Sri Nataraj vs The Manager (Tech) on 11 November, 2008

IN THE HIGH COURT OF KARNATAKA AT B;ANGAL9m3 it i   ~ .

DATED T1113 T1113 11*" DAY 01? NOVEMBER zuéjs A 1.: "  

BEFORE

THEHOMBLE MRJUSTICES. '4I§D£i1:.g§?AZEE;i?" A = " 

Mz__mI1'PETIrI0NN0,65a1z2§e? Q4-Rag}    k
Betweefli n V' ' ' V

Sri Nataraj, ~. vv
SE0 Mohan Nagara}1al1i.,    . 
Aged about 33 years,»    g   " 
Occ; Busimss, R;'o.No.3??1,._~65v"'}Cru~$s,  3 A
5"' Block, Rajajin%1ga1 :,["   .     
Banga!ore---5_6_(_.? Oi'{):'»~. i:.;;._ V   "    Petitioner.

(By Sn Madém A>£§>h2m I\%f:'VI€i1a:ff§ur;£%3g;iv;)

And :

 . A ifs;-mzgxager  «

 Aiid cdéizpeient authority
 ' ,.FG!L&if1ii'A£(§iiiSiii011,
'--- Natii:u1aI'g1iWavys Authority of India,
*sam- Co1:51;}(,'T1'Vidyagifi,
Dzzagwgmsao 001.

H  x Sri  Sazrthosh Swamy,

» [_' " VUEF A Muragjswamy, Gurusllivanandaswanzy,
 V_'UfFASanga1mbasaswan1y Viraktamath,
1}/'F Shiggaexvn. Math,

 = V.--Station Road, Hubli.



By His PA Holder Sri Pralcash Swamy
Esliwaraiah Viraktamatll, '
Major, ace; Supervision of Math,

Ric: Hubli, new {fa Shiggaon-581  43%; ;. .;1{e§}x3A11d'§11is.V  '  

(By Sri Singhania &. Partners, Advs. rm RI  A
Sri BR. Satenahalli, Adv. for R2)  '*-  2

This Writ Petition is fi{éd u::d'cr_  35 227 ofthe
Constitution, praying to direct". VRI.__te '_.re1ea3ev the ; cmnpensation
an1ount as per award  23.:1'0.20€}3,  - ~ '

This \*efrit:.E'e*fit;f§xi§::§::<:t1iir§g.,g-ix-..fer*-. Pféiinzizzary Hearing in 'B'
Group this day, £21; Cipazn n1"ade4f9i'iowm'g: '

The   measuring 4 acres 15 guntas

situated ajsi:    District, was acquired by the

   theégroxrisions of Nafiorxal Highways Act,

15556: The award was passed as per ékxmextxre

_  "As   by the competent authority. It appears that

~  also the second respondent claimed compensation

  the said land on the ground that they are its tithe-

VT  In the meantime, the second respondent flied a civil suit in

5

5%



O.S.No.13(}:'2%l for a declaration that he is the ewner of the 

property and for a fimhez' deciaration that he is entitled fer ..

compensation amount in respect of the said land fiorn  "ii  

respondent. During the pendency of the said" stair, the .; V  

respondent filed a wet petition _beft:tret__ titie cotet - in i L

W.P.No.13742f2002 directing the first tee,:oodent'"not_'to.  V

the compensation amount to the ;$€titienefiihet*eii:.ii"i'}1is CoLti't"b}'? its
order dated 16.2.2004 disposed of to tift$re.st;iittii.'.:ott¥;t't petition

directing the first respondeitt degroeit iameunt in 3

oetioeotieeo  parties is settled in
the Civil cotttt; i._'rote  liberty to the parties to
approach  first   sztithdrawal of the said amount in
ttto} eotooiietttiteir right to the property in question

in tf1e"'(?iVi.i  suit was dismissed for non-prosecution

 16.1.2636.  has averted that the second respondent has '

 e , Miseelianeous ceeo Ne.2r'2{H}6 for t-oetototioo of

4i"if'_'--.:_i:0.i_Si;§Ie.Vi3t3?2t)01 before too Civii Judge (Sr.Dn.)., Shiggaon too

  it . V __   is pending. Learned Counsel for the first respondent

,--~---Mr»



submits that the Miscellaneous Case has been dismissed 

Civil Court. Therefore, petitioner has filed this Writ petitioii   

mandamus directing the first respondent to-release the   

Per the award at Annexure 'A' dated   A. 3

2. The respondents have any .'  of
objections. H A  l
3. I have heard the learned   

4. It    lands in question have been

acquired !A)y_Vthe  the Act. Section 3-9 of the

 xfor  a declaration. Sub-section (2) of

  makes it clear that on publication of the

l  "'vdeclat*3'tion Es-uli)-section (1), the land shall vest absolutely in

" i;'v'tl;é'»CAentral"Gi§vemtne:1t flee from all encumbrances. Section 3-H

 'of  provides for deposit and payment of amount. Sub-

  (3) of Section 3-H of the Act is relevant for the purpose of

i



this case which states that where several persons claim to.~~be?_;  " 

interested in the amount deposited under sub-section'  

competent authority shall determine the     X

are entitled to receive the ernount payableto__eachlof_ 

5. In the instant case, the  and  

respondent contend that they are 
amount. Material on record clearly  _*suit.__filed by

the second respoz1dent:.,e«Eé.:i:rr;ing   has been

dismissed. Therefore' A' {is etttpediment for the frst
respondent to deeidethe  with sub-section ( 3)
of Section 3511 or the.VAe-t,_V_V'Slr1ceV'the suit has been dismissed for

 upon the first respoudent; to decide

 the  "award amount in accordance with sub-

Vfseetirm (3) orsectim  ofthe Act.

     result, I pass the following:



ORDER

(i) The first respondent is directed to issue .

petitioner as also the second respondent thereaflerv’deeideas’to

who is entitled for payment of eom;5e«nsa’tieni’ ” 2:]

nationalised bank pursuant to the by in i

W.P.N0.13742./2002 dated 15.2.2oo4,ii

(ii) It is needless to entitled for payment
of the award amounxgre algse’ iof the interest

aeerued en the…éii=1fie2iinLt–.’.inv ;:_:ufSu.ant.iite the order in the

aferesaictwrit péti:i.¢n,__ ,

(iii) Writ petition accordingly. N0 costs.

…..

Iudge

_m.4MJi.21i’2(re$*”