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2025 DAILYLAW 18967 (KAR)

SRI. H T SWAMY v. THE STATE OF KARNATAKA

WP/6650/2025 · 2025-03-07

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:9885 WP No. 6650 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 6650 OF 2025 (LA-KIADB) BETWEEN: 1. SRI. H.T. SWAMY, S/O SRI. THIMMEGOWDA, AGED ABOUT 57 YEARS, 2. SMT. GIRIYAMMA, W/O SRI. THIMMEGOWDA, AGED ABOUT 69 YEARS, 3. SRI. D.R. CHANDRAYIGOWDA, S/O SRI. RANGEGOWDA, AGED ABOUT 53 YEARS, 4. SMT. GIDDAMMA, W/O SRI. GUNDEGOWDA, AGED ABOUT 78 YEARS, 5. SRI. GUNDDEGOWDA, S/O SRI BETTEGOWDA, AGED ABOUT 75 YEARS, ALL ARE RESIDENT OF DODDAHONNENAHALLI VILLAGE, SHANTIGRAMA HOBLI, HASSAN TALUK - 573 201, HASSAN DISTRICT. …PETITIONERS (BY SRI. CHETHAN B, ADVOCATE) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9885 WP No. 6650 of 2025 AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF INDUSTRIES, VIKASA SOUDHA, DR. AMBEDAR VEEDHI, BANGALORE - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE CHIEF ENGINEER, KARNATAKA INDUSTRIAL DEVELOPMENT BOARD, NO. 49, 4TH AND 5TH FLOOR, KANIJA BHAVAN, RACE COURSE ROAD, BANGALORE - 560 001. 3. THE SPECIAL LAND ACQUISITION OFFICER, KIDB, KRS ROAD, METAGALLI INDUSTRIAL AREA, NEAR VIKRANTH TYRES, MYSORE - 570 001. 4. THE EXECUTIVE ENGINEER, KARNATAKA INDUSTRIES DEVELOPMENT ZONAL BOARD, INDUSTRIAL DEVELOPMENT CENTER, HOLENARASIPURA ROAD, HASSAN - 573 201. 5. THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN - 573 201. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N, HCGP FOR R1 AND R5; SRI. H.N. VASUDEV, ADVOCATE FOR R2 AND R4) - 3 - NC: 2025:KHC:9885 WP No. 6650 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 TO CONSIDER THE REPRESENTATIONS DATED 28.11.2024 FOR DEVELOPING THE ACQUIRED LAND AND FOR ALLOTMENT OF THE DEVELOP LAND PURSUANT TO GOVERNMENT ORDER DATED 13.08.2007 AND 23.02.2021 IN FAVOUR OF THE P-1 TO 5 HEREIN AS PER ANNX-A TO E RESPECTIVELY AT THE EARLIEST IN A TIME BOUND. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader is directed to take notice for respondent Nos.1 and 5. Sri.H.N.Vasudev, learned counsel who is present in the Court takes notice for respondent Nos.2 to 4. 2. Learned counsel for respondent Nos.2 to 4-KIADB submits that the petitioners have furnished copy of the order passed by this Court in W.P.No.56533/2015 at Annexure-G, where some of the petitioners herein were also parties. It is pointed out that submissions were made on behalf of the petitioners that though they have raised a challenge to the - 4 - NC: 2025:KHC:9885 WP No. 6650 of 2025 acquisition proceedings, they do not press the said challenge, however, they seek necessary directions to the respondent-KIADB to allot developed lands in lieu of the compensation in terms of government orders dated 13.08.2007 and 23.02.2021. However, it is now submitted by the petitioners that a time frame should be given to the respondent-KIADB to consider the representations and dispose of the same in terms of the government order. 3. Learned counsel for the petitioners submits that although such directions were given by this Court in the said writ petition, nevertheless, no time frame was fixed, to the respondent-KIADB has not acted in terms of the directions given by this Court. Therefore, the petitioners have given one more representation to the respondent-KIADB. 4. Accordingly, the writ petition stands disposed of with a specific direction to respondent Nos.3-SLAO and 4- Executive Engineer, KIADB, Mysore, to consider the representations dated 28.11.2024 at Annexures-A to E and pass necessary orders in terms of the government orders dated 13.08.2007 and 23.02.2021, as expeditiously as possible and - 5 - NC: 2025:KHC:9885 WP No. 6650 of 2025 at any rate within a period of three months from the date of receipt of a copy of this order. Ordered accordingly. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 4 CT: BHK