IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 54011 OF 2018 (LA-RES) BETWEEN:
H O ARAVINDA S/O OMKARAPPA AGED ABOUT 45 YEARS R/A ABBALAGERE VILLAGE HOLANUR HOBLI SHIVAMOGGA TALUK AND DISTRICT-577201 (BY SRI. M V MAHESWARAPPA, ADVOCATE) AND:
1. PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M S BUILDING BENGALURU-560001 2. THE ASSISTANT COMMISSIONER (ADDL, LAND ACQUISITION) BENGALURU SUB DIVISION KARNATAKA STATE HIGHWAY DEVELOPMENT PLAN, K R CIRCLE BENGALURU-560001 (BY SRI. DILDAR SHIRALLI, HCGP) … PETITIONER … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RCORDS IN CASE NO.LAC 13/2017 ON IA NO.VI DATED 5.11.2018 ON THE FILE OF I ADDL. DIST. JUDGE AND SPECIAL JUDGE AT SHIVAMOGGA AND DIRECT THE TRIAL COURT TO PERMITTED TO WITHDRAW THE DEPOSITED THE AMOUNT OF RS.9,48,544/- IN LAV NO.13/2017 OR DIRECTED TO DEPOSITED AMOUNT IN UCO BANK SHIVAMOGGA OR ANY NATIONALISED BANK, SHIVAMOGGA.
THIS PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner claiming to be the land loser in acquisition is before this court assailing an interim order dated 05.11.2018 made by the learned First Additional Sessions Judge & Special Judge at Shivamogga, in the pending LAC No.13/2017 whereby his application to have the compensation amount deposited in any nationalized bank for earning the interest pendente lite, is rejected.
2. After service of notice, the respondents having entered appearance through the learned HCGP Shri Dildar Shiralli, submit that the impugned order is not vulnerable on any count and that the petitioner has not placed any cogent material to prima facie show his entitlement to the compensation amount. Therefore, he seeks dismissal of the writ petition.
3. I have heard the learned counsel for the petitioner and the learned HCGP for the opposing respondents. I have perused the writ petition papers.
4. Admittedly there is no rival claim in the pending LAC No.13/2017; petitioner has produced an unregistered Will dated 30.09.1998, registered Sale Deed dated 07.09.1995 and the RTC relating to the land in acquisition. Whether these are genuine documents and if genuine, they would vouch vesting of the title to the compensation in favour of the petitioner are the questions yet to be tried. Till the said LAC is disposed off, there is no reason to retain the compensation amount deposited in the Court as it is. If the said amount of Rs.9,48,544/- is put in interest earning bank deposit, no prejudice would be caused to anyone since the amount nor its interest is being released in favour of the petitioner. If the amount gets ameliorated by the accrual of the interest, it would benefit the petitioner if he succeeds and the respondent if he does not succeed.
In the above circumstances, this writ petition succeeds; a Writ of Certiorari issues quashing the impugned order dated 05.11.2018 at Annexure-B made by the First Additional Sessions Judge & Special Judge at Shivamogga, in the pending LAC No.13/2017; a Writ of Mandamus issues to the said learned judge to put the compensation in any short term deposit in any nationalized bank subject to outcome of the said LAC. Time for compliance, four weeks.
Bsv Sd/- JUDGE