Ashok Kumar v. , S/o. Late Venkataiah T. K. VS State of Karnataka, Represented By Its Principal Secretary, Department of Commerce And Industries
2025-05-22
B.M.SHYAM PRASAD, K.V.ARAVIND
body2025
DigiLaw.ai
JUDGMENT : (B.M. SHYAM PRASAD, J.) The petition in Writ Petition No.10313/2024 by the fourth to sixth respondents is disposed of by the impugned order dated 12.11.2024 quashing the Award dated 09.11.2023 in KIADB/LAQ/4037/2023-2024, and the operative portion of this impugned order reads as under: "(i) Accordingly, the writ petition is allowed. (ii) In view of setting aside the consent award dated 09.11.2023 (Annexure-A), the private respondent Nos.4 to 7 are hereby directed to re-deposit the amount before the respondent No.3-KIADB. In turn, the respondent-KIADB shall deposit the same before the Civil Court for adjudication with regard to the apportionment of compensation is concerned. (iii) The private respondents are directed to re-deposit the amount within a period of 2 months from the receipt of this order." 2. The learned counsels for the parties state that the appellants and the private respondents have agreed that in view of the inter se settlement, the appellants and the seventh and eighth respondents, who have received compensation from M/s KIADB, will pay certain amounts to others, and in fact, the compromise petition under Order XXIII Rule 3 of CPC is placed on record detailing the amounts agreed upon and the instruments made over to others, apart from setting-forth the details of the settlement. These details read as under : "6. That, the Respondents No.4 to 6 including Sri Gangaraj, Smt. Parvathamma and Smt. A Bhagya have received the amount, which are as follows: S. No. Ranking of the Parties Amount 1. Sri Ashok Kumar V. a) A sum of Rs.4,25,000/- to Respondent No.4 Smt. Jayamma vide Cheque bearing No. 202046 dated 21/05/2025, drawn on Karnataka Bank Ltd., Basaveshwaranagar. b) A sum of Rs.4,25,000/- to Respondent No.4 Smt. K.Kanthamma, vide Cheque bearing No.202047 dated 21/05/2025, drawn on Karnataka Bank Ltd. Basaveshwaranagar. c) A sum of Rs.4,25,000/- to Respondent No.4 Smt. Sharada, vide Cheque bearing No.202048 dated 21/05/2025, drawn on Karnataka Bank Ltd., Basaveshwaranagar. d) A sum of Rs.4,25,000/- to Sri.Gangaraj, vide Cheque bearing No.202050 dated 21/05/2025, drawn on Karnataka Bank Ltd. Basaveshwaranagar. e) A sum of Rs.4,25,000/- to Smt.Bhagya, vide Cheque bearing No.202049 dated 21/05/2025, drawn on Karnataka Bank Ltd. Basaveshwaranagar. f) A sum of Rs.4,25,000/- to Smt. Parvatamma, vide Cheque bearing No.202051 dated 21/05/2025, drawn on Karnataka Bank Ltd. Basaveshwaranagar. 2.
d) A sum of Rs.4,25,000/- to Sri.Gangaraj, vide Cheque bearing No.202050 dated 21/05/2025, drawn on Karnataka Bank Ltd. Basaveshwaranagar. e) A sum of Rs.4,25,000/- to Smt.Bhagya, vide Cheque bearing No.202049 dated 21/05/2025, drawn on Karnataka Bank Ltd. Basaveshwaranagar. f) A sum of Rs.4,25,000/- to Smt. Parvatamma, vide Cheque bearing No.202051 dated 21/05/2025, drawn on Karnataka Bank Ltd. Basaveshwaranagar. 2. Sri Mohan Kumar V. a) A sum of Rs.4,25,000/- to Respondent No.4 Smt. Jayamma vide Cheque bearing No.385295 dated 20/07/2025, drawn on State Bank of India, Basaveshwaranagar (09049). b) A sum of Rs.4,25,000/- to Respondent No.5 Smt. K. Kanthamma, vide Cheque No.385296 dated 20/07/2025, drawn on State Bank of India, Basaveshwaranagar (09049). c) A sum of Rs.4,25,000/- to Respondent No.6 Smt.Sharada, vide Cheque bearing No. 385297 dated 20/07/2025, drawn on State Bank of India, Basaveshwaranagar (09049). d) A sum of Rs.4,25,000/- to Sri.Gangaraj, vide cheque bearing No.385299 dated 20/07/2025, drawn on State Bank of India, Basaveshwaranagar (09049). e) A sum of Rs.4,25,000/- to Smt. Bhagya, vide cheque bearing No. 385298 dated 20/07/2025, drawn on State Bank of India, Basaveshwaranagar (09049). f) A sum of Rs.4,25,000/- to Smt. Parvatamma, vide Demand Draft bearing No. 385300 dated 20/07/2025, drawn on State Bank of India, Basaveshwaranagar (09049). 3. Sri Sateesh Kumar H. a) A sum of Rs.4,25,000/- to Respondent No.4 Smt. Jayamma vide Cheque bearing No. 745762 dated 21/05/2025, drawn on State Bank of India, Basaveshwaranagar (09049). b) A sum of Rs.4,25,000/- to Respondent No.5 Smt. K.Kanthamma, vide Cheque bearing No. 745761 dated 21/05/2025, drawn on State Bank of India, Basaveshwaranagar (09049). c) A sum of Rs.4,25,000/- to Respondent No.6 Smt.Sharada, vide Cheque bearing No. 745764 dated 21/05/2025, drawn on State Bank of India, Basaveshwaranagar (09049). d) A sum of Rs.4,25,000/- to Sri.Gangaraj, vide Cheque bearing No. 745763 dated 21/05/2025, drawn on State Bank of India Basaveshwaranagar (09049). e) A sum of Rs.4,25,000/- to Smt.Bhagya, vide Cheque bearing No. 745765 dated 21/05/2025, drawn on State Bank of India Basaveshwaranagar (09049). f) A sum of Rs.4,25,000/- to Smt. Parvatamma, vide Cheque bearing No.854919 dated 21/05/2025, drawn on Canara Bank, Vyalikaval. 4. Sri Manoj Kumar H. a) A sum of Rs.4,25,000/- to Respondent No.4 Smt. Jayamma vide Demand Draft bearing No. 384560 dated 21/05/2025, drawn on State Bank of India, Basaveshwaranagar (09049).
f) A sum of Rs.4,25,000/- to Smt. Parvatamma, vide Cheque bearing No.854919 dated 21/05/2025, drawn on Canara Bank, Vyalikaval. 4. Sri Manoj Kumar H. a) A sum of Rs.4,25,000/- to Respondent No.4 Smt. Jayamma vide Demand Draft bearing No. 384560 dated 21/05/2025, drawn on State Bank of India, Basaveshwaranagar (09049). b) A sum of Rs.4,25,000/- to Smt.K.Kanthamma, vide Cheque bearing No. 384558 dated 21/05/2025, drawn on State Bank of India, c) A sum of Rs.4,25,000/- to Smt. Sharada, vide Cheque bearing No. 384559 dated 21/05/2025, drawn on State Bank of India Basaveshwaranagar (09049). d) A sum of Rs.4,25,000/- to Sri. Gangaraj, vide Cheque bearing No. 384562 dated 21/05/2025, drawn on State Bank of India Basaveshwaranagar (09049). e) A sum of Rs.4,25,000/- to Smt. Bhagya, vide Cheque bearing No. 384561 dated 21/05/2025, drawn on State Bank of India Basaveshwaranagar (09049) f) A sum of Rs.4,25,000/- to Smt. Parvatamma, vide Cheque bearing No. 384563 dated 21/05/2025, drawn Bank of on India Basaveshwaranagar (09049). 7. That, the Respondents No.4 to 6 including Sri.Gangaraj, Smt.Parvatamma and Smt. A.Bhagya and No.7, No.8, would relinquish their claim over Mara Malki component amount to Appellant No.2 by signing the appropriate withdrawal letter to their objection petition before the KIADB SLAO office, Respondent No.3. The Appellant No.1 has also agreed that he would be relinquishing his rights over Mara Malki claim in favour of the Appellant No.2. 8. The Respondents No.4 to 6 have agreed that they do not have any objections to disburse their respective share of Mara Malki amount by KIADB SLAO office, Respondent No.3, in favour of Appellant No.2 herein. The Respondent No. 4 to 8, including Sri.Gangaraj, Smt. Parvatamma and Smt. A.Bhagya will cooperate with the Appellant No.2 to get Mara Malki amount in his favour by KIADB SLAO office, Respondent No.3. 9. The parties confirm that all disputes between the Appellants and Respondents No.4 to 8 including Sri.Gangaraj, Smt. Parvatamma and Smt. A.Bhagya towards the compensation amount received by the KIADB with respect to property measuring 35 guntas in Sy. No.66/3 and 2 Acres of land in Sy. No.221 of Obalapura Village, are fully and finally resolved. Neither the Appellants nor the Respondents No.4 to 8 including Sri. Gangaraj, Smt. Parvatamma and Smt. A.Bhagya shall not have any claim whatsoever against each other with respect to the property including Mara Malki, in dispute before this Hon'ble Court or in any legal redressel forum.
No.221 of Obalapura Village, are fully and finally resolved. Neither the Appellants nor the Respondents No.4 to 8 including Sri. Gangaraj, Smt. Parvatamma and Smt. A.Bhagya shall not have any claim whatsoever against each other with respect to the property including Mara Malki, in dispute before this Hon'ble Court or in any legal redressel forum. 10. The parties have entered this compromise petition voluntarily out of their own free will and without any force, coercion, or influence of any person. 11. The Appellants and Respondents No.4 to 8 including Sri.Gangaraj, Smt. Parvatamma and Smt. A.Bhagya, hereto have mutually agreed that neither party hereto and/or their respective legal heirs or representatives or anyone claiming through or under them shall challenge this compromise petition on the ground that it is unequal. The Appellants and the Respondents No.4 and 8 including Sri.Gangaraj, Smt. Parvatamma and Smt. A.Bhagya, undertake and declare that they have no claims of whatsoever against each other with respect to subject property including Mara Malki, before this Hon'ble Court and shall abide by the terms of this Compromise Petition. The Appellants and Respondents No.4 and 8 including Sri.Gangaraj, Smt. Parvatamma and Smt. A.Bhagya, have agreed that they will abide with the terms of this Compromise Petition and the parties shall act accordingly." 3. The appellants and the private respondents as also Sri Gangaraj, Smt. Parvatamma and Smt. A. Bhagya [who are not parties to the proceedings but have agreed to receive the amounts as aforesaid] are present and are identified as mentioned in today's Daily Order. When queried each of them acknowledge the terms of the settlement as aforesaid. 4. This Court is persuaded to conclude that the parties have amicably settled their dispute bringing quietus to the litigation, and hence, the terms of the compromise are accepted and the writ appeal is allowed-in-part modifying the impugned order in terms as aforesaid restoring the award dated 09.11.2023.