- 1 - NC: 2025:KHC:17072 WP No. 6230 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO.6230 OF 2025 (LA-KIADB) BETWEEN: SRI SRINIVAS S/O. LATE. CHANNAPPA, AGED ABOUT 67 YEARS, R/AT HEGADIHALLI VILLAGE, TUBUGERE HOBLI, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT. KARNATAKA 561205. …PETITIONER (BY SRI. SUNIL S RAO., ADVOCATE FOR SRI. T SESHAGIRI RAO., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE, KIADB 4TH AND 5TH FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU, KARNATAKA 560 001. 2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, REPRESENTED BY ITS CHAIRMAN, 49, 4TH AND 5TH FLOORS, 'EAST WING', KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU, KARNATAKA 560001 Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17072 WP No. 6230 of 2025 3. THE SPECIAL LAND ACQUISITION OFFICER BMICP, KIADB, OFFICE AT 14/3, 1ST FLOOR, MAHARSHI ARAVIND BHAVAN, NRUPATHUNGA ROAD, AMBEDKAR VEEDHI, SAMPANGI RAMA NAGAR, BENGALURU, KARNATAKA 560009. 4. SMT. RAMAKKA W/O.LATE. CHANNAPPA AGED ABOUT 82 YEARS 5. SRI.C.NARAYANASWAMY S/O LATE. CHANNAPPA AGED ABOUT 59 YEARS 6. SMT.CHANDRAMMA W/O.C.NARAYASWAMY AGED ABOUT 52 YEARS 7. KUM.N.MADHUSHREE D/O.C.NARAYANASWAMY, AGED ABOUT 29 YEARS 8. SRI. HEMANTH S/O.C.NARAYANASWAMY, AGED ABOUT 23 YEARS RESPONDENTS 4 TO 8 ARE R/O TUBUGERE HOBLI, HEGGADIHALLI VILLAGE, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT. PAN CODE 521605 9. SMT. ANUSUYAMMA W/O.LAKSHMAN, - 3 - NC: 2025:KHC:17072 WP No. 6230 of 2025 D/O LATE CHANNAPPA AGED ABOUT 61 YEARS, RESIDING AT AGRAHARA VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT. PAN CODE 561205 …RESPONDENTS (BY SRI. SESHU V., HCGP FOR R1 SRI. P.V. CHANDRASHEKAR., ADVOCATE FOR R2 & R3 SRI. VINAY KUMAR N.D., ADVCOATE FOR R5 SR4, R6 TO R8 SERVED - UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 AND 3 TO CONSIDER THE REPRESENTATION FOUND AT ANNEXURE-A AND DIRECT RESPONDENTS NO.2 AND 3 TO REFER THE MATTER TO THE APPROPRIATE AUTHORITY IN ACCORDANCE WITH SECTIONS 64 AND 65 OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION, AND RESETTLEMENT ACT, 2013 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The petitioner contends that he has raised an objection before the 3rd respondent - Special Land Acquisition Officer stating that the petitioner is also entitled for a share in the property in question i.e., in Sy.No.92, Sy.No.99 and old Sy.No.53 of Nagadenahalli - 4 - NC: 2025:KHC:17072 WP No. 6230 of 2025 Village, Kasaba Hobli, Doddaballapur Taluk. It is also brought to the notice of the Special Land Acquisition Officer that a suit in O.S.No.1 of 2023 has been filed by the petitioner seeking partition and separate possession of 1/4th share in the lands in question. Learned counsel would therefore submit that having regard to Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the 3rd respondent is required to refer the matter for adjudication of title and apportionment of the compensation to the Reference Court. 2. Learned counsel for the respondent - KIADB submits that the petitioner has filed the objection on 08.12.2024 and has filed this writ petition immediately thereafter without waiting for the Special Land Acquisition Act to take steps in accordance with law. 3. Having regard to the facts narrated herein above, this Court is of the considered opinion that the 3rd respondent is required to refer the matter for adjudication - 5 - NC: 2025:KHC:17072 WP No. 6230 of 2025 in terms of Section 64 of the Act, 2013 or in terms of Section 30 of the Land Acquisition Act, whichever is applicable to the facts and circumstances of the case. 4. Accordingly, the petition stands disposed of with a direction to the 3rd respondent to consider the objections raised by the petitioner and refer the matter for adjudication/apportionment in accordance with law, as expeditiously as possible and at any rate within a period of eight weeks from the date of receipt of a copy of this order. 5. Needless to observe that since objections have been raised by the petitioner, the 3rd respondent shall not disburse the compensation to any person without referring the matter for adjudication. Ordered accordingly. Sd/- (R DEVDAS) JUDGE KLY CT: JL