Karnataka High Court
Sri. Bhanupratap vs State Of Karnataka on 1 April, 2025
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
-1-
NC: 2025:KHC:13519
WP No. 25886 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF APRIL, 2025
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO. 25886 OF 2024 (GM-CPC)
BETWEEN:
SRI BHANUPRATAP,
S/O K.B.GOWDA,
AGED ABOUT 40 YEARS,
R/A MUNIYAPALYA VILLAGE, KITNAMANGALA POST,
KASABA HOBLI, KUNIGAL TALLUK, TUMKUR,
KARNATAKA.
...PETITIONER
(BY SRI P P HEGDE, SENIOR COUNSEL FOR
SRI VENKATESH SOMAREDDY, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REP. BY CHIEF SECRETARY
Digitally signed
by GOVERNMENT OF KARNATAKA,
HARIKRISHNA DEPARTMENT OF WATER RESOURCES,
V
Location: HIGH VIDHANA SOUDHA, BANGALORE-560 001.
COURT OF
KARNATAKA
2. THE SPECIAL LAND ACQUISITION OFFICER,
HEMAVATHI CHANNEL DIVISION,
TUMKUR-572 101.
3. THE CHIEF ENGINEER,
HEMAVATHI NALA DIVISION,
TUMKUR-572 101.
...RESPONDENTS
(BY SMT. ANITHA.N, AGA FOR R-1 & R-2)
-2-
NC: 2025:KHC:13519
WP No. 25886 of 2024
THIS WP IS FILED UNDER ARTICLE 227 OF
CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT 2 AND 3 TO DEPOSIT THE COMPENSATION
AMOUNTS COVERED BY EXECUTION PETITION AS EX. C NO.
39/2023 ON THE FILE SENIOR CIVIIL JUDGE AND CJM AT
TUMKUR VIDE ANNX-D WITHIN THE TIME FIXED BY THIS
HON'BLE COURT AND DIRECT THE RESPONDENTS TO REPORT
COMPLIANCE BEFORE THIS HON'BLE COURT ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
1. Learned Additional Government Advocate undertakes
to appear for respondent Nos. 1 and 2.
2. This petition is filed by the petitioner seeking for a
direction to the Executing Court to execute the attachment
warrant issued by the Executing Court by order dated
02-12-2023.
3. The petitioner is a decree holder and has filed
Execution Petition in EP No.39/2023 before the Principal
Senior Civil Judge and CJM at Tumkur on 27-02-2023. The
Executing Court has issued notice to the judgment
NC: 2025:KHC:13519
debtors. On 17-06-2023, it is noted that notice was duly
served on the judgment debtors 1 and 2 and none
appeared. Attachment of immoveable warrant has been
issued against the judgment debtors. Thereafter, the
judgment debtors have been represented by the counsel
who seeks time to file objections. To file objections, the
matter was adjourned to 19-08-2023. Again, the learned
counsel for judgment debtors prayed for time and
therefore, adjourned to 30-09-2023. Even on 30-09-2023
and on 02-12-2023, objections have not been filed.
Again, they sought for time to file objections. Their
request has been rejected. Again process has been paid to
issue attachment of moveables of warrant against
judgment debtors. Thereafter, the matter has been posted
on 02-03-2024, 20-04-2024 and on 20-07-2024. But as
on today, the order dated 02-12-2023 has not been
executed. Therefore, the petitioner decree/ holder is
before this Court.
NC: 2025:KHC:13519
4. As the Executing Court has already passed an order
on 02-12-2023 issuing attachment of moveables warrant
against the judgment debtors and sofar, the same has not
been executed. In view of the above, without expressing
any opinion on merits of the case, the Executing Court is
directed to execute the order dated
02-12-2023 issued for attachment of moveable against the
judgment debtors, as expeditiously as possible, not later
than, six weeks from the date of receipt of the copy of this
order.
5. Accordingly, the writ petition is disposed of.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
tsn*
