IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF DECEMBER, 2018 BEFORE THE HON' BLE MR. JUSTICE ALOK ARADHE W.P.No.45844 OF 2018 C/W W.P.No.45846/2018, W.P.No.45845/2018, W.P.No.44678/2018, W.P.No.46541/2018, W.P.No.45848/2018, W.P.No.45847/2018, W.P.No.44679/2018, W.P.No.44661/2018(GM-CPC) IN W.P.No.45844/2018 BETWEEN THE SPECIAL LAND ACQUISITION OFFICER, CITY IMPROVEMENT BOARD NOW DAVANAGERE-HARIHARA URBAN DEVELOPMENT AUTHORITY, SRI.D.DEVARAJ URS LAYOUT, ‘A’ BLOCK, P.B.ROAD, DAVANAGERE-577 006. ... PETITIONER (BY SRI.ASHOK HARANAHALLY, SR. ADVOCATE FOR SMT. NALINI VENKATESH, ADVOCATE) AND 1. S.G.RUDRAPPA DEAD BY LRS 1(a) SMT.S.G.HALAMMA, W/O. LATE.S.G.RUDRAPPA, 1(b) SMT.DEVAMMA, D/O. LATE.S.G.RUDRAPPA, 1(c) SRI.S.G.PRABHUDEVA, S/O. LATE.S.G.RUDRAPPA, 1(d) SRI.S.K.GIRIRAJU DEAD BY LRS d(a) SHOBHA D/O.LATE GIRIRAJU, d(b) S.K.THILAK PATIL S/O.LATE GIRIRAJU, d(c) SHRUTHI, D/O. LATE GIRIRAJU, d(d) SMT.KAMALAMMA, W/O.LATE GIRIRAJU, e) S.K.VASANTHA PADMA, f) S.G.LEELAVATHI 2. S.G.MAHADEVAPPA DEAD BY LRS a) S.K.LINGAMMA W/O. LATE MAHADEVAPPA b) S.K.G.MALLIKARJUNA S/O.LATE MAHADEVAPPA ALL ARE R/O SHABANUR VILLAGE, DAVANAGERE TALUK-577 006. ... RESPONDENTS (BY SHRI.RAVI.G.SABHAHIT, ADVOCATE FOR C/R1 (C) & R2(B) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 04.09.2018 ON I.A.NO.1 VIDE ANNEXURE-F IN EX.CASE NO.114/2013 PASSED BY THE HON. I ADDITIONAL SENIOR CIVIL JUDGE & J.M.F.C., DAVANAGERE/EXECUTING COURT.
IN W.P.No.45846/2018 BETWEEN THE SPECIAL LAND ACQUISITION OFFICER, CITY IMPROVEMENT BOARD NOW DAVANAGERE-HARIHARA URBAN DEVELOPMENT AUTHORITY, SRI.D.DEVARAJ URS LAYOUT, ‘A’ BLOCK, P.B.ROAD, DAVANAGERE-577 006. ... PETITIONER (BY SRI.ASHOK HARANAHALLY, SR. ADVOCATE FOR SMT. NALINI VENKATESH, ADVOCATE) AND SREEKANTHAPPA S/O.HANUMANTHAPPA @ HANUMAPPA MAJOR, AGRICULTURIST, R/O.SHAMANUR VILLAGE, DAVANAGERE TALUK & DISTRICT-577006. ... RESPONDENT (BY SHRI.RAVI.G.SABHAHIT, ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 3.9.2018 ON I.A.NO.II VIDE ANNEXURE-G IN EX.CASE NO.313/2011 PASSED BY THE HON’BLE I ADDITIONAL SR. CIVIL JUDGE AND JMFC, DAVANAGERE/EXECUTING COURT.
IN W.P.No.45845/2018 BETWEEN THE SPECIAL LAND ACQUISITION OFFICER, CITY IMPROVEMENT BOARD NOW DAVANAGERE-HARIHARA URBAN DEVELOPMENT AUTHORITY, SRI.D.DEVARAJ URS LAYOUT, ‘A’ BLOCK, P.B.ROAD, DAVANAGERE-577 006. ... PETITIONER (BY SRI.ASHOK HARANAHALLY, SR. ADVOCATE FOR SMT. NALINI VENKATESH, ADVOCATE) AND 1. S.G.CHANNABASAVANA GOWDA DEAD BY LRS 1(a) SMT.KARIBASAMMA W/O.LATE.S.G.CHANNABASAVANA GOWDA AGED ABOUT 60 YEARS.
1(b) SRI.S.G.JAGADEESH, S/O.LATE S.G.CHANNABASAVANA GOWDA, AGED ABOUT 30 YEARS, 1(c) SRI S.G.KIRAN S/O LATE S.G.CHANNABASAVANA GOWDA AGED ABOUT 28 YEARS, ALL R/O SHAMANUR VILLAGE DAVANAGERE TALUK-577006.
2. SRI.G.R.MUDDEGOWDAPPA, S/O.RAMANA GOWDRU, AGED ABOUT 60 YEARS, R/O.SHAMANUR VILLAGE, DAVANAGERE TALUK-577006. ... RESPONDENTS (BY SHRI.LOKESH MALAVALLI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 04.09.2018 ON I.A.No.1 VIDE ANNEXURE-F IN EX.CASE NO.140/2014 PASSED BY THE HON.I ADDITIONAL SENIOR CIVIL JUDGE & J.M.F.C., DAVANAGERE/EXECUTING COURT.
IN W.P.No.44678/2018 BETWEEN THE SPECIAL LAND ACQUISITION OFFICER, CITY IMPROVEMENT BOARD NOW DAVANAGERE-HARIHARA URBAN DEVELOPMENT AUTHORITY, SRI.D.DEVARAJ URS LAYOUT, ‘A’ BLOCK, P.B.ROAD, DAVANAGERE-577 006. ... PETITIONER (BY SRI.ASHOK HARANAHALLY, SR. ADVOCATE FOR SMT. NALINI VENKATESH, ADVOCATE) AND 1. M.RAMAPPA, DEAD BY LRS, 1(a) SMT.CHANDRAMMA, W/O. LATE M.RAMAPPA, AGED ABOUT 70 YEARS, R/O.D.NO.281/2, 2ND CROSS, NEAR DUGGAMMA TEMPLE, THYAPPERAGALLI, DAVANAGERE-577 006.
1(b) SMT.RENUKA.P.RAO, W/O.PARASHURAM RAO, AGED ABOUT 45 YEARS, R/O.D.NO.267, FARM HOUSE, NEAR T.B.CIRCLE, VANIVILASAPURA, HIRIYUR TALUK, CHITRADURGA DISTRICT-576 001.
1(c) SMT.S.LAKSHMI BAI, W/O ANAND RAO, AGED ABOUT 43 YEARS, R/O D.NO.91, 6TH CROSS, PATEL NAGARA, BELLARY-587-001.
1(d) RAGHAVENDRA M.R, S/O LATE M.RAMAPPA, AGED ABOUT 39 YEARS, R/O.D.NO.281/2, 2ND CROSS, NEAR DUGGAMMA TEMPLE THYAPPERAGALLI, DAVANAGERE-577 001.
2. SRI.N.S.SATHYANARAYANA RAO, S/O.SEENAPPA, AGED ABOUT 60 YEARS, R/O.THYAPPERAGALLI, DAVANAGERE-577 001.
3. SMT.NAGAMMA, W/O.SEENAPPA, SINCE DEAD BY HER LRS, CLAIMANTS NO.1(a) TO 1(d) ABOVE, R/O.THYAPPERAGALLI, DAVANAGERE-577 001. ... RESPONDENTS (BY SHRI.LOKESH MALAVALLI, ADVOCATE FOR C/R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 04.09.2018 VIDE ANNEXURE-F IN EX.CASE NO.139/2014 PASSED BY THE HON’BLE I ADDITIONAL SR. CIVIL JUDGE AND JMFC DAVANAGERE / EXECUTING COURT.
IN W.P.No.46541/2018 BETWEEN THE SPECIAL LAND ACQUISITION OFFICER, CITY IMPROVEMENT BOARD NOW DAVANAGERE-HARIHARA URBAN DEVELOPMENT AUTHORITY, SRI.D.DEVARAJ URS LAYOUT, ‘A’ BLOCK, P.B.ROAD, DAVANAGERE-577 006. ... PETITIONER (BY SRI.ASHOK HARANAHALLY, SR. ADVOCATE FOR SMT. NALINI VENKATESH, ADVOCATE) AND 2. S.G.NAGAPPA DEAD BY LRS 2(a) S.MUDDEGOWDAPPA 2(b) S.G.RAJASHEKHAR 2(c) S.G.SHAMBULINGAPPA DEAD BY LRS 2(ca) SMT.LALITHAMMA W/O.SHAMBULINGAPPA 2(cb) SRIGOWRI D/O.SHAMBULINGAPPA 2(cc) SOWRABHA D/O.SHAMBULINGAPPA 2(cd) ARCHANA D/O.SHAMBULINGAPPA 2(d) S.G.GEETHA W/O.SHANMUKHAPPA 2e) SMT.RATHNAMMA 2f) SMT.SULOCHANAMMA 2g) SMT.SAKAMMA 2h) SMT.PRAMEELAMMA DEAD BY LRS 2h(a) SMT.NAGAMMA 3. SRI.S.G.MAHADEVAPPA DEAD BY LRS 3(a) SMT.S.K.LINGAMMA DEAD BY LR 3(b) S.G.MALLIKARJUNA 4. S.G.RUDRAPPA DEAD BY LRS 4(a) SMT.S.G.HALAMMA 4(b) SMT.DEVAMMA 4(c) S.G.PRABHUDEVA 4(d) S.K.GIRIRAJ DEAD BY LRS 4(d(a) SHOBHA PATIL 4(d(b) S.K.TILAK PATIL 4(d(c) S.K.SHRUTHI 4(d(d) SMT.KAMALAMMA 4(e) VASANTHA PADMA 4(f) S.G.LEELAVATHI 5. S.G.BHEEMAPPA DEAD BY LRS 5(a) S.G.SHASHIKUMARI 5(b) S.G.VEENA 5(c) S.G.REKHA 6. SMT.SHANTHAMMA W/O.S.G.MRUTHUNJAYAPPA ALL ARE R/O.SHAMANUR VILLAGE DAVANAGERE TALUK AND DISTRICT. ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 04.09.2018 ON I.A.NO.1 VIDE ANNEXURE-F IN EX.CASE NO.84/2013 PASSED BY THE HON. I ADDITIONAL SENIOR CIVIL JUDGE & J.M.F.C, DAVANAGERE/EXECUTING COURT.
IN W.P.No.45848/2018 BETWEEN THE SPECIAL LAND ACQUISITION OFFICER, CITY IMPROVEMENT BOARD NOW DAVANAGERE-HARIHARA URBAN DEVELOPMENT AUTHORITY, SRI.D.DEVARAJ URS LAYOUT, ‘A’ BLOCK, P.B.ROAD, DAVANAGERE-577 006. ... PETITIONER (BY SRI.ASHOK HARANAHALLI, SR. ADVOCATE FOR SMT. NALINI VENKATESH, ADVOCATE) AND 1. SADASHIVAPPA DEAD BY LRS 1a) SMT.GOWRAMMA W/O LATE SADASHIVAPPA AGED ABOUT 54 YEARS 1(b) SRI.BASAVARAJ, S/O.LATE SADASHIVAPPA AGED ABOUT 40 YEARS 1(c) SRI.NAGARAJ, S/O.LATE SADASHIVAPPA AGED ABOUT 35 YEARS.
1(d) SMT.PREMALEELA D/O LATE ALUR SHANKARAPPA AGED ABOUT 54 YEARS D/O.LATE SADASHIVAPPA AGED ABOUT 30 YEARS ALL R/O.SHABANUR VILLAGE DAVANAGERE TALUK AND DISTRICT-577006. ... RESPONDENTS (BY SHRI.LOKESH MALAVALLI, ADVOCATE FOR C/R1(a) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 03.09.2018 ON I.A.NO.II VIDE ANNEXURE-G IN EX CASE NO.312/2011 PASSED BY THE HON.I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE/EXECUTING COURT.
IN W.P.No.45847/2018 BETWEEN THE SPECIAL LAND ACQUISITION OFFICER, CITY IMPROVEMENT BOARD NOW DAVANAGERE-HARIHARA URBAN DEVELOPMENT AUTHORITY, SRI.D.DEVARAJ URS LAYOUT, ‘A’ BLOCK, P.B.ROAD, DAVANAGERE-577 006. ... PETITIONER (BY SRI.ASHOK HARANAHALLY, SR. ADVOCATE FOR SMT. NALINI VENKATESH, ADVOCATE) AND 1. SHEKHARAPPA DEAD BY LRS 1) G.S.RUDRAMANI S/O.LATE SHEKHARAPPA AGED ABOUT 61 YEARS.
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 03.09.2018 ON I.A.NO.II VIDE ANNEXURE-G IN EX.CASE NO.311/2011 PASSED BY THE HON.I ADDITIONAL SENIOR CIVIL JUDGE & J.M.F.C., DAVANAGERE/EXECUTING COURT.
IN W.P.No.44679/2018 BETWEEN THE SPECIAL LAND ACQUISITION OFFICER, CITY IMPROVEMENT BOARD NOW DAVANAGERE-HARIHARA URBAN DEVELOPMENT AUTHORITY, SRI.D.DEVARAJ URS LAYOUT, ‘A’ BLOCK, P.B.ROAD, DAVANAGERE-577 006. ... PETITIONER (BY SRI.ASHOK HARANAHALLY, SR. ADVOCATE FOR SMT. NALINI VENKATESH, ADVOCATE) AND SRI.S.G.HALAMMA DEAD BY LR, S.G.PRABHUDEVA, S/O.LATE S.G.RUDRAPPA, MAJOR, R/O.SHAMANUR VILLAGE, DAVANAGERE TALUK, & DISTRICT-577 006. ... RESPONDENT (BY SMT.RAVI.G.SABHAHIT, ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 4.9.2018 VIDE ANNEXURE-F IN EX.CASE NO.59/2013 PASSED BY THE HON.I ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., DAVANAGERE/EXECUTING COURT AND ETC., IN W.P.No.44661/2018 BETWEEN THE SPECIAL LAND ACQUISITION OFFICER, CITY IMPROVEMENT BOARD NOW DAVANAGERE-HARIHARA URBAN DEVELOPMENT AUTHORITY, SRI.D.DEVARAJ URS LAYOUT, ‘A’ BLOCK, P.B.ROAD, DAVANAGERE-577 006. ... PETITIONER (BY SRI.ASHOK HARANAHALLY, SR. ADVOCATE FOR SMT. NALINI VENKATESH, ADVOCATE) AND 1. ALUR SHANKARAPPA DEAD BY LRS 1a) THAYAMMA D/O.LATE ALUR SHANKARAPPA AGED ABOUT 54 YEARS 1b) PREMAKUMARI D/O LATE ALUR SHANKARAPPA AGED ABOUT 56 YEARS BOTH R/O K.B.N.LAYOUT DAVANAGERE-577-006. ... RESPONDENTS (BY SRI.LOKESH MALAVALLI, ADVOCATE FOR C/R1(A) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 04.09.2018 VIDE ANNEXURE-G IN EX.CASE NO.138/2014 PASSED BY THE HON. I ADDITIONAL SENIOR CIVIL JUDGE & J.M.F.C., DAVANAGERE/EXEUCTING COURT ON I.A.NO.I.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY THE COURT MADE THE FOLLOWING:
ORDER Writ petitions are admitted for hearing. With the consent of the parties, the same are heard finally.
2. In these petitions, under Article 227 of the Constitution of India, the petitioner-Special Land Acquisition Officer, Davanagere, has assailed the validity of the orders dated 03.09.2018 and 04.09.2018 passed by the Executing Court, by which the I.A.No.I and I.A.No.II preferred by the petitioner have been rejected.
3. When the matters were taken up today, Sri Ashok Haranahally, learned Senior counsel for the petitioner, while inviting the attention of this Court to the memo of calculation filed on behalf of the petitioner in each petitions, submitted that in the aforesaid memos the petitioner had given full particulars of the payment made by it towards the amount, which are due and payable by the petitioner. However, the Executing Court, without examining the particulars furnished by the petitioner in the memos, by the impugned orders has rejected the memos as well as interlocutary applications filed by the petitioner without assigning reasons simply by recording the finding that the petitioner has not paid the amount of compensation. It is further submitted that the impugned orders dated 03.09.2018 and 04.09.2018 be set aside and quashed and the Executing Court be directed to examine the averments made in the interlocutary applications as well as the memos which contain the particulars of the payment made by the petitioner towards the decreetal amount.
4. On the other hand, learned counsels Sri Lokesh Malavalli and Sri Ravi G. Sabhahit, appearing for the respondents submits that the matters are pending consideration for several years before the Executing Court. Therefore, a time bound direction be given to the Executing Court to decide the interlocutary applications of the petitioner.
5. In view of the aforesaid submissions, taking into account the fact that the Executing Court while deciding the Interlocutary applications (I.A.No.1 and I.A.No.II) has not taken into account the details of payment contained in the memos furnished by the petitioner in each case, the impugned orders dated 03.09.2018 and 04.09.2018 are hereby quashed and set aside. The Executing Court is directed to decide interlocutary applications filed by the petitioner and to take into account the details of payment furnished by the petitioner along with the memo filed in each petitions by a speaking order, after affording an opportunity of hearing to the parties, within a period of six weeks from the date of receipt of certified copy of this order.
6. Needless to state the decree holder shall also be entitled to point out the memos of calculation filed by the petitioner before the Executing Court.
7. Accordingly, with the observations and directions, the writ petitions are disposed of.
Sd/- JUDGE TL