IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.31287 OF 2018 (LA-BDA) BETWEEN:
1. Sri.Mallaiah, S/o.Late Marisiddappa, Since dead by his legal representatives 1(a). Smt.Ramakka, W/o.Late Mallaiah, Aged about 74 years.
1(b). Sri.Revanna Siddappa, S/o.Late Mallaiah, Aged about 58 years.
1(c). Smt.Nagamma, D/o.Late Mallaiah, Aged about 54 years.
1(d). Sri. Siddaraju, S/o.Late Mallaiah, Aged about 45 years.
1(e). Smt. Manjamma, D/o. Late Mallaiah, Aged about 41 years.
All are residing at Kannalli Village, Kodigehalli Post, Yeshwanthapura Hobli, Bengaluru North Taluk-560 091. … Petitioners (By Sri.R.V.Chandrashekar, Advocate) AND:
1. The State of Karnataka, Department of Urban Development, Vikasa Soudha, Dr.Ambedkar Veedhi, Bengaluru-560 001, Represented by its Secretary.
2. The Bangalore Development Authority, T.Chowdaiah Road, Kumara Park West Extension, Bengaluru-560 020, Represented by its Commissioner.
3. The Additional Land Acquisition Officer, The Bangalore Development Authority, T.Chowdaiah Road, Kumara Park West Extension, Bengaluru-560 020.
4. Sri.Chikkabyrappa, S/o Porlaiah, Aged about 70 years.
5. Smt.Lakshmamma, W/o Late Putta Revaiah, Aged about 68 years.
Respondents No.4 & 5 are residing at Hongadipura Village, Kodigehalli Post, Yeshwanthapura Hobli, Bengaluru North Taluk-560 091.
6. Sri.Mariyappa, S/o Late Motaiah, Since dead by his LRs 6(a). Sri.A.Krishnappa, S/o Late Mariyappa, Aged about 55 years.
6(b). Sri.Siddaraju, S/o.Late Mariyappa, Aged about 50 years, Both are residing at Kannahalli Village, Kodigehalli Post, Yeshavanthapura Hobli, Bengaluru NorthTaluk-560 091.
…Respondents (By Sri.E.S.Indiresh, AGA for R1; Sri.K.Krishna, Advocate for R2 & R3;
Sri.Nagendra Muniyappa, Advocate for R6(b); Notice to R4, R5 and R6(a)-served and unrepresented) This Writ Petition is filed under Article 226 and 227 of the Constitution of India praying to direct the 3rd respondent to refer the matter to the City Civil Court, Bengaluru, under Sections 30 & 31 of the Land Acquisition Act, for adjudication of the right, title and interest of the parties in respect of the petition schedule property.
This Writ Petition coming on for Preliminary Hearing ‘B’ Group, this day, the Court made the following:
O R D E R Sri. Chandrashekar, learned Counsel for the petitioner.
Sri. E.S. Indiresh, learned Additional Government Advocate for respondent No.1.
Sri K Krishna, learned counsel for Respondents No.2 and 3.
Sri. Nagendra Muniyappa, learned counsel for respondent No.6(b).
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In this writ petition, petitioners, inter alia, seek a Writ of mandamus directing respondent No.3 to refer the matter to the Court under Section 30 and 31 of the Land Acquisition Act, for adjudication of the right, title and interest of the parties in respect of the petition schedule property.
3. When the matter was taken up today, learned counsel for the petitioners submitted that the property in question being acquired under the Bangalore Development Authority Act, 1976 and there is a dispute with regard to the title in respect of the property in question. Therefore, respondent No.3 be directed to refer the dispute for adjudication under Sections 30 and 31 of the Land Acquisition Act, before the competent Court.
4. On the other hand, learned counsel for respondents No.1, 2 and 3 submitted that only in respect of a portion of the land, award has been passed and the dispute shall be referred in respect of a portion of the land, in respect of which the order has been passed and suitable action shall be taken in respect of remaining portion of the land for passing the award in accordance with law.
5. In view of the submission made and in the facts of the case, the petition is disposed of with a direction to respondent No.3 to refer the dispute with regard to the title which has arisen in relation to the land in question, on which an order has already been passed, to the competent Court having jurisdiction, within a period of one month from today.
Needless to state that, in respect of remaining portion of the land, in respect of which award has not been passed, suitable action shall be taken to pass an award in accordance with law expeditiously after hearing the parties.
With the aforesaid direction writ petition is disposed of.
Sd/- JUDGE Psg*