IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 30TH DAY OF MARCH, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH WRIT PETITION NO.16912 OF 2014(LA-RES) BETWEEN:
KARNATAKA STATE ADI JAMBAVABHIRIDDI SANGHA (REGD.,) NO.1, MAIN RAOD, BAPUJI VIDYARTHI NILAYA, MAGADI ROAD, BENGALURU – 560 023 REPRESENTED BY ITS GENERAL SECRETARY, SRI M.VISHWANATH, S/O N.MUNIRAJU, AGED ABOUT 64 YEARS. ... PETITIONER (BY SRI BALARAJ A.C., ADVOCATE FOR SMT.A.H.SUNITHA RAMESH, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU – 560 001.
2. BANGALORE METRO RAIL CORPORATION LIMITED (A JOINT VENTURE OF GOVERNMENT OF KARNATAKA AND GOVERNMENT OF INDIA), BMTC COMPLEX, 3RD FLOOR, K.H.ROAD, SHANTHINAGAR, BENGALURU – 560 027, REPRESENTED BY ITS MANAGING DIRECTOR.
3. BAPUJI VIDYARTHI NILAYA GOPALAPURA, MAGADI ROAD, BENGALURU – 23, REPRESENTED BY ITS SECRETARY.
4. THE SPECIAL LAND ACQUISITION OFFICER PODIUM BLOCK, V.V.TOWER, DR.AMBEDKAR VEEDHI, BENGALURU – 560 001. ... RESPONDENTS (BY SMT.SHWETA KRISHNAPPA, HCGP FOR R1 & R4 SRI ARAVIND KAMATH, ADVOCATE FOR R2 SRI A.LOURDU MARYAPPA, ADVOCATE FOR R3) ***** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 3.1.2014 ISSUED BY THE R2 VIDE ANNEXURE-H ETC., THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The learned Government Advocate takes notice for respondent no.4. She is permitted to file the memo of appearance within four weeks.
2. The plea of the petitioner is for a writ of certiorari to quash Annexure-H, dated 03.01.2014.
3. Annexure-H is the communication by the second respondent to the effect that, since the dispute is regarding the title of the property in question, the appropriate civil court would have to state with regard to the same. Until and unless, the dispute is settled, no relief could be granted.
4. I’am of the considered view that the impugned order is just and appropriate. When there is a title dispute, the same has to be agitated before the concerned civil court and this Court cannot grant any relief when there is dispute regarding the title.
5. Consequently, the petition being devoid of merit is dismissed.
SD/- JUDGE JJ