IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NOS.17002-17004/2016 (LA-KIADB) BETWEEN:
1. Chinnamaregowda @ Puttaswamy S/o. Late Maregowda, Aged about 45 years.
2. Chikkamarigowda S/o. Late Maregowda, Aged about 47 years.
3. Thammanna, S/o. Late Maregowda, Aged about 49 years, All are r/at Kebbehalli Village, Kasaba Hobali, Kanakapura Taluk – 562 117 …Petitioners (By Sri.Lingaraju H.D., Advocate) AND:
1. State of Karnataka Rep. by Principal Secretary, Department of Commerce and Industries, Vikasa Soudha, Dr.B.R.Ambedkar Veedhi, Bengaluru – 560 001.
2. The Chief Executive Officer and Executive Member, Karnataka Industrial Areas Development Board, No.14/3, 2nd Floor, Ratrothana Building, Nrupathunga Road, Bengaluru – 560 001.
3. The Special Land Acquisition Officer Karnataka Industrial Areas Development Board, No.14/3, Aravindho Bhavana, 1st Floor, Nrupatunga Road, Bengaluru – 560 001. …Respondents (By Sri.Dildar Shiralli, HCGP for R1;
Sri.Basavaraj V.Sabarad, Advocate for R2 & R3) These writ petitions are filed under Article 226 of the Constitution of India praying to direct R-3 to pay compensation amount Rs.39 lakhs per acre to the Sy.No.234, 4th Block measuring 2-00 acre situated at Bannikuppe Village, Harohalli Hobali, Kanakapura Taluk and etc., These writ petitions coming on for Orders this day, the court made the following:-
ORDER It is submitted by the learned counsel for the respondents and also the learned counsel appearing for the impleading applicant that in respect of identical prayer petitioners had already filed a Civil Suit in O.S.No.281/2017 which is now pending on the file of learned Senior Civil Judge, Kanakapura and therefore, these matters may not deserve consideration at the hands of writ court. It is also submitted by the learned Panel Counsel for the respondents- KIADB that the compensation has already been disbursed in favour of impleading applicant herein and the dispute if any, needs to be adjudicated upon by the Competent Court and not in writ jurisdiction. There is force in these submissions.
2. In view of the above, these writ petitions are disposed off reserving liberty to the petitioners to seek redressal of all their grievances either in the pending suit or by taking up any other appropriate proceedings, in accordance with law. All contentions are kept open.
Costs made easy.
Sd/- JUDGE KPS