Karnataka High Court
Sri M R Ramaiah vs The State Of Karnataka on 27 October, 2023
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
-1-
NC: 2023:KHC:38190
WP No. 52724 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
WRIT PETITION NO.52724 OF 2014 (LA-KIADB)
BETWEEN:
SRI M.R. RAMAIAH,
S/O VENKATASHAMAPPA,
AGED ABOUT 68 YEARS,
R/AT GOKULA HOUSE,
M.S.R ROAD, MATHIKERE,
BANGALORE - 560 054.
...PETITIONER
(BY SRI SOMASUNDARA DIKSHIT, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA,
AMBEDKAR VEEDHI,
BANGALORE - 560 001.
2. THE DEPARTMENT OF INDUSTRIES AND COMMERCE,
BY ITS SECRETARY,
GOVERNMENT OF KARNATAKA,
Digitally signed by NO.49, SOUTH BLOCK, KHANIJA BHAVANA,
GURURAJ D RACE COURSE ROAD, BANGALORE - 560 001.
Location: High
Court of Karnataka 3. THE KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD,
BY ITS SECRETARY,
NO.14/3, 2ND FLOOR,
RASTHROTHANA PARISHATH BUILDING,
WEST WING, NEAR RESERVE BANK OF INDIA,
NRUPATHUNGA ROAD, BANGALORE - 560 001.
4. THE LAND ACQUISITION OFFICER,
THE KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD,
NO.14/3, 2ND FLOOR,
RASHTHROTHANA PARISHATH BUILDING,
-2-
NC: 2023:KHC:38190
WP No. 52724 of 2014
WEST WING, NEAR RESERVE BANK OF INDIA,
NRUPATHUNGA ROAD, BANGALORE - 560 001.
...RESPONDENTS
(BY SRI YOGESH D. NAIK, AGA FOR R1 AND R2;
SRI B.B. PATIL, ADVOCATE FOR R3 AND R4)
THIS WP IS FILED UNDER THE ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE DECLARATION
DATED 5.12.2005 PUBLISHED IN THE KARNATAKA GAZETTE
U/S.3(1) OF KIAD ACT VIDE ANNEX-A PRELIMINARY NOTIFICATION
DATED 5.12.2005 ISSUED U/S 28(1) OF KIAD ACT VIDE ANNEX-B
AND FINAL DECLARATION PUBLISHED IN KARNATAKA GAZETTE
DATED 3.6.2006 ISSUED U/S 28(4) OF KIAD ACT VIDE ANNEX-C AS
FAR AS THE PETITIONER'S LAND MEASURING 35 GUNTAS IN
SY.NO.79/1 OF SHETTIGERE VILLAGE, JALA HOBLI, BANGALORE
NORTH TALUK, CONSEQUENT UPON IT DIERCT THE RESPONDENTS
TO RESTORE PEACEFUL PHYSICAL POSSESSION OF THE ACQUIRED
LAND OF THE PETITIONER REFERRED TO ABOVE FORTHWTIH AND
ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B'
GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed seeking for following reliefs:
(a) Issue a writ of certiorari or any other writ/s, order/s, declaration/s, quashing the declaration dated 05.12.2005 bearing No.CPMG / KA / BG-
GPO / 13 / 2003-05 published in the Karnataka Gazette under Section 3(1) of KIAD Act vide Annexure-A in respect of petitioner's land measuring 35 guntas in Sy.no.79/1 of Shettigere Village, Jala Hobli, Bangalore North Taluk, Preliminary Notification dated 05.12.2005 bearing No.CI:407:SPQ:2005 issued under Section 28(1) of KIAD Act vide Annexure-B in respect of petitioner's land measuring 35 guntas in Sy.no.79/1 of Shettigere Village, Jala Hobli, Bangalore North Taluk and Final declaration published in Karnataka Gazette dated 03.06.2006 bearing No.KA / BG-GPO / 2515 / WPP-47 / 2006-2008 issued under Section 28(4) of KIAD Act vide Annexure-C in respect of petitioner's land measuring 35 guntas in Sy.no.79/1 of -3- NC: 2023:KHC:38190 WP No. 52724 of 2014 Shettigere Village, Jala Hobli, Bangalore North Taluk, consequent upon it direct the respondents to restore peaceful physical possession of the acquired land of the petitioner referred to above forthwith.
OR IN THE ALTERNATIVE
(a) Issue a writ of mandamus to the respondents directing them to make a Reference to the Jurisdictional Deputy Commissioner in passing of any award in terms of Section 29(4) of KIAD Act in respect of the land of petitioner measuring 35 guntas in Sy.no.79/1 of Shettigere Village, Jala Hobli, Bangalore North Taluk without any further delay in the matter;
(b) To award the costs of the proceedings and etc.
2. Sri Somasundara Dikshit, learned counsel appearing for petitioner submitted that petitioner is claiming interest in respect of land bearing Sy.no.79/1 of Shettigere Village, Jala Hobli, Bangalore North Taluk to extent of 35 guntas, having acquired same under registered sale deed dated 07.10.1975 at Annexure-D out of extent of 4 acres. Alleging that same was under acquisition in Notification issued under Section 3(1) published in Karnataka Gazette dated 05.12.2005 bearing No.CPMG / KA / BG-GPO / 13 / 2003-05, Preliminary Notification issued under Section 28(1) dated 05.12.2005 bearing No.CI:407:SPQ:2005 and Final declaration issued under Section 28(4) of Karnataka Industrial Areas Development Act, 1966 (for short 'KIAD Act') published in Karnataka Gazette -4- NC: 2023:KHC:38190 WP No. 52724 of 2014 dated 03.06.2006 bearing No.KA / BG-GPO / 2515 / WPP-47 / 2006-2008 at Annexures-A, B and C, this writ petition is filed challenging acquisition.
3. Alternative prayer sought for in writ petition is for reference, since petitioner had filed application for reference as per Annexure-Q2.
4. Sri B.B. Patil, learned counsel appearing for respondents no.3 and 4 placing reliance on decision in V.T. Krishnamoorthy v/s State of Karnataka and Others1, Co-ordinate Bench of this Court has held that once land loser had filed an application claiming compensation, writ petition cannot maintainable.
5. It is settled law that a person seeking reference cannot maintain writ petition questioning acquisition as held by this Court in case of Ningajamma v/s State of Karnataka2. However, since petitioner has submitted application for reference as indicated in Annexure-Q2, petitioner would be entitled for consideration by respondent no.4 in accordance with law.
1 ILR 1991 Kar 1183 2 2007 SCC OnLine Kar 95 -5- NC: 2023:KHC:38190 WP No. 52724 of 2014
6. Accordingly, writ petition is disposed of by directing respondent no.4 to consider application filed by petitioner at Annexure-Q2, if not already considered, within an outer limit of three months and to pass appropriate orders thereon.
It is clarified that direction issued to consider shall not be construed as a positive direction to grant relief sought for in application and consideration shall be on its own merits.
Sd/-
JUDGE GRD