SRI NANJUNDESHWARA SHETTY v. THE STATE OF KARNATAKA
WP/2298/2025 · 2025-03-03
R Devdas
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14380 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14380 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:8968 WP No. 2298 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 2298 OF 2025 (LA-KIADB) BETWEEN:
SRI. NANJUNDESHWARA SHETTY, S/O VENKATARAMANA SHETTY, AGED ABOUT 68 YEARS, R/O CART STREET DODDABALLAPURA TOWN, BANGALORE RURAL DISTRICT - 561 203. …PETITIONER (BY SRI. J.N. NAVEEN, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPT. OF COMMERCE INDUSTRIES, VIKAS SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.
2.
THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.49, 3RD AND 4TH FLOOR, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE - 560 001, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBERS.
3.
THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA
- 2 -
NC: 2025:KHC:8968 WP No. 2298 of 2025
NO.49, 3RD AND 4TH FLOOR, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE - 560 001. …RESPONDENTS (BY SRI. SPOORTHI HEGDE N, HCGP FOR R1;
SRI. B.B. PATIL, ADVOCATE FOR R2 AND R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.3 TO ALLOT DEVELOPED LAND IN FAVOUR OF THE PETITIONER FOR THE LANDS ACQUIRED IN SY.NO.64/2 MEASURING 1 ACRE 22 GUNTAS SITUATED AT ADINARAYANA HOSAHALLI VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT AS PER THE NOTIFICATION ISSUED UNDER SECTION 28(4) OF THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT ACT, 1966 DATED 30.1.2015 MARKED AT ANNEXURE-D BY CONSIDERING THE REPRESENTATION DATED 28.11.2024 MARKED AT ANNEXURE-G TO THE WRIT PETITION AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate is directed to take notice for 1st respondent. Sri.B.B.Patil, learned counsel is
directed to take notice for 2nd and 3rd respondent.
- 3 -
NC: 2025:KHC:8968 WP No. 2298 of 2025
2.
Learned counsel for the petitioner submits that the petitioner has given a representation dated 28.11.2024 at Annexure-G to respondent No.3 seeking grant of alternative developed land to the petitioner in lieu of respondent Nos.2 and 3 notifying and acquiring 1 acre 22 guntas in Sy.No.64/2 of Adinarayana Hosahalli Village, Kasaba Hobli, Doddaballapura Taluk. Learned counsel submits that the total extent of land which was available with the petitioner in Sy.No.64/2 was 2 acres 38 guntas and vide notification dated 14.06.2013 issued under Section 28(1) of the Karnataka Industrial Area Development Act, 1966 (hereinafter referred to as 'the Act' for short) and the notification dated 30.01.2015 under Section 28(4) of the Act, 1966, the entire extent of 2 acres and 38 guntas of land was notified and acquired. However, the petitioner admits that he has sold an extent of 1 acre 12 guntas in favour of one Sri.P.M.Siddappa under a registered sale deed dated 20.05.2013. Therefore, the petitioner has made a representation seeking grant of alternative developed land to the extent of 1 acre 22 guntas which remained with the petitioner.
- 4 -
NC: 2025:KHC:8968 WP No. 2298 of 2025
3.
Learned counsel Sri.B.B.Patil, however, submits that the said Sri.P.M.Siddappa has filed a writ petition before this Court raising a challenge to the acquisition notification. Therefore, learned counsel submits that the 2nd respondent will consider the representation given by the petitioner and dispose of the same in accordance with law.
4. Accordingly, the writ petition stands disposed of with a specific direction to the 3rd respondent-Special Land Acquisition Officer, KIADB, Bengaluru, to consider the representation dated 28.11.2024 at Annexure-G given by the petitioner, in accordance with law, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order. Ordered accordingly
Sd/- (R DEVDAS) JUDGE rv Sl No.: 2, CT: BHK