- 1 - NC: 2025:KHC:4103 WP No. 4151 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4151 OF 2024 (GM-CPC) BETWEEN: THE SPECIAL LAND ACQUISITION OFFICER -01 KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD N.O 14/3, 1ST FLOOR ARAVINDA BHAVAN NRUPATHUNGA ROAD BANGALORE-560001 PRESENTLY AT NO.39 BHARATH SCOUTS AND GUIDES BUILDING, PALACE ROAD BENGALURU-560001 …PETITIONER (BY SRI. CHANDRASHEKAR P V.,ADVOCATE) AND: 1. SMT. SHOBHA REDDY W/O LATE JAYARAM REDDY AGED ABOUT 70 YEARS R/A ACHATANAHALLI VILLAGE NARASAPURA HOBLI KOLAR TALUK-563101. 2. REVENUE DEPARTMENT GOVERNMENT OF KARNATAKA M S BUILDING DR AMBEDKAR VEEDHI BENGALURU-560001 REPRESENTED BY ITS SECRETARY. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4103 WP No. 4151 of 2024 3. THE DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR-563101 4. THE THASILDAR KOLAR TALUK KOLAR-563101 …RESPONDENTS (BY SRI. CHAND PASHA.,ADVOCATE FOR R1: SMT. RADHA RAMA SWAMY, AGA. FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING FOR A DIRECTION OF SIMILAR NATURE AND TO QUASH/SET ASIDE THE ORDER DTD 04.11.2023 PASSED IN LAC NO. 1/2015 BY THE I ADDL. SENIOR CIVIL JUDGE AND CJM, KOLAR, AT ANNEXURE-E AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by respondent No.1 in LAC proceedings under Article 227 of the Constitution of India, challenging the order dated 04.11.2023 whereby the Reference Court refused to permit the petitioner to adduce evidence. 2. The land in dispute has been acquired by the State Government under the KIADB Act for formation of - 3 - NC: 2025:KHC:4103 WP No. 4151 of 2024 industrial area. The Land Acquisition Officer passed an award. Since there was dispute regarding the title to the property, the Land Acquisition Officer referred the matter to the Reference Court under Sections 30 and 31 of the Land Acquisition Act, 1894. On that basis, the matter has been treated as LAC No.1/2015 before the Principal Senior Civil Judge and CJM, Kolar. On an earlier occasion, this Court in MFA No.3974/2016 set aside the earlier order passed by the LAC Court and remitted the matter back to the Reference Court, with a direction that, after holding detailed enquiry and providing opportunity to the appellant and respondents, including the State Government, to pass appropriate orders, strictly in accordance with law. 3. After the matter was remanded by this Court, the petitioner herein filed an application seeking time to adduce the evidence on behalf of respondent No.1 – the Special Land Acquisition Officer. Even though the court has allowed the application and the matter has been - 4 - NC: 2025:KHC:4103 WP No. 4151 of 2024 adjourned, it has not permitted respondent No.1 to adduce evidence. Therefore, petitioner is before this Court. 4. On an earlier occasion, when the matter was remitted back, this Court has given a specific direction to the Reference Court to dispose of the matter after providing opportunity to the appellant and the respondents, including the State Government and pass orders appropriately. Under these circumstances, the order passed by the Reference Court in not allowing the SLAO is contrary to the direction issued by this Court. 5. Accordingly, the following order is passed: (i) Writ petition is allowed. (ii) The order dated 04.11.2023 passed by the Reference Court, to the effect of not allowing the petitioner herein to adduce evidence is set aside. (iii) The Reference Court is directed to permit the respondents before the Reference Court - 5 - NC: 2025:KHC:4103 WP No. 4151 of 2024 to adduce evidence and also directed to dispose of the matter on merits, as expeditiously as possible, not later than six months from the date of receipt of a copy of this order. (iv) The parties are directed to co-operate for expeditious disposal of the matter. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 63