IN WP No. 8628/2023

BETWEEN:

SMT. YASHODAMMA

W/O LATE MAHALINGAPPA,

AGED ABOUT 50 YEARS,

R/AT MASOOR MAIN ROAD,

SHIKARIPURA TOWN,

SHIVAMOGGA-577427

…PETITIONER

(BY SRI. SACHIN B S., ADVOCATE)

AND:

1. STATE OF KARNATAKA

BY ITS PRINCIPAL SECRETARY,

DEPARTMENT OF INDUSTRIES AND COMMERCE,

M S BUILDING, AMBEDKAR VEEDHI,

BENGALURU-560001

2. THE SPECIAL LAND ACQUISITION OFFICER

SITE NO.C.A. (1B), GROUND FLOOR,

P B ROAD, OPPOSITE TO

DISTRICT ADMISSION BHAVAN,

KARNATAKA INDUSTRIAL AREA

DEVELOPMENT BOARD, KAROOR,

DAVANAGERE-577004

3. PRINCIPAL CHIEF CONSERVATOR OF FOREST

CHIEF OF FOREST FORCE,

ARANYA BHAVAN, MALLESHWARAM,

BENGALURU 560003

…RESPONDENTS

(BY SMT. CHANDINI SINGH, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NOS.1 AND 3;

SRI. P.V.CHANDRASHEKAR, ADVOCATE FOR RESPONDENT NO.2)

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER/OFFICIAL NOTE DATED 10.02.2022 BEARING NO.Aa.PRA.MU.Aa.SAM(Aa.Sam.Ni) BI.3.SALES.CR-13/2019.20 VIDE ANNEXURE-A AND ETC.

IN WP NO. 7290/2023

BETWEEN:

1. SMT. YASHODAMMA

W/O LATE MAHALINGAPPA,

AGED ABOUT 50 YEARS,

R/AT MASOOR MAIN ROAD,

SHIKARIPURA TOWN,

SHIVAMOGGA-577427

2. SRI. CHANDAN

S/O LATE MAHALINGAPPA,

AGED ABOUT 30 YEARS,

R/AT MASOOR MAIN ROAD,

SHIKARIPURA TOWN,

SHIVAMOGGA-577427

...PETITIONERS

(BY SRI. SACHIN B.S., ADVOCATE)

AND:

1. THE SPECIAL LAND ACQUISITION OFFICER

SITE NO. C. A. (1B), GROUND FLOOR,

P.B. ROAD, OPPOSITE TO

DISTRICT ADMINISTRATION BHAVAN,

KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,

KAROOR, DAVANAGERE.

2. THE STATE OF KARNATAKA

DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKAS SOUDHA

BANGALORE-560001

REPRESENTED BY SECRETARY

3. DEPUTY CONSERVATOR OF FOREST

SHIVAMOGGA DISTRICT,

SHIVAMOGGA.

AS PER COURT ORDER DATED 05.04.2023,

RESPONDENT NO.3 INCLUDED AS PARTY

...RESPONDENTS

(BY SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR RESPONDENT NO.1;

SMT. CHANDINI SINGH, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NOS.2 AND 3)

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO DETERMINE AND PAY THE COMPENSATION IN RESPECT OF THE EXISTING STANDING SANDALWOOD TREES IN THE SCHEDULE PROPERTY BY CONSIDERING THE REPRESENTATION FILED BY THE PETITIONER DATED 17.01.2023 AS PER THE ANNEXURE-A AND ETC.

THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER

The petitioner has sought for a writ in the nature of certiorari to quash the order/official note dated 10.02.2022 bearing No.Aa.Pra.Mu.Aa.Sam. (Aa.Sam.Ni.) Bi.3.Sales.CR 13/2019 (Annexure A) and the notice dated 17.10.2022 bearing No.KIADB/BHUSWA/DA/ Shi.Shi.Ra.Railway/ Phase/ 1/ 2/ Haliyuru / 2019-20 issued by the respondent No.2 (Annexure - B), in so far as it relates to assessing the compensation for the sandalwood trees situated on the property that was acquired.

2. When this petition is listed for orders, the learned counsel for the petitioner submitted that the office note dated 10.02.2022 at Annexure - A was challenged in W.P.No.5000/2023 and the same was allowed in terms of an order dated 29.01.2025.

3. Being aggrieved by the said order, the petitioners filed W.A No.680/2025 and the division bench, in terms of an order dated 19.02.2026, directed the National Highway Authority not to dispose of the sandalwood trees till orders are passed by the arbitrator.

4. The learned counsel for the petitioner therefore submits that in view of the order passed by the Division Bench, this petition would not survive for consideration and the petitioner may also be relegated before the Civil Court.

5. In that view of the matter, this petition is disposed of reserving liberty to the petitioner to approach the District Court seeking compensation for the sandalwood trees that were existing on the land acquired.

In W.P.No.7290/2023

6. The petitioners have sought for a writ in the nature of mandamus to direct the respondents to consider the representation dated 10.01.2023 filed by petitioner No.2 and also to determine the value of