LAWS(KAR)-2020-9-391

LATHA Vs. STATE OF KARNATAKA

Decided On September 15, 2020
LATHA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Petitioners claim to be the co-owner of land bearing Sy.No.11 measuring 10 acres 20 guntas situated at Manavartha Kaval village, Uttarahalli Hobli, Bangalore South Taluk.

(2.) Petitioners state that they have instituted a suit in OS No.1573/2015 on the file of the Senior Civil Judge, Bangalore Rural District for partition and possession of their 1/7th share. The said suit is pending consideration. They further state that one of the daughters of deceased Nanjappa by name Lakshmamma has also filed a suit in OS No.581/2019 on the file of the Senior Civil Judge, Bangalore Rural District, Bangalore for partition. In the said suit, the KIADB is one of the defendant.

(3.) Petitioners state that the land in question has been acquired by the State for the benefit of Metro Rail Project. They further state that the award is passed. Taking advantage of the revenue entries, respondents No.4 to 33 are trying to withdraw the compensation amount awarded by respondent No.2. Petitioners got issued a legal notice dated 17.6.2020 at Annexure-E to respondent No.2 so as not to disburse the compensation amount awarded in respect of the land in question in favour of any person and refer the matter to the jurisdictional Civil Court under Sections 30 and 31(2) of the Land Acquisition Act. Petitioners' grievance is that the legal notice issued by the petitioners has not been considered by respondent No.2 till today.