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NC: 2025:KHC:16399 WP No. 11673 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 11673 OF 2025 (LA-KIADB) BETWEEN:
SRI. AVALAPPA, S/O. SRI. MUNIYAPPA, R/AT NO 45 KONAGATTA, DODDABALLAPURA, BANGALURU RURAL - 581 203. …PETITIONER (BY SRI. SHARAN N. MAJAGE, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU - 560 001.
REPRESENTED BY ITS CHIEF SECRETARY.
2.
THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, MAHARSHI ARAVIND BHAVAN, 1ST FLOOR, NRUPATUNGA ROAD, BANGALORE - 560 001.
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER.
3.
THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, MAHARSHI ARAVIND BHAVAN, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:16399 WP No. 11673 of 2025 1ST FLOOR, NRUPATUNGA ROAD, BANGALORE - 560 001.
REPRESENTED BY ITS SPECIAL LAND ACQUISITION OFFICER-2 …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1;
SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR R2 AND R3 )
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DTD 23.08.2024 AS PER ANNX-A 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 takes notice for respondent No.1.
Learned counsel Sri.H.L.Pradeep Kumar, who is present in the Court takes notice for respondents No.2 and 3.
2. In terms of the orders passed in W.P.No.13552/2023, dated 03.08.2023, the writ petition stands
disposed of in the following terms:
3.
Learned counsel for the petitioner submits that although the land in question was granted in favour of the petitioner in the year 1977 and Saguvali Chit was also issued,
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NC: 2025:KHC:16399 WP No. 11673 of 2025 nevertheless the name of the petitioner was not entered in the land records. In the meanwhile, acquisition notifications were issued for the benefit of the respondent - Karnataka Industrial Area Development Board notifying the lands in question along with other lands for development of an industrial area. However, it is submitted that at the instance of the petitioner, who had raised a dispute under Section 136(2) of the Karnataka Land Revenue Act before the Assistant Commissioner, Doddaballapur sub-division, the Assistant Commissioner issued certain directions to the Tahasildar, Devanahalli Taluk to verify from the records and if it is found that the grant was indeed made in favour of the petitioner, then to proceed to effect katha in favour of the petitioner.
Learned counsel would therefore submit that under similar circumstances, this Court issued directions to the respondent - Special Land Acquisition Officer of the KIADB to consider the representation given by the petitioner for award of compensation. Learned counsel seeks for similar orders.
4. Learned counsel for the petitioner is placing reliance on the orders passed in W.P.No.8088/2023 dated 13.04.2023 and W.P.No.8174/2023 dated 22.05.2023.
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NC: 2025:KHC:16399 WP No. 11673 of 2025
5. Having regard to the submissions made by the learned counsel for the petitioner and the orders passed by this Court in the two writ petitions relied upon by the learned counsel for the petitioner, this Court is of the considered opinion that the petitioner is entitled for similar relief.
6. The writ petition stands disposed of with a specific direction to the 3rd respondent - Special Land Acquisition Officer II, KIADB to consider the grievance of the petitioner for grant of compensation, on the ground that the petitioner is the owner of 1 Acre 29 guntas in Sy.No.7 of Chapparadahalli Village, Kundana Hobli, Devanahalli Taluk. The petitioner is also at liberty to pursue the remedy before the Tahasildar, Devanhalli Taluk. If the name of the petitioner is entered in the land records, the same can be brought to the notice of the Special Land Acquisition Officer so that he could take a decision in the matter of award of compensation.
Ordered accordingly. Sd/- (R DEVDAS) JUDGE AP List No.: 1 Sl No.: 6