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2024 Supreme(Online)(KAR) 40438
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.35828 OF 2024 (LA-KIADB)
BETWEEN:
SRI THIMMARAYASWAMY C N SON OF NANJAPPA, AGED ABOUT 40 YEARS, RESIDING AT NO. 49, FEDERAL BANK STREET, ASHOK NAGAR, THAYAVAKANAHALLI, ANEKAL 562 107 BENGALURU DISTRICT.
…PETITIONER (BY SRI. FAYAZ SAB B.G., ADVOCATE FOR SRI. H.B.RAJU, ADVOCATE)
AND:
Digitally signed
1. THE STATE OF KARNATAKA by SHWETHA REPRESENTED BY ITS SECRETARY, RAGHAVENDRA Location: H IGH DEPARTMENT OF COMMERCE AND INDUSTRY, COURT OF M S BUILDING, KARNATAKA DR AMBEDKAR ROAD, BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REPRESENTED BY ITS EXECUTIVE DIRECTOR, HEAD OFFICE AT NO. 14/3, C F C BUILDING, MAHARSHI ARAVIND BHAVAN, FIRST FLOOR, NRUPATHUNGA ROAD, BENGALURU - 560 001
3. THE SPECIAL DEPUTY COMMISSIONER K I A D B KHANIJA BHAVAN, 5TH FLOOR, BENGALURU - 560 001
4. THE SPECIAL LAND ACQUISITION OFFICER 2 KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (KIADB), 4TH FLOOR, BHARATH SCOUT AND GUIDES BUILDING, PALACE ROAD, BENGALURU - 560 001.
5. SRI NARAYANASWAMY SON OF GULLAPPA, AGED ABOUT 56 YEARS, RESIDING AT THAYAVAKANAHALLI, BIDIRUGUPPE POST, SARJAPURA HOBLI, ANEKAL TALUK - 562 125, BENGALURU DISTRICT.
6. SRI RAJANNA SON OF GULLAPPA, AGED ABOUT 52 YEARS, RESIDING AT THAYAVAKANAHALLI, BIDIRUGUPPE POST, SARJAPURA HOBLI, ANEKAL TALUK 562 125, BENGALURU DISTRICT.
…RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ORDER / DIRECTING THE RESPONDENT NOS.3 AND 4 TO CONSIDER THE REPRESENTATIONS DATED 08/08/2024 SUBMITTED BY THE PETITIONER REQUESTING NOT TO DISBURSE THE AWARD AMOUNT TO THE RESPONDENT NOS.5 AND 6 SINCE THE SCHEDULE PROPERTY IS HINDU UN DIVIDED JOINT FAMILY PROPERTY OF THE PETITIONER HEREIN, WHICH ARE PRODUCED HEREWITH FOR THE KIND PERUSAL OF THIS HONBLE COURT AND MARKED AS ANNEXURES-G AND H AND ETC., THIS WRIT PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Learned Additional Government Advocate accepts notice for respondent No.1.
2. Learned counsel Sri. P.V.Chandrashekar is directed to take notice for respondent Nos.2 to 4.
3. Notice to respondent Nos.5 and 6 is dispensed with in view of the proposed order to be passed.
4. The petitioner is before this Court seeking for the following reliefs:
"1. TO, ISSUE A WRIT OF MANDAMOUS, in the nature of Order/direction, directing the Respondent Nos.3 & 4 to consider the Representations dated 08.08.2024 submitted by the petitioner requesting not to disburse the award amount to the Respondent Nos.5 & 6 since the Schedule Property is Hindu Undivided joint Family Property of the Petitioner herein, which are produced herewith for the kind perusal of this Hon'ble Court and marked as ANNEXURES-G &
H, in the interest of justice and equity.
2. TO, GRANT, such other relief or reliefs as this Hon'ble Court deems fit to grant under the circumstances of the case, in the interest of justice and equity."
5. The grievance of the petitioner is that the compensation amount towards property acquired by the KIADB as regard with the petitioner has right in, is proposed to be disbursed to respondent Nos.5 and 6 without considering the rights of the petitioner. If at all, the petitioner has any right in the property, it is always available to the petitioner to seek for reference to determine the apportionment of the compensation as regards acquiring.
6. In that view of the matter, reserving liberty to the petitioner to seek for such reference by filing necessary applications before respondent No.4, the above petition is disposed off
7. If an application for reference is made before respondent No.4, respondent No.4 to decide on the same within two weeks of the application being filed.
