Karnataka High Court
Amarappa vs The Krishna Bhagya Jalanigama Limted ... on 6 August, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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WP No. 201872 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.201872 OF 2024 (GM-CPC)
BETWEEN:
AMARAPPA
S/O NANDAPPA HUGAR
AGED ABOUT 59 YEARS
OCC: AGRICULTURE
R/O HUNSAGI VILLAGE
TALUKA SHORAPUR
DIST. YADAGIRI-585215
...PETITIONER
(BY SRI. AMEET JAYANTHKUMAR HATTI, ADVOCATE)
AND:
Digitally signed by 1. THE KRISHNA BHAGYA JALANIGAMA LIMITED
BASALINGAPPA
SHIVARAJ THROUGH THE EXECUTIVE ENGINEER
DHUTTARGAON
Location: HIGH KBJNL DIVISION HUNSIGI
COURT OF TQ: SHORAPUR
KARNATAKA
DIST: YADAGIRI-585215.
2. BASSAPPA
S/O HANMAPPA DANGI
AGE: 50 YEARS
OCC: AGRICULTURE
R/O HUNSAGI VILLAGE
TALUK SHORAPUR
DIST: YADAGIRI-585215.
3. PRABHUGOUDA
S/O LATE BASWANTRAYA GOUDA,
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WP No. 201872 of 2024
AGE: 33 YEARS
OCC: AGRICULTURE
R/O LAKKUNDI VILLAGE,
TQ: TALIKOTI,
DIST.VIJAYAPURA-586214.
4. SANGAMMA
D/O LATE BASWANTRAYAGOUDA,
W/O SHANTAGOUDA
AGE: 31 YEARS, OCC: HOUSEHOLD,
R/O AGTIRTH VILLAGE,
TQ. HUNSIGI, DIST. VIJAYPURA- 585215
5. SHIVABAI
D/O LATE. BASWANTRAYAGOUDA,
AGE: 29 YEARS, OCC: HOUSEHOLD,
R/O LAKKUNDI VILLAGE,
TQ. TALIKOTI, DIST. VIJAYPURA-586214
6. SHARANABASSAPPA
S/O YANKANNA DIGGAVI,
AGE: 63 YEARS, OCC: AGRICULTURE,
R/O KEMBHAVI VILLAGE,
TQ. SHORAPUR, DIST. YADAGIRI- 585216
7. SHARANAGOUDA
S/O SHANTAGOUDA PATIL,
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O WAJJAL VILLAGE,
TQ. SHORAPUR, DIST. YADAGIRI- 585224
8. LAXMI W/O
LATE. BASWANTRAYAGOUDA,
AGE: 48 YEARS, OCC: HOUSEHOLD,
R/O CHANNUR VILLAGE,
TQ. SHORAPUR,
DIST. YADAGIRI- 585224
9. PRASHANT
S/O LATE. BASWANTRAYAGODA,
AGE: 28 YEARS, OCC: STUDENT,
R/O CHANNUR VILLAGE,
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WP No. 201872 of 2024
TQ. SHORAPUR,
DIST. YADAGIRI- 585224
10. PRADEEP
S/O LATE. BASWANTRAYAGOUDA,
AGE: 21 YEARS, OCC: STUDENT,
R/O CHANNUR VILLAGE,
TQ. SHORAPUR,
DIST. YADAGIRI-585224
11. AADAPPAGOUDA
S/O DEVAREDDY NAWADAGI
AGE: 46 YEARS,
OCC: AGRICULTURE,
R/O HUNSIGI VILLAGE
TQ: SHORAPUR,
DIST: YADAGIRI-585215.
12. NANAGOUDA S/O SANGANAGOUDA
AGE: 43 YEARS, OCC: AGRICULTURE,
R/O HUNSIGI VILLAGE
TQ: SHORAPUR,
DIST: YADAGIRI-585215.
13. THE SECRETARY
GRAM PANCHAYAT, HUNSAGI
HUNSAGI VILLAGE,
TQ: SHORAPUR,
DIST: YADGIRI-585215.
...RESPONDENTS
(BY SRI KRUPA SAGAR PATIL, ADVOCATE FOR R1;
NOTICE TO R2 TO R13 DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ORDER DATED 04.06.2024 PASSED ON IA NO.XVII IN O.S.NO.
226/2009 ON THE FILE OF CIVIL JUDGE AND JMFC, SHORAPUR
THE CERTIFIED COPY OF WHICH IS AT ANNEXURE-F AND
FURTHER ALLOW THE INTERIM APPLICATION AS PRAYED FOR,
IN THE INTEREST OF JUSTICE.
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WP No. 201872 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
(PER: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. Petitioner is before this Court seeking for the
following reliefs.
i. Quash the order dated 04.06.2024
passed on IA No.XVII in
O.S.No.226/2009 on the file of Civil
Judge and JMFC, Shorapur the certified
copy of which is at Annexure-F, and
further allow the interim application as
prayed for, in the interest of justice.
ii. Pass any other writ or order or direction
may be deemed fit on the facts and
circumstances of case, in the interest of
justice and equity.
2. Notice to respondent Nos.2 to 13 is dispensed with in
view of the proposed order to be passed.
3. Respondent No.1 had filed a suit in O.S.No.226/2009
seeking for a perpetual injunction against the
defendants therein from interfering with the peaceful
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possession, enjoyment of the suit schedule property
by the plaintiff.
4. The contention of the plaintiff was that the land had
been acquired by the State, the beneficiary being the
plaintiff and the plaintiff being in possession. The
possession in respect of the said property was sought
to be interfered with. The petitioner herein filed an
application in I.A.No.17 seeking to be impleaded as a
party defendant, contending that the petitioner had
an interest in the property. Though the claim of
acquisition has been made, compensation has not
been paid and as such, it was contended that the
petitioner having an interest in the property ought to
be impleaded as a party defendant. The said
application was opposed by the plaintiff and came to
be rejected by the trial court. Challenging the said
order that the petitioner is before this Court.
5. The contention of the learned counsel for the
petitioner Sri.Ameet J. Hatti, is that the petitioner
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has an interest in the property being owner of a
portion of the property measuring 01 acre 26 guntas.
The petitioner has not been paid the compensation.
The property subject matter of the suit including the
property belonging to the petitioner, the rights of the
petitioner would be affected by any order that is
passed.
6. Having heard the learned counsel for the petitioner,
it is clear that the suit being one for a bare injunction
restraining the defendants therein from interfering
with the possession of the plaintiff, there is no order
which is sought for against the petitioner and as
such, the petitioner would not be bound by any order
or judgment passed in the said suit.
7. Insofar as the contention of the petitioner that
compensation has not been paid, if that is the
grievance of the petitioner, the remedy of the
petitioner lies elsewhere and not by seeking to
implead himself in a suit for bare injunction.
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8. In that view of the matter, reserving liberty to the
petitioner to approach the appropriate forum for
release of compensation, the petition stands
disposed of.
Sd/-
(SURAJ GOVINDARAJ)
JUDGE
VNR
CT: RBM
