Karnataka High Court
Smt Shanthamma W/O Huchappa vs Shri Vaddina Aallappa S/O Vaddina ... on 24 March, 2025
Author: S G Pandit
Bench: S G Pandit
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WA No. 100017 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 24TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT APPEAL NO.100017 OF 2025 (LA-KIADB)
BETWEEN:
1. SMT. SHANTHAMMA W/O. HUCHAPPA,
AGED ABOUT 60 YEARS,
RESIDING AT VENIVEERAPUR VILLAGE,
BALLARI TALUK AND DISTRICT-583101.
2. SMT. NAGAMMA W/O. HUCHAPPA,
AGED ABOUT 55 YEARS,
RESIDING AT VENIVEERAPUR VILLAGE,
BALLARI TALUK AND DISTRICT-583101.
3. SRI THIPPESWAMY SB HUCHAPPA,
AGED ABOUT 32 YEARS,
RESIDING AT VENIVEERAPUR VILLAGE,
BALLARI TALUK AND DISTRICT-583101.
Digitally signed by
MALLIKARJUN
RUDRAYYA
KALMATH 4. SMT. RUDRAVENI W/O. RAGHAVENDRA,
Location: HIGH
COURT OF
AGED ABOUT 29 YEARS,
KARNATAKA RESIDING AT MUDDATNUR VILLAGE,
SIRUGUPPA TALUK, BALLARI DISTRICT-583101.
5. SMT. SHIVARUDRAMMA W/O. RAJASHEKAR,
AGED ABOUT 27 YEARS,
RESIDING AT CHAGANUR VILLAGE,
BALLARI TALUK AND DISTRICT-583101.
6. SRI HONNUR SWAMY SB HUCHAPPA,
AGED ABOUT 25 YEARS,
RESIDING AT VENIVEERAPUR VILLAGE,
BALLARI TALUK AND DISTRICT-583101.
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WA No. 100017 of 2025
7. SRI POMPAPATHI W/O. HUCHAPPA,
AGED ABOUT 24 YEARS,
RESIDING AT VENIVEERAPUR VILLAGE,
BALLARI TALUK AND DISTRICT-583101.
SRI SHIVANNA W/O. LATE KORIBASAPPA
SINCE DECEASED REP. BY LR'S.
8. SMT. TIPPAMMA W/O. LATE. SHIVANNA
AGE: 70 YEARS, OCC: HOUSEHOLD WORK
R/O: VENIVEERAPUR VILLAGE, H.B. HALLI,
BALLARI-583 115.
9. SMT. UMADEVI W/O. SANNA GADILINGAPPA
AGE: 40 YEARS, OCC: HOUSEHOLD WORK,
R/O: KAKKABEVINAHALLI VILLAGE, H.B. HALLI,
BALLARI-583 103.
10. SRI. ANJINI K. S/O. LATE. SHIVANNA
AGE: 45 YEARS, OCC: AGRICULTURIST,
R/O: VENIVEERAPUR VILLAGE, H.B. HALLI,
BALLARI-583 115.
11. SRI. K. MURTHI S/O. LATE. SHIVANNA,
AGE: 43 YEARS, OCC: AGRICULTURIST
R/O: VENIVEERAPUR VILLAGE, H.B. HALLI,
BALLARI-583 115.
12. SMT. JYOTHI N.K. W/O. NILAKANTHA K.,
AGE: 38 YEARS, OCC: HOUSEHOLD WORK,
R/O: RAMASWAMY GUID HATTIRA, SANDUR
POST. SANDUR, BALLARI-583 119.
13. SMT. H.K. NANDINI W/O. H.K. SHIVARAJA,
AGE: 31 YEARS, OCC: HOUSEHOLD WORK,
R/O: TALAWARA PETE, EMMIGANUR,
H.B. HALLI, BALLARI-583 113.
14. SRI. K. BASAVARAJ S/O. LATE. SHIVANNA,
AGE: 32 YEARS, OCC: AGRICULTURIST,
R/O: VENIVEERAPUR VILLAGE, H.B. HALLI,
BALLARI-583 115.
...APPELLANTS
(BY SRI MALLIKARJUNSWAMY B.HIREMATH, ADVOCATE)
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WA No. 100017 of 2025
AND:
1. SHRI VADDINA AALLAPPA
S/O. VADDINA SIDDAPPA,
AGED ABOUT 77 YEARS,
RESIDING AT JANEKUNTE VILLAGE,
BALLARI TALUKA AND DISTRICT.
2. SHRI VADDINA RAMAPPA
S/O. VADDINA SIDDAPPA,
AGED ABOUT 74 YEARS,
RESIDING AT JANEKUNTE VILLAGE,
BALLARI TALUKA AND DISTRICT.
3. SHRI VADDINA SIDDALINGAPPA
S/O. VADDINA SIDDAPPA,
AGED ABOUT 71 YEARS,
RESIDING AT JANEKUNTE VILLAGE,
BALLARI TALUKA AND DISTRICT.
4. SHRI G. MALLESHAPPA
S/O. LATE CHANNAPPA,
AGED ABOUT 82 YEARS,
RESIDING AT VINAYAKA NAGAR,
WARD NO.30, HOPAPETA ROAD,
BALLARI.
SRI G. SANNA MALLESHAPPA
S/O. LATE CHANNAPPA
SINCE DECEASED BY HIS LRS
5. SMT. K. NAGARTNAMMA
W/O. K. LATE SANNA MALLESHAPPA
AGE: 68 YEARS, OCC: HOUSEHOLD WORK,
RESIDING AT VINAYAKA NAGAR,
WARD NO.30, HOSAPETE ROAD,
BALLARI-583 104.
6. K. MALLIKARJUN
S/O. K. LATE SANNA MALLESHAPPA
AGE: 53 YEARS, OCC: AGRICULTURIST,
RESIDING AT VINAYAKA NAGAR,
WARD NO.30, HOSAPETE ROAD,
BALLARI-583 104.
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7. K. SHRISHAIL
S/O. K. LATE SANNA MALLESHAPPA,
AGE: 48 YEARS, OCC: AGRICULTURIST,
RESIDING AT VINAYAKA NAGAR,
WARD NO.30, HOSAPETE ROAD,
BALLARI-583 104.
8. SMT. SHRIDEVI W/O. K. SHIVARAMAPPA,
AGE: 47 YEARS, OCC: HOUSEHOLD WORK,
RESIDING AT GABBUR, KUTAGANAHALLI,
KOPPAL - 583 228.
9. K. ANJINEYA
S/O. K. LATE SANNA MALLESHAPPA,
AGE: 42 YEARS, OCC: AGRICULTURIST,
RESIDING AT VINAYAKA NAGAR,
WARD NO.30, HOSAPETE ROAD,
BALLARI-583 104.
SRI CHANNABASAPPA
S/O. LATE CHANNAPPA,
SINCE DECEASED HIS BY LRS
10. K. LAKSHMDIVI
W/O. LATE CHANNA BASAPPA,
AGED ABOUT 74 YEARS,
R/O: MANDA GOWDRA ONI,
VENIVEERAPURA, HAGARIBOMMANAHALLI,
BALLARI-583115.
11. B. JAYALAKSHIM
W/O. BSHANKARAPPA,
AGED ABOUT 48 YEARS,
R/O: MANDA GOWDRA ONI,
VENIVEERAPURA, HAGARIBOMMANAHALLI,
BALLARI-583115.
12. K. JAGANNATHA
S/O. CHANNABASAPPA,
AGED ABOUT 44 YEARS,
R/O: MAIN ROAD, NEAR ANGANAVADI SHALE,
VENIVEERAPURA, BALLARI-583115.
13. SMT. DEVI
W/O. SRI LAKSHI PRASANNA,
AGED ABOUT 46 YEARS,
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WA No. 100017 of 2025
R/O: WARD NO.17, BISALA HALLI,
HAGARIBOMMANAHALLI,
BALLARI-583103.
14. K.BABU S/O. CHANNABASAPPA,
AGED ABOUT 41 YEARS,
R/O: MANDA GOWDRA ONI,
VENIVEERAPURA, BALLARI-583115.
15. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD (KIADB),
DAVANAGERE CIRCLE, SITE NO.CA(1-B),
GROUND FLOOR, KERUR INDUSTRIAL AREA,
P.B. ROAD, DAVANAGERE-577006.
16. THE TAHASILDAR,
KURUGOD, KURUGOD TALUKA,
BALLARI DISTRICT.
...RESPONDENTS
(BY SRI CHEAN MUNNOLI, ADVOCATE FOR R1-R14,
SRI SHASHANK HEGDE, ADVOCATE FOR R15;
SRI V.S. KALASURMATH, ADDL. GOVT. ADVOCATE FOR R16)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE
ORDER DATED 22.11.2022 PASSED BY THE SINGLE JUDGE IN W.P.
NO.110952/2019 IN THE INTEREST OF JUSTICE AND EQUITY.
THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
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WA No. 100017 of 2025
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
Learned counsel Sri. Chetan Munnoli, who was directed to
be notified for respondents No.1 to 14, who are writ petitioners
before the learned Single Judge, submits that he does not have
instructions from the said respondents. In view of the nature of
disposal that is proposed to be made, notice is not being issued
to respondents No.1 to 14.
2. The present intra-Court appeal is filed by the
respondents, calling in question the order dated 22.11.2022
passed in W.P No.110952/2019.
3. The sole contention urged by the learned counsel
for the appellant is that, before the reference Court, the rights
of the parties are required to be adjudicated with regard to title
and possession of the acquired land and the observations made
by learned Single Judge would have bearing on the question
that would be adjudicated before the reference Court.
4. In view of the aforementioned, it is appropriate to
dispose of the writ appeal by observing that the reference Court
NC: 2025:KHC-D:5327-DB
shall consider the case of rival parties uninfluenced by any of
the observations made by learned Single Judge in the order
dated 22.11.2022 passed in W.P No.110952/2019.
5. All contentions of both the parties are left open.
6. In view of disposal of writ appeal, pending I.A's,
if any, does not survive for consideration and are
accordingly disposed of.
Sd/-
(S G PANDIT)
JUDGE
Sd/-
(C.M. POONACHA)
JUDGE
PMP
