IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 15TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL Nos.4695-4715 OF 2015 (LA-BDA) BETWEEN:
1. SHRI KRISHNAPPA SON OF LATE. CHIKKAPPAYYAPPA AGED ABOUT 67 YEARS 2. SHRI. JAIGOPI SON OF KRISHNAPPA AGED ABOUT 37 YEARS 3. SHRI DIWAKAR SON OF KRISHNAPPA AGED ABOUT 34 YEARS 4. SMT. LAKSHMI SON OF KRISHNAPPA AGED ABOUT 33 YEARS 5. SMT. USHA DAUGHTER OF KRISHNAPPA AGED ABOUT 29 YEARS SL.Nos.1 TO 5 ARE RESIDING AT NO. 17/2, KAVERI COLONY SRINIVAGULU VIVEKNAGAR POST BENGALURU-560 047.
6. SMT. KUPPAMMA WIFE OF LATE. C. KONDAPPA AGED ABOUT 57 YEARS 7. SHRI SRINIVAS SON OF LATE C. KONDAPPA AGED ABOUT 34 YEARS 8. SMT. MANJULA DAUGHTER OF LATE C. KONDAPPA AGED ABOUT 31 YEARS 9. SMT. KANCHANA DAUGHTER OF LATE C. KONDAPPA AGED ABOUT 25 YEARS 10. SHRI RAMESH SON OF LATE C. KONDAPPA AGED ABOUT 24 YEARS 11. SMT. LAKSHMI DAUGHTER OF LATE C. KONDAPPA AGED ABOUT 24 YEARS SL.Nos.6 TO 11 ARE RESIDING AT 1ST MAIN, 2ND CROSS NEAR AYYAPPA TEMPLE SRINIVAGULU VIVEKNAGAR POST BENGALURU-560 047.
12. SHRI C. RAMU SON OF LATE CHIKKAPPAYYAPPA AGED ABOUT 49 YEARS 13. SHRI LOKESH SON OF C. RAMU AGED ABOUT 24 YEARS 14. SHRI KIRAN SON OF C. RAMU AGED ABOUT 22 YEARS, SL.Nos.12 TO 14 ARE RESIDING AT No.#22, OM SHAKTI NILAYA, 3RD CROSS NEAR BHARAT GAS PETROLEUM VENUGOPALASWAMY LAYOUT INTERMEDIATE RING ROAD EIJIPURA, BENGALURU-560 047.
15. SHRI D.S. RAJU SON OF LATE DODDASOMAPPA @ SOMAPPA AGED ABOUT 47 YEARS 16. SHRI R. SHYAMARAJ SON OF SHRI D.S. RAJU AGED ABOUT 20 YEARS 17. KUMARI R. SOWMYA DAUGHTER OF SHRI D.S. RAJU, AGED ABOUT 17 YEARS, BEING MINOR IS REPREENTED BY HER NATURAL GUARDIAN AND FATHER APPELLANT NO.15 SL.Nos.15 TO 17 ARE RESIDING AT No.#63/2, NEW FIELDS COLONY 7TH MAIN, 10TH CROSS, ST BED SRINIVAGULU, VIVEKNAGAR POST BENGALURU-560 047.
18. SHRI RAVI SON OF LATE CHIKKAMUNISWAMY @ CHIKKAMUNISOMAPPA AGED ABOUT 31 YEARS 19. BABY MONISHA DAUGHTER OF SHRI RAVI AGED ABOUT 9 YEARS 20. MASTER NAVAN SON OF RAVI AGED ABOUT 2 YEARS SL.Nos.19 AND 20 BEING MINORS ARE REPRESENTED BY THEIR FATHER AND NATURAL GUARDIAN SHRI. RAVI SL.Nos.18 TO 20 ARE RESIDING AT No.#15, 2ND MAIN SRINIVAGULU VIVEKANAGAR POST BENGALURU-560 047.
21. SHRI. CHANDRASHEKAR SON OF LATE. CHIKKAMUNISWAMY @ CHIKKAMUNISOMAPPA AGED ABOUT 28 YEARS RESIDING AT NO.15, 2ND MAIN SRINIVAGULU, VIVEKNAGAR POST BENGALURU- 560 047.
ALL THE APPELLANTS ARE REPRESENTED BY THEIR GENERAL POWER OF ATTORNEY HOLDER SHRI. K. CHARAN AGED ABOUT 46 YEARS SON OF LATE. ARJUN CHARAN RESIDING AT NO.48/8 NO.18, 8TH C-CROSS, 3RD MAIN VENKATAPURA LAYOUT KORAMANGALA, 1ST BLOCK BENGALURU -560 034.
(BY SRI. PRAKASH T HEBBAR, ADVOCATE) ... APPELLANTS AND:
1. THE STATE OF KARNATAKA REVENUE DEPARTMENT 5TH FLOOR, M.S. BUILDING DR. AMBEDKAR ROAD BENGALURU 560001 REPRESENTED BY ITS SECRETARY.
2. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY CHOWDAIAH ROAD KUMAR PARK WEST BENGALURU-560 020.
3. THE SPECIAL LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY CHOWDAIAH ROAD KUMAR PARK WEST BENGALURU 560 020.
... RESPONDENTS (BY SMT. R ANITHA, HCGP FOR RESPONDENT No.1 SRI. G LAKSHMEESH RAO, ADVOCATE FOR RESPONDENT Nos.2 AND 3) THESE APPEALS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION Nos. 45948/2014 AND 7435-7454/2015 DATED 09/03/2015.
THESE APPEALS COMING ON FOR PRELIMINARY HEARING THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the impugned order dated 09.03.2015 passed by the learned Single Judge in Writ Petition Nos.45948 of 2014 and 7435-7454 of 2015 dismissing the writ petitions, the writ petitioners have preferred these appeals.
2. The primary plea of the appellants is that the petitions were disposed off, at the stage of admission without hearing the respondents. The learned Single Judge has recorded findings of fact with regard to issues pertaining to grant of compensation etc. The same cannot be borne out from the records. Therefore, until and unless the records are perused, the contention of the writ petitioners could not have been appreciated.
3. On considering the contentions urged by learned counsels, we are of the view, that interference is called for. The learned Single Judge came to the view that the lands as vested with the BDA is free from all encumbrance and that the award amount has already been deposited before the Civil Court.
4. However, as of now, we do not find any material to support such findings of fact which have been recorded by the learned Single Judge. Findings on fact would arise only from the records and not from pleadings. Therefore, we are of the view, that the impugned order of the learned Single Judge requires to be interfered with. Consequently, the writ appeals are allowed. The impugned order dated 09.03.2015 passed by the learned Single Judge in Writ Petition Nos.45948 of 2014 and 7435-7454 of 2015 dismissing the writ petitions is set aside. The learned Single Judge is requested to re-hear the matter afresh and thereafter pass appropriate orders.
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JUDGE JUDGE NG* CT:bms