Karnataka High Court
Smt. H Jayamma vs State Of Karnataka on 15 January, 2025
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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NC: 2025:KHC:1549
WP No. 8524 of 2017
C/W WP No. 8522 of 2017
WP No. 8523 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 8524 OF 2017 (LA-KIADB)
C/W
WRIT PETITION NO. 8522 OF 2017 (LA-KIADB)
WRIT PETITION NO. 8523 OF 2017 (LA-KIADB)
IN WP No. 8524/2017
BETWEEN:
SMT. H. JAYAMMA
SINCE DEAD BY HER LRS.,
1a. SRI. P. DHANARAJ
S/O LATE V. PAPANNA
& H. JAYAMMA
AGED ABOUT 60 YEARS
NO.2, SEVEN HILLS,
SATISH NILAYA, 4TH FLOOR
Digitally
signed by 1ST MAIN, TALAKAVERI LAYOUT
SUMA B N
Location: High
AMRUTHAHALLI
Court of BANGALORE - 560 092.
Karnataka
1b. SRI. P. BABU
S/O LATE V. PAPANNA
& H. JAYAMMA
AGED ABOUT 58 YEARS
NO.71 B1, AREHALLI
GUDDADAHALLI
BASHETTIHALLI POST
DODDABALLAPUR TALUK
BANGALORE RURAL - 561 203.
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WP No. 8524 of 2017
C/W WP No. 8522 of 2017
WP No. 8523 of 2017
1c. SRI. P. GIRISH
S/O LATE V. PAPANNA
& H JAYAMMA
AGED ABOUT 52 YEARS
NO.2, SEVEN HILLS,
SATISH NILAYA, 4TH FLOOR
1ST MAIN, TALAKAVERI LAYOUT
AMRUTHAHALLI, BANGALORE - 560 092.
...PETITIONERS
(BY SRI. T. SESHAGIRI RAO.,ADVOCATE FOR P1(a) TO 1(c))
AND:
1. STATE OF KARNATAKA
BY ITS SECRETARY
DEPT. OF REVENUE AND COMMERCE
VIDHANA SOUDHA
BENGALURU-560 001.
2. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL
AREA DEVELOPMENT
CORPORATION (METRO RAIL PROJECT)
REACH-1A, NRUPATHUNGA ROAD
BENGALURU-560 001.
3. THE BENGALURU METRO RAIL
CORPORATION LTD.,
REP.BY ITS MANAGING DIRECTOR
HAVING ITS OFFICE AT
BMTC COMPLEX
3RD FLOOR, K H ROAD
SHANTHI NAGAR.
BENGALURU-560 027.
4. SRI H B SUDHEER
S/O H S BASAVARAJAPPA
AGED ABOUT 47 YEARS
SRI H S BASAVARAJAPPA
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WP No. 8524 of 2017
C/W WP No. 8522 of 2017
WP No. 8523 of 2017
5. SRI H S BASAVARAJAPPA
S/O LATE SUBBANNA
AGED ABOUT 75 YEARS
4 & 5 ARE R/AT NO.33
BASAVA KRUPA,
NANDI DURGA ROAD,
JAYAMAHAL, BENGALURU-560 046.
...RESPONDENTS
(BY SRI. SPOORTHY HEGDE N., HCGP FOR R1;
SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2;
SRI. K. KRISHNA, ADVOCATE FOR R3;
SRI. VARUN J. PATIL, ADVOCATE FOR R4 AND R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED 19.10.2016 VIDE ANNX-A ISSUED
BY R-2, DIRECT THE R-2 TO DEPOSIT THE COMPENSATION
AMOUNT BEFORE THE CIVIL COURT IN VIEW OF THE TITLE
DISPUTE PENDING BETWEEN THE PARTIES i.e., THE
AGREEMENT DATED.19.11.2016 VIDE ANNEX-J INDEMNITY
BOND DATED.19.11.2016 VIDE ANNEX-K, THE AGREEMENT
DATED.19.11.2016 VIDE ANNEX-L AND ETC.
IN WP NO. 8522/2017
BETWEEN:
1a SMT. H. JAYAMMA
SINCE DEAD BY HER LRS.,
SRI. P. DHANARAJ
S/O LATE V. PAPANNA
& H. JAYAMMA
AGED ABOUT 60 YEARS
NO.2, SEVEN HILLS,
SATISH NILAYA, 4TH FLOOR
1ST MAIN, TALAKAVERI LAYOUT
AMRUTHAHALLI
BANGALORE - 560 092.
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WP No. 8524 of 2017
C/W WP No. 8522 of 2017
WP No. 8523 of 2017
1b. SRI. P. BABU
S/O LATE V. PAPANNA
& H. JAYAMMA
AGED ABOUT 58 YEARS
NO.71 B1, AREHALLI
GUDDADAHALLI
BASHETTIHALLI POST
DODDABALLAPUR TALUK
BANGALORE RURAL - 561 203.
1c. SRI. P. GIRISH
S/O LATE V. PAPANNA
& H JAYAMMA
AGED ABOUT 52 YEARS
NO.2, SEVEN HILLS,
SATISH NILAYA, 4TH FLOOR
1ST MAIN, TALAKAVERI LAYOUT
AMRUTHAHALLI
BANGALORE - 560 092.
...PETITIONERS
(BY SRI. T. SESHAGIRI RAO., ADVOCATE FOR P1(a) TO 1(c))
AND:
1. STATE OF KARNATAKA
BY ITS SECRETARY,
DEPT OF REVENUE & COMMERCE,
VIDHANA SOUDHA
BENGALURU-560 001.
2. THE SPECIAL LAND ACQUISITON OFFICER
KARNATAKA INDUSTRIAL AREA DEVELOPMENT
CORPROATON (METRO RAIL PROJECT)
REACH-1A, NRUPATHUNGA ROAD
BENGALURU-560 001.
3. THE BENGALURU METRO RAIL
CORPORATION LTD
REP BY ITS MANAGING DIRECTOR
HAVING ITS
-5-
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WP No. 8524 of 2017
C/W WP No. 8522 of 2017
WP No. 8523 of 2017
OFFICE AT BMTC COMPLEX
3RD FLOOR, K.H.ROAD
SHANTHI NAGAR,
BENGALURU-560 027.
4. SRI N. SRINIVASA REDDY
S/O LATE T NARAYANA REDDY
AGED BOUT 65 YEARS,
R/AT NO.89, 4TH CROSS,
GOKULA 3RD STAGE
MYSURU-570 002.
5. SRI. N. THIMMA REDDY
S/O LATE T NARYANA REDDY
AGED ABOUT 62 YEARS,
R/AT NO.57, 4TH MAIN,
DOMLUR 2ND STAGE
BENGALURU-560 071.
6. SRI N GOPAL REDDY
S/O LATE T NARYANA REDDY
AGED ABOUT 55 YEARS,
R/AT NO.2,
MUTHASANDRA VIA VARTHUR
BENGALURU-560 087.
...RESPONDENTS
(BY SRI. SPOORTHY HEGDE N., HCGP FOR R1;
SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2;
SRI. K. KRISHNA, ADVOCATE FOR R3;
SRI. J.V. CHANDRA SHEKAR, ADVOCATE FOR R4 TO R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED.19.10.2016/ 20.10.2016 VIDE
ANNEX-A. DIRECT THE R-2 TO DEPOSIT THE COMPENSATION
AMOUNT BEFORE THE CIVIL COURT IN VIEW OF THE TITLE
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NC: 2025:KHC:1549
WP No. 8524 of 2017
C/W WP No. 8522 of 2017
WP No. 8523 of 2017
DISPUTE PENDING BETWEEN THE PARTIES I.E., THE
AGREEMENT DATED.23.11.2016 VIDE ANNEX-G1 TO G3
INDEMNITY BOND DATED 23.11.2016 VIDE ANNEX-H1 TO H3
AND AGREEMENT DATED 23.11.2016 VIDE ANNEX-J1 TO J3.
IN WP NO. 8523/2017
BETWEEN:
SMT. H. JAYAMMA
SINCE DEAD BY HER LRS.,
1a. SRI. P. DHANARAJ
S/O LATE V. PAPANNA
& H. JAYAMMA
AGED ABOUT 60 YEARS
NO.2, SEVEN HILLS,
SATISH NILAYA, 4TH FLOOR
1ST MAIN, TALAKAVERI LAYOUT
AMRUTHAHALLI
BANGALORE - 560 092.
1b. SRI. P. BABU
S/O LATE V. PAPANNA
& H. JAYAMMA
AGED ABOUT 58 YEARS
NO.71 B1, AREHALLI
GUDDADAHALLI
BASHETTIHALLI POST
DODDABALLAPUR TALUK
BANGALORE RURAL - 561 203.
1c. SRI. P. GIRISH
S/O LATE V. PAPANNA
& H JAYAMMA
AGED ABOUT 52 YEARS
NO.2, SEVEN HILLS,
SATISH NILAYA, 4TH FLOOR
1ST MAIN, TALAKAVERI LAYOUT
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C/W WP No. 8522 of 2017
WP No. 8523 of 2017
BANGALORE - 560 092.
...PETITIONERS
(BY SRI. T. SESHAGIRI RAO.,ADVOCATE FOR P1(a) TO 1(c))
AND:
1. STATE OF KARNATAKA
BY ITS SECRETARY
DEPT. OF REVENUE & COMMERCE,
VIDHANA SOUDHA,
BENGALURU 560 001.
2. THE SPECIAL LAND ACQUISITION OFFICER
KAWRNATAKA INDUSTRIAL
AREA DEVELOPMENT
CORPORATION
(METRO RAIL PLROJECT)
REACH-1A, NRUPATHUNGA ROAD,
BENGALURU 560 001.
3. THE BENGALURU METRO RAIL
CORPORATIN LTD.,
REP. BY ITS MANAGING
DIRECTOR HAVING ITS OFFICE AT
BMTC COMPLEX,
3RD FLOOR, K.H. ROAD,
SHANTHI NAGAR,
BENGALURU 560 027.
4. SMT. T.N. BHAGYA
W/O T.C. NAGARAJ,
AGED ABOUT 57 YEARS,
R/AT NO.274/K128,
13TH MAIN ROAD, HAL III STAGE,
BENGALURU 560 008.
...RESPONDENTS
(BY SRI. SPOORTHY HEGDE N., HCGP FOR R1;
SRI. P.V. CHANDRASHEKAR.,ADVOCATE FOR R2;
SRI. K. KRISHNA, ADVOCATE FOR R3;
SRI. VARUN J PATIL, ADVOCATE FOR R4)
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WP No. 8524 of 2017
C/W WP No. 8522 of 2017
WP No. 8523 of 2017
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF CONSITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED 02.11.2016 VIDE ANNEXURE-A,
DIRECT THE R-2 TO DEPOSIT THE COMPENSATION AMOUNT
BEFORE THE CIVIL COURT IN VIEW OF THE TITLE DISPUTE
PENDING BETWEEN THE PARTIES I.E., THE AGREEMENT
DATED.28.11.2016 VIDE ANNEX-G INDEMNITY BOND DATED
28.11.2016 VIDE ANNEX-H AGREEMENT DATE: 28.11.2016 VIDE
ANNEXURE J AND ETC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL ORDER
Learned counsel for the petitioners submits that
present petitions were filed in view of the claims and
counter claims made in O.S.No.1754/2006. That the said
suit has been disposed of on 26.04.2019, against which an
appeal in RFA No.1570/2019 was filed, the same is also
disposed of by the Coordinate Bench of this Court vide
order dated 05.03.2021. As against the same a special
leave petition in Spl.L.P (C) No.4851/2022 was filed which
also has been dismissed confirming the judgment and
order passed by the Trial Court as well as the order passed
by this Court. In that view of the matter, counsel for the
NC: 2025:KHC:1549
petitioner submits present petitions have become
infructuous.
In view of the above, petitions are dismissed as
having become infructuous.
SD/-
(M.G.S. KAMAL)
JUDGE
RU
