IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MRS. JUSTICE S.SUJATHA WRIT PETITION NO.17655 OF 2018 (LA-RES) BETWEEN:
Smt. Lalitha Gopal Aged 60 years, W/o Sri K.V.Gopal, No.47, 2nd Avenue North, Roxboro, QC, H8Y2L1, CANADA, Rept. By her General Power of Attorney Holder Smt. Vijaya K, Aged 58 years, W/o Late S. Balachandra, R/at No.836/1, BEML 2nd Stage, Rajarajeshwari Nagara, Mysuru-570 022. …Petitioner (By Sri. Jagadish Baliga.N, Advocate) AND:
1. The Karnataka Housing Board Cauvery Bhavan, Kempegowda Road, Bengaluru-560 009, Rept. By its Commissioner.
2. Sri B.C.Umesh Babu Aged about 46 years, S/o Late Chandrashekara Reddy B.V., R/o No.342, Methila, Near Shiva Temple, Dommasandra Village, Sarjapura Hobli, Anekal Taluk, Bengaluru Rural District-562 148.
…Respondents (By Sri H. L. Pradeep Kumar, Advocate for R1; R2 Served) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the R-1 to disburse the amount of compensation in respect of the acquired land measuring two (2) acres in Survey No.188 of Jigale Village, Attibele Hobli, Anekal Taluk, Bengaluru Rural District to the petitioner along with interest @ 18% per annum from 08.11.2011 till the date of payment as directed in the Writ Petition No.21284/2010 which came to be disposed of by the order dtd.08.11.2011 and etc.
This Writ Petition coming on for Admission this day, the Court made the following:
O R D E R The petitioner has sought for a direction to respondent No.1 to disburse the amount of compensation in respect of acquired land measuring 02 acres in Sy. No.188 of Jigale Village, Attibele Hobli, Anekal Taluk, Bengaluru Rural District to the petitioner along with interest @ 18% per annum from 08.11.2011 till the date of payment as directed in W.P. No.21284/2010 disposed of on 08.11.2011.
2. This Court vide order dated 08.11.2011 in W.P. No.21284/2010 has held that in view of the joint memo placed on record, the proceedings before the Land Tribunal stands terminated. The parties are governed by the Joint Memo filed in the said proceedings. Accordingly, the writ petition has been disposed of in terms of the joint memo.
3. Learned counsel for the petitioner points out that the said order has not been implemented by the respondents. On the other hand, respondent No.1-The Karnataka Housing Board has deposited the compensation amount before the Senior Civil Judge, Anekal in O.S.No.784/2012. Hence, he seeks for disbursement of award amount in terms of the joint memo.
4. Learned counsel for respondent No.1 fairly submits that the amount deposited before the Senior Civil Judge, Anekal in O.S. No.784/2012 shall be withdrawn and the same shall be disbursed to the petitioner in terms of the joint memo.
5. The said submission is placed on record.
6. In view of the above, the writ petition stands disposed of directing respondent No.1 to disburse the award amount in terms of the joint memo placed before this Court in W.P. No.21284/2010. The amount deposited before the Senior Civil Judge, Anekal in O.S. No.784/2012 be withdrawn by respondent No.1 insofar as petitioner is concerned.
Sd/- JUDGE MBM