IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MRS. JUSTICE B. V. NAGARATHNA WRIT PETITIONS NO.40406 – 40418 OF 2017 (LA-RES) BETWEEN :
1. MASIYAPPA DEAD BY HIS L.R.
A. GURUMURTHY SON OF MASIYAPPA AGED ABOUT 39 YEARS, RESIDENT OF SEVREGARANAPALYA, KASABA HOBLI, GUBBI TALUK 572 216 TUMKUR DISTRICT.
2. RANGAPPA SON OF LATE JATTAPPA RESIDENT OF DODDANETTAGUNTE, KASABA HOBLI, GUBBI TALUK 572 216 TUMKUR DISTRICT.
3. VENKATARAMAIAH SON OF VENKATESHAPPA AGED ABOUT 53 YEARS RESIDENT OF BADAVANAPALYA, M.H. PATNA POST, GUBBI TLAUK 572 216 TUMKUR DISTRICT.
4. JAYARAMAIAH SON OF HUCHANNA AGED ABOUT 56 YEARS RESIDENT OF BADAKANAPALYA M.H. PATNA POST, KASABA HOBLI, GUBBI TLAUK 572 216 TUMKUR DISTRICT.
5. PUTTAMMA WIFE OF KRISHNAPPA AGED ABOUT 66 YEARS RESIDENT OF DODDANETAGUNTE KASABA HOBLI, GUBBI TALUK 572 216 TUMKUR DISTRICT.
6. KARIYANNA SON OF NARASAIAH AGED ABOUT 61 YEARS RESIDENT OF CHIKKANAVARAVANGALA, DODDANARAVANGALA POST, BELLAVI HOBLI, TUMKUR TLAUK 572 101.
7. HUCHE GOWDA DEAD BY HIS L.RS.
A. GANGAMMA WIFE OF LATE HUCHEGOWDA AGED ABOUT 53 YEARS.
B. CHANDAN S.H.
SON OF LATE HUCHEGOWDA AGED ABOUT 29 YEARS.
BOTH ARE RESIDENTS OF SERVEGOWDANAPALYA, RESIDENT OF BADAVANAPALYA, M.H. PATNA POST GUBBI TALUK 572 216 TUMKUR DISTRICT.
8. VENKATARAMAIAH SON OF RAMAIAH AGED ABOUT 53 YEARS RESIDENT OF DODDANETAGUNTE M.H. PATNA POST KASABA HOBLI, GUBBI TALUK 572 216 TUMKUR DISTRICT.
9. CHIKKAMASIYAPPA SON OF MUNIYAPPA, AGED ABOUT 78 YEARS RESIDENT OF CHIKKANARAVANGALA DODDANARAVANGALA POST, BELLAVI HOBLI, TUMKUR TALUK-572 101 10. SIDDALINGAIAH SON OF MUNIYAPPA @ MASIYAPPA RESIDENT OF CHIKKANARAVANGALA, DODDANARAVANGALA POST, BELLAVI HOBLI, TUMKUR DISTRICT-572 101 11. SHIVANNA SON OF GUDDAIAH AGED ABOUT 51 YEARS.
12. LAKSHMANA SON OF GUDDAIAH AGED ABOUT 54 YEARS.
PETITIONERS NO.11 AND 12 ARE RESIDENTS OF G. ARIVESANDRA VILLAGE, KASABA HOBLI, GUBBI TALUK-572 216 TUMKUR DISTRICT 13. A. BASAVAIAH DEAD BY HIS LRS.
A. SHIVAMMA, WIFE OF LATE BASAVAIAH AGED ABOUT 76 YEARS.
B. MADHUKUMAR A. B.
SON OF LATE A. BASAVAIAH AGED ABOUT 36 YEARS.
BOTH ARE RESIDENTS OF HALLENAHALLI VILLAGE, KASABA HOBLI, GUBBI TALUK-572 216 TUMKUR DISTRICT.
... PETITIONERS (BY SHI SHANTHARAJ K., ADVOCATE) AND :
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, M.S. BUILDING BENGALURU 560 001.
2. THE DEPUTY COMMISSIONER TUMKUR DISTRICT, TUMKUR 572 101.
AND SPECIAL LAND ACQUISITION OFFICER, HEMAVATHI CANAL DIVISION, TUMKUR 572 101.
3. SPECIAL LAND ACQUISITION OFFICER HEMAVATHI CANAL DIVSIION, TUMKUR 572 101.
4. THE CHIEF EXECUTIVE OFFICER HEMAVATHI CANALZONE TUMKUR 572 101.
... RESPONDENTS (BY SHRI DILKAR SHIRALLI, H.C.G.P.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-3 DEPOSIT THE AWARD AMOUNT PURSUANT TO THE AWARD PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, GUBBI IN L.A.C. NO.177/2011 DATED 20.4.2015, L.A.C. NO.176/2011 DATED 3.1.2015, LAC NO.167/2011 DATED 3.7.2015, LAC NO.169/2011 DATED 3.6.2015, L.A.C. NO.174/2011 DATED 1.3.2016, L.A.C.
NO.175/2011 DATED 2.2.2016, L.A.C. NO.166/2011 DATED 20.10.2016, L.A.C. NO.171/2011 DATED 16.4.2015, L.A.C. NO.170/2011 DATED 10.2.2015, L.A.C. NO.172/2011 DATED 9.3.2015, L.A.C. NO.393/2010 DATED 3.12.2015. L.A.C. NO.123/2010 DATED 2.1.2016 UNDER ANNEXURES-A TO M FORTHWITH.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING :
ORDER Though these writ petitions are listed for preliminary hearing, with consent of learned counsel on both sides, they are heard finally.
2. Petitioners have sought a direction to respondent No.3 to deposit the award amount pursuant to the award passed by the learned Senior Civil Judge and J.M.F.C., Gubbi, in the following cases as per Annexures-A to M forthwith :
i. L.A.C. NO.177/2011 ii. L.A.C. NO.176/2011 iii. L.A.C. NO.167/2011 iv. L.A.C. NO.169/2011 v. L.A.C. NO.174/2011 vi. L.A.C. NO.175/2011 vii. L.A.C. NO.166/2011 viii. L.A.C. NO.171/2011 ix. L.A.C. NO.170/2011 x. L.A.C. NO.172/2011 xi. L.A.C. NO.393/2010 xii. L.A.C. NO.123/2010 3. Learned counsel for the petitioners submits that concerned Reference Court has passed the awards in the aforesaid cases, but the respondents have not satisfied the awards. Therefore, the petitioners have filed these writ petitions seeking a direction to respondent No.3 to deposit the award amount as per judgments at Annexures- A to M.
4. Learned H.C.G.P. appearing for respondents No.1 to 4, on advance notice, submits that steps would be taken to satisfy the judgment and awards passed under Annexures-A to M appended to the writ petitions in accordance with law, and therefore, these writ petitions may be disposed off accordingly.
5. Having heard learned counsel for the respective parties and on perusal of the material on record, it is noted that the judgment and awards have been passed in the aforesaid cases in the years 2015 and 2016. If the respondents have not satisfied the awards, the petitioners are at liberty to execute the awards.
6. Recording the submission of learned H.C.G.P. that steps would be taken to satisfy the awards in accordance with law, these writ petitions are disposed off. In the event, the respondents do not satisfy the awards by making the payment to the petitioners within a reasonable time, the petitioners are at liberty to execute the awards in accordance with law.
7. With the aforesaid observations, the writ petitions are disposed off.
Sd/- JUDGE hnm