
     DR B.R.AMBEDKAR ROAD
     BENGALURU - 560 001
     REP. BY ITS SECRETARY
                                                             ...RESPONDENTS
(BY SRI. B.S.GURUSWAMY, AGA)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE VERY SINGLE
EXECUTION PETITION FILED BY THE R-1/CLAIMANT IN EXECUTION IN
26/2022 ARISING OUT OF JUDGMENT IN LAC 186/2006 WITHOUT
INDIVIDUAL    DECREE/AWARD           PASSED      IN    LAC     186/2006      AND
REGISTRATION OF THE SAME ON THE FILE OF HON'BLE PRINCIPAL
SENIOR CIVIL JUDGE DEVANAHALLI AT ANNEXURE-A IS WITHOUT
AUTHORITY OF LAW, NOT MAINTAINABLE AND CONSEQUENTLY QUASH
THE ENTIRE PROCEEDINGS IN EX 26/2022 IN LAC 186/2006 AT
ANNEXURE-D & ETC.

      THIS   PETITION,     COMING       ON    FOR     ORDERS,       THIS     DAY,
THE COURT MADE THE FOLLOWING:


                                  ORDER

In this petition, the petitioner seeks the following reliefs:

"a). Declare that, the very single execution petition filed by the R-1 / claimant in Execution in 26/2022 arising out of judgment in LAC 186/2006 without individual decree/award passed in LAC 186/2006 and registration of the same on the file of Hon'ble Principal Senior Civil Judge, Devanahalli at Annexure-A is

NC: 2024:KHC:15475

without authority of law, not maintainable, and consequently quash the entire proceedings in Ex 26/2022 in LAC 186/2006 at Annexure-D;

b) Issue a writ of certiorari or any other writ of similar nature or order or direction and to quash the order dated 05.03.2024 passed in Execution in 26/2022 on the file of Prl. Senior Civil Judge and JMFC, Devanahalli at Annexure-D.

c) To pass any other order or to grant relief/s as this Hon'ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice and equity."

2. A perusal of the various contentions urged in the

petition will indicate that the petitioners question the registration of

the execution proceedings, maintainability of the execution petition

filed by respondent No.1/decree holder as well as the jurisdiction of

the Executing Court to proceed further as against the petitioner,

who are arrayed as judgment debtors 1 and 2 in the execution

proceedings. It is however a matter of record that the petitioners

have not filed statement of objections to the main Execution

Petition.

3. Under these circumstances, I decline to interfere with the

execution proceedings at this stage and dispose off

this petition by reserving liberty in favour of the petitioners

to file statement of objections and to take up all contentions,

NC: 2024:KHC:15475

which shall be considered by the Executing Court after hearing

both the parties, in accordance with law.

All rival contentions between the parties are kept open and

no opinion is expressed on the same.

Subject to the aforesaid directions, petition stands

disposed off.

Sd/-

JUDGE

AV