Sri Munikrishnappa v. The State of Karnataka

e -e1e-eeeee e e NC:(2026:KHC:21911 WP(No.(25589(of(2025 C/W(WP(No.(36521(of(2025 IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( STDATED(THIS(THE(21 (DAY(OF(APRIL,(2026( BEFORE( THE(HON'BLE(MR.(JUSTICE(S(SUNIL(DUTT(YADAV( WRIT(PETITION(NO.(25589(OF(2025((LA-KIADB) C/W WRIT(PETITION(NO.(36521(OF(2025( IN(WP(No.(25589/2025 BETWEEN:( SRI.,MUNIKRISHNAPPA, S/O,LATE,NARAYANAPPA,,, AGED,ABOUT,75,YEARS,,, R/A,NEAR,GANGAMMA,TEMPLE,,, HESARGHATTA,MAIN,ROAD,,, CHIKKABANAVARA,,BENGALURU-560090., …PETITIONER, (BY,SRI.,K.,VIJAYA,KUMAR.,ADVOCATE),Digitally signedtiby VIJAYA0P AND: Location:

1., THE,STATE,OF,KARNATAKA,,HIGH COURT0OF DEPARTMENT,OF,COMMERCE,,AND,,INDUSTRIES,, KARNATAKA VIDHANA,SOUDHA,, BENGALURU-560001., REPRESENTED,BY,ITS,SECRETARY.,

2., THE,SPECIAL,LAND,ACQUISITION,OFFICER-2,, KARNATAKA,INDUSTRIAL,AREAS,DEVELOPMENT, BOARD,(KIADB),, STOFFICE,AT,KRIDE,,NO.14/3,,1 ,,FLOOR,, ARAVINDA,BHAVANA,, e -e2e-eeeee e e NC:(2026:KHC:21911 WP(No.(25589(of(2025 C/W(WP(No.(36521(of(2025 NRUPUTUNGA,ROAD,, BENGALURU-560001.,

3., THE,MYSORE,STONE,WEAR,PIPES,, AND,POTTERIES,LTD.,, A,COMPANY,REGISTERED,UNDER,THE,COMPANIES, ACT,,HAVING,REGISTERED,OFFICE,AT,, TH TH11 ,,CROSS,,6 ,,MAIN,, SADASHIVANAGAR,, BANGALORE-560,080., REPRESENTED,BY,ITS,EXECUTIVE,DIRECTOR., SRI.,RAJIV,RAMOHALLI., …RESPONDENTS, (BY,SRI.,HARISHA,A.S.,,AGA,FOR,R1;, ,,,,,,SRI.,P.V.,CHANDRASHEKAR,,ADV.,FOR,R2;, ,,,,,,SMT.,NALINA,MAYEGOWDA,,SENIOR,ADVOCATE,FOR,, ,,,,,,SRI.,MAHESH,ARKALGUD,,ADV.,FOR,R3), , THIS, WP, IS, FILED, UNDER, ARTICLES, 226, AND, 227, OF, THE,CONSTITUTION,OF,INDIA,PRAYING,TO,DIRECTION,TO,THE, RESPONDENT, NO.2, TO, CONSIDER, THE, REPRESENTATION, DATED, 28.08.2023, (ANNEXURE-A), NOT, TO, PAY, THE, COMPENSATION, WITHOUT, CONSIDERING, THE, OBJECTIONS, FILED, BY, THE, PETITIONER,, SINCE, THERE, IS, DISPUTE, PENDING, BEFORE, THE, TAHSILDAR,, BENGALURU, NORTH, TALUK,, IN, HOA, (CR)/(N)/08/2004-05, (ANNEXURE-B), DATED,

14.11.2008., IN, RESPECT, OF, LAND, BEARING, SY., NO.79,, MEASURING, 28, GUNTAS, SITUATED, AT, CHIKKABANAVARA, VILLAGE,, YESHWATHAPURA, HOBLI,, BENGALURU, NORTH, TALUK,,BY,ALLOWING,THIS,WRIT,PETITION., e -e3e-eeeee e e NC:(2026:KHC:21911 WP(No.(25589(of(2025 C/W(WP(No.(36521(of(2025 IN(WP(NO.(36521/2025 BETWEEN: M/S,MYSORE,STONEWARE,PIPES,AND,, POTTERIES,LTD.,, A,COMPANY,INCORPORATED,UNDER,, THE,COMPANIES,ACT,1913,,, HAVING,ITS,ADDRESS,AT,NO.,452,,, TH11 ,,CROSS,,SADASHIVANAGAR,,, BENGALURU,-,560,080.,, REPRESENTED,BY,ITS,EXECUTIVE,DIRECTOR,,, MR.,RAJIV,RAMOHALLI., ...PETITIONER (BY,SMT.,NALINA,MAYEGOWDA,,SENIOR,ADVOCATE,FOR,, ,,,,,,SRI.,MAHESH,ARKALGUD,SRIKANTH,,ADVOCATE), AND:

1., G.,PAPAIAH, S/O,LATE,GOVINDAPPA,,, AGED,ABOUT,56,YEARS,,,

2., MUNIKRISHNA, S/O,LATE,NARAYANAPPA,,,, AGED,ABOUT,76,YEARS,,,

3., CHANNAKESHAVA, S/O,LATE,NARAYANAPPA,,, AGED,ABOUT,56,YEARS,,, ST RD1 ,TO,3 ,RESPONDENTS,ARE,, RESIDING,AT,CHIKKABANAVARA,VILLAGE,,, NEAR,BUS,STOP,,, e -e4e-eeeee e e NC:(2026:KHC:21911 WP(No.(25589(of(2025 C/W(WP(No.(36521(of(2025 HESARAGHATTA,MAIN,ROAD,,, YESHWANTHPURA,HOBLI,,, BENGALURU,NORTH,TALUK,,, BENGALURU,560,090.,

4., THE,TAHSILDAR,, BENGALURU,NORTH,TALUK,,, BENGALURU,560,009., ...RESPONDENTS (BY,SRI.,HARISHA,A.S.,,AGA,FOR,R4;, ,,,,,,SRI.,K.,VIJAY,KUMAR,,ADV.,FOR,R2,AND,R3;, ,,,,,,R1,SERVED), ,,,,,,,THIS,WP,IS,FILED,UNDER,ARTICLES,226,AND,227,OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO, QUASH, THE, IMPUGNED, ORDER, DATED, 30.11.2022, (ANNEXURE-K), PASSED,BY,THE,HON'BLE,VIII,ADDITIONAL,DISTRICT,AND, SESSIONS,JUDGE,BENGALURU,RURAL,IN,MA.NO.,3/2022.,, , THESE,PETITIONS,,COMING,ON,FOR,ORDERS,HEARING,, THIS,DAY,,ORDER,WAS,MADE,THEREIN,AS,UNDER:, CORAM:, HON'BLE,MR.,JUSTICE,S,SUNIL,DUTT,YADAV,

ORAL ORDER IN W.P.NO.25589/2025 W.P.No.25589/2025 has been filed seeking for issuance of writ of mandamus to respondent No.2 - Special Land Acquisition Officer to consider the representation dated 28.08.2023 and be restrained from paying compensation without consideration of objections filed by the petitioner on the premise that there is a dispute pending before the Tahsildar, Bengaluru North Taluk in Case No.HOA/CR/(N)08/2004-05 at Annexure-B in respect of land in Sy.No.79 measuring 28 guntas situated at Chikkabanavara Village, Yeshwanthapura Hobli, Bengaluru North Taluk.

¶2It is the case of the petitioner in W.P.No.25589/2025 that petitioner had filed an application seeking for regrant of the land in question in terms of the Karnataka Village Offices Abolition Act. It is the further case that the said claim of the petitioner for re-grant is

still pending consideration and has not attained finality in light of order in M.A.No.3/2022 having allowed the miscellaneous appeal setting aside the order of Tahsildar in Case No.HOA/CR/(N)08/2004-05 dated 14.11.2008 with a further direction to hold fresh inquiry by giving opportunity to the legal representatives of the deceased respondents No.3, 4, 5 and 11 (reference to respondents are the ranks that respondents hold in M.A.No.3/2022).

¶3The present petition could be disposed of with the observation that the respondent - KIADB would not disburse the compensation amount till the disposal of miscellaneous appeal.

¶4As the order in M.A.No.3/2022 is set aside as per the order in W.P.No.36521/2025, the appellants in M.A.No.3/2022 are required to take steps to bring legal representatives of the deceased respondents in the said appeal, failing which consequences would follow.

¶5The Learned District Judge may take appropriate steps to expedite disposal of the miscellaneous appeal, taking note of the seniority of the matter and the urgency pleaded. All contentions are kept open.

¶6Accordingly, the petition is disposed of. IN W.P.NO.36521/2025 W.P.No.36521/2025 has been filed seeking for setting aside of the order passed in M.A.No.3/2022, whereby the miscellaneous appeal filed challenging the order passed in Case No.HOA/CR/(N)08/2004-05, came to be allowed with direction to reconsider and pass fresh orders after giving an opportunity to the legal representatives of deceased respondents No.3, 4, 5 and (reference to respondents are the ranks that respondents hold in M.A.No.3/2022).

¶2Learned counsel for the respondent has undertaken to file memo along with list of legal

representatives of the deceased respondents as referred to in the order passed in M.A.No.3/2022, before the Court which passed the order in the miscellaneous appeal.

¶3Noticing that there is a direction in M.A.No.3/2022 to rehear the matter after issuing notice to the legal representatives of the deceased respondents as mentioned therein and also noticing that the counsel for the respondent has undertaken to file a memo along with the list of legal representatives of the deceased respondents before the Court, without entering into the merits of the observations made in M.A.No.3/2022, the order in M.A.No.3/2022 is set aside, matter is remitted for reconsideration insofar as claim of the petitioners herein as regards to Survey No.79 of Chikkabanavara Village is concerned. Such order is passed taking note that the respondent has undertaken to file a memo with details of legal representatives before the Court and noticing that learned District Judge had remitted the matter back to

Tahsildar for fresh enquiry after bringing legal representatives on record.

¶4Insofar as Sy.No.79, as petitioner is present, learned counsel for the respondent has undertaken that legal representatives would be brought on record, and the learned District Judge is to then determine the appeal as per law after recording a finding as to the death of the respondents therein and recording a finding as to their death in the proceedings in miscellaneous appeal or earlier.

¶5Further, as regards the order with respect to other survey numbers not relating to the claim of the petitioner i.e. Survey No.90 of Chikkabanavara Village, the learned District Judge may consider the contentions as permissible in law.

¶6Accordingly, it is reiterated that insofar as respondents in the miscellaneous appeal who have a say as regards claim of the petitioner in Survey No.79, the

petitioners could bring on record the legal representatives. Accordingly, the order in M.A.No.3/2022 is set aside and matter is remitted for reconsideration in light of observations made above. All other contentions are kept open.

¶7Accordingly, the present petition is disposed of. SD/- (S SUNIL DUTT YADAV) JUDGE MCR,GH List No.: 1 Sl No.: 24