Karnataka High Court
WA/665/2026 of SRI SOMANNA @ KEMPASHETTY Vs THE STATE OF KARNATAKA on 19 June 2026
NC: 2026:KHC:30316-DB WA No. 665 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO.665 OF 2026 (LB-RES) BETWEEN: SRI. SOMANNA @ KEMPASHETTY, S/O SRI.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JUNE, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT APPEAL NO.665 OF 2026 (LB-RES)
BETWEEN:
SRI. SOMANNA @ KEMPASHETTY,
S/O SRI. REVANNA,
AGED ABOUT 46 YEARS,
RESIDING AT NO. 174/A,
1ST MAIN ROAD, KAMALA NAGAR,
BENGALURU - 560 079.
…APPELLANT
(BY SRI. RAVISHANKAR SENIOR ADVOCATE FOR
SRI. AJIT KALYAN., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HOUSING,
VIKAS SOUDHA,
BENGALURU - 560 001.
2.
THE COMMISSIONER,
KARNATAKA HOUSING BOARD,
KAVERI BHAVAN,
K.G. ROAD, BENGALURU - 560 009.
…RESPONDENTS
(BY SRI. S.H. RAGHAVENDRA M., AGA FOR R1, SRI. H.L. PRADEEP KUMAR., ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO CALL FOR
THE RECORDS AND TO FURTHER TO SET ASIDE THE ORDERS
(COMMON ORDER PASSED ON BOTH IA NO.3/26 AND IA-4/26,
Digitally
signed by
REKHA R
Location:
High Court
of Karnataka
HC-KAR
WHEREIN IT IS STATED THAT IA NO.3 IS NOT PRESSED)
PASSED
ON
IA
NO.4/26
DATED:31.01.2026
IN
WP
NO.5003/2024 ISSUE APPROPRIATE WRIT.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present appeal has been filed impugning the order dated 31.01.2026 passed on I.A.Nos.3/2026 and 4/2026 in W.P.No.5003/2024. Vide impugned order passed by the writ court, the writ court directed the respondent No.2/Karnataka Housing Board to refund the sum of Rs.29,83,781/- along with interest at 6% p.a. from the date of deposit upto 28.02.2026 with costs of Rs.50,000/-.
2. Vide order dated 27.02.2026 this Court passed the following order: "Learned AGA accepts notice on behalf of respondent No.1.
HC-KAR
Learned counsel for the appellant is directed to serve copy of the writ appeal along with annexures on Sri H.L. Pradeep Kumar, learned counsel, who represented respondent No.2, before the writ Court.
We are issuing limited notice of this appeal to respondent No.2, for enhancing the rate of interest from 6% to 9% p.a. from the date of deposit up to 28.02.2026.
In the meantime, the petitioner may accept RS.54,00,000/- without prejudice to the petitioner's right for higher rate of interest.
Post this appeal on 25.03.2026."
3. Sri.H.L.Pradeep Kumar, learned counsel appearing for the respondent No.2 submits that this Court may enhance the rate of interest from 6% p.a. to 9% p.a. Considering the said submission, we enhance the rate of interest to be paid by the respondent No.2 on sum of Rs.29,83,781/- from 6% p.a. to 9% p.a. from the date of deposit till today. The entire amount along with interest thereon at 9% p.a. from the date of deposit till today along with cost of Rs.50,000/- to paid within a period of four (4) weeks from today. The said amount shall be credited to the account of appellant through RTGS. The
HC-KAR
appellant shall furnish the Bank details to Sri.H.L.Pradeep Kumar forthwith.
The writ appeal stands disposed of.
Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
DR List No.: 1 Sl No.: 26 ct-vn