IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NOS.3254-3256 OF 2019 (GM-CPC) & WRIT PETITION NOS.15943-15944 OF 2019 (GM-CPC) BETWEEN:
1. M KRISHNA SWAMY S/O LATE D M MUNIYAPPA AGED 75 YEARS RESIDING AT NO 907 6TH MAIN VIJAYANAGAR BANGALORE - 560040 2. M VENKATA SWAMY S/O LATE D M MUNIYAPPA AGED 78 YEARS RESIDING AT NO 250, 14TH CROSS R T NAGAR, 2ND BLOCK BANGALORE - 560032 3. K VENKATA SWMAY S/O LATE KEMPAIAH AGED 59 YEARS, RESIDING AT 368/348 DABUSPET NELAMANGALA TALUK BANGALORE RURAL DISTRICT - 562111 4. KESHAV KUMAR S/O LATE GANGAIAH AGED 44 YEARS NO 246, 746, 7TH MAIN RUKMININAGAR NAGASANDRA 8TH MILE, TUMKUR ROAD BANGALORE - 560073 5. PARAMESHA S/O LATE K RAJANNA AGED 40 YEARS DABUSPET VILLAGE NELAMANGALA TALUK BANGALORE RURAL DISTRICT ... PETITIONERS (BY SRI. M. GANESH, ADVOCATE) AND:
1. SMT GOWRAMMA W/O ANJINAPPA AGED 57 YEARS RESIDING AT NO 60/2, BHARATH NILAYA, 8TH CROSS, MARUTHI ROAD, SHAKAMBARINAGAR J P NAGAR 1ST PHASE SARAKKI, BANGALORE - 560078 BHARATH R GAJARIA SINCE DECEASED BY LRS 2. SMT SEENA GAJARIA W/O LATE BHARATH T GAJARIA AGED 64 YEARS 3. MANISH B GAJARAIA S/O LATE BHARATH R GAJARIA AGED 39 YEARS 4. GIRISH B GAJARIA S/O LATE BHARATH R GAJARIA AGED 37 YEARS ALL ARE RESIDING AT FLAT NO 403 SHANTHINIKETHAN APARTMENTS NO 294, 34TH CROSS, JAYANAGAR 7TH BLOCK, BANGALORE - 560082 5. SMT VENKATALAKSHMAMMA W/O DODDA ANJINAPPA AGED 73 YEARS RESIDING AT DABUSPET VILLAGE SOMPURA HOBLI, NELAMANGALA TALUK BAGNALORE RURAL DISTRICT 6. DEVARAJA S/O LATE RAJANNA AGED 43 YEARS RESIDING AT DABUSPET VILLAGE SOMPURA HOBLI, NELAMANGALA TALUK BANGALORE RURAL DISTRICT 7. T SHIVARAM S/O LATE THIMMARAYAPPA AGED 70 YEARS R/AT NO 18/39, 4TH STAGE, 4TH BLOCK, NEAR PETROL BUNK BASAVESHWARANAGAR BANGALORE - 560079 8. SMT KAMALAMMA W/O SRI B C CHANNAPPA D/O LATE SRI T KRISHNAPPA AGED 55 YEARS RESIDING AT NO 9, 4TH MAIN, K R GARDEN MURUGESHPALYA HAL, BANGALORE - 560017 9. SMT THAYAKKA W/O LATE C NARASIMHAIAH AGED ABOUT 83 YEARS RESIDING AT NO 2/5, 1ST A MAIN 5TH CROSS, GOVINDARAJANAGAR VIJAYANAGAR BANGALORE - 560040 10. SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD OFFICE NO 2, NO 14/3, 1ST FLOOR, MAHARSHI ARVIND BHAVAN C F C BUILDING BANGALORE – 560001 ... RESPONDENTS (BY SRI CHETHAN B., ADVOCATE FOR R1;
SRI M. SHIVAPRAKASH, ADVOCATE FOR R3;
SRI. GNANESH H. KEMPANNA, ADVOCATE FOR R8;
R7 IS SERVED; SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R10; NOTICE TO R2, R4, R5, R6 & R9 IS DISPENSED WITH) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE JUDGEMENT AND ORDER PASSED ON IA NO.1 TO 3 DTD:5.12.2018 VIDE ANNEXURE-A AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners being the claimants in LAC.No.23/2011 arising under Sections 30 and 31 of the erstwhile Land Acquisition Act, 1894 are invoking the writ jurisdiction of this Court for assailing the order dated 22.01.2019, a copy whereof is at Annexure – Z whereby the learned Senior Civil Judge, Nelamangala having favoured the impleading application in I.A.Nos.1 to 3 filed under Order I Rule 10(2) of CPC, 1908, has permitted the applicants to come on record as additional claimants. After service of notice, the respondents have entered appearance through their counsel and resist the writ petition.
2. Having heard the learned counsel for the parties and having perused the petition papers, this Court declines to grant indulgence in the matter because:
a) whether the applicants who have been now added as additional claimants in the subject LAC have interest in the subject property or not, and consequently whether they have a right to share the compensation or not, cannot be adjudicated except after hearing them; contentions of the petitioners that the rights claimed by these applicants under the Gift Deed dated 24.10.1927 cannot be adjudged by this Court on the basis of the order dated 09.07.2009 made by the Division Bench of this Court in WA.No.1854/2008, a copy whereof is at Annexure – K, which does not touch the subject claim;
b) the reason assigned by the Court below for allowing the impleadment cannot be faltered inasmuch as admittedly, the partition suit in O.S.No.8416/2010 is filed by one of the applicants namely Smt. Kamalamma, respondent No.8 herein and she also happens to be defendant No.4 in another partition suit in OS.No.123/2010; both the suits comprise the very same property now acquired by KIDB; thus they are proper parties if not necessary parties, going by the parameters laid down by the Apex Court in the case of RAZIYA BEGUM Vs. SAHEBZAD ANWAR BEGUM, AIR 1958 SC 886.
In the above circumstances, these writ petitions are disposed off without granting indulgence; however, a request is made to the learned Judges before whom the subject suits are pending, to try and dispose off the same preferably within a period of one year; a request is also made to the learned Civil Judge, Senior Division, Nelamangala to try and dispose off the LAC.No.23/2011 as expeditiously as possible.
All contentions of the parties are kept open. No costs.
Sd/- JUDGE KTY