- 1 - HC-KAR NC: 2025:KHC:20148 WP No. 12485 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 12485 OF 2025 (LA-KIADB) BETWEEN: 1. SRI NANJUNDAIAH S/O LATE CHIKKAVEERAIAH AGED ABOUT 42 YEARS 2. SRI MANJUNATHA LATE CHIKKAVEERAIAH AGED ABOUT 40 YEARS BOTH ARE RESIDENTS OF BOMMEGOWDANAPALYA BELLAVI HOBLI, B.G.PALYA TUMAKURU – 572 128. …PETITIONERS (BY SRI M.B.CHANDRA CHOODA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF INDUSTRIES AND COMMERCE, M.S.BUILDING DR. AMBEDKAR VEEDHI BENGALURU – 560 001. 2. THE SPECIAL LAND ACQUISITION OFFICER KIADB, 1ST FLOOR, MARUTHI TOWER Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20148 WP No. 12485 of 2025 NEAR SIT GATE, B.H.ROAD TUMAKURU – 572 201. …RESPONDENTS (BY SRI SPOORTHY HEGDE N., HCGP FOR R1; SRI P.V.CHANDRASHEKAR, ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD DATED 26/07/2019 PASSED IN CASE NO. LAQ/KIADB/TU/2019-20 BY THE SPECIAL LAND ACQUISITION OFFICER, KIADB, TUMKUR VIDE ANNEXURE-E, IN SO FAR IT RELATES TO THE LAND BEARING SY.NO.41/9P1 MEASURING 2-00 ACRES OF SOREKUNTE VILLAGE, BELLAVI HOBLI, TUMKUR TALUK, BY ISSUE OF WRIT OF CERTIORARI. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are at the doors of this Court seeking the following prayer: “i) quash the General Award dated 26/07/2019 passed in Case No. LAQ/KIADB/TU/2019-20 by the Special Land Acquisition Officer, KIADB, Tumkur vide Annexure-E, in so far it relates to the land bearing Sy.No.41/9P1 measuring 2-00 Acres of Sorekunte village, Bellavi Hobli, Tumkur Taluk, by issue of writ of certiorari, ii) issue writ of mandamus, directing the second respondent to withdraw the amount in deposit on the file of Principal Civil Judge, Tumakuru District, Tumakuru, in No. SLAO/KIADB/TU/Comp No.6039/2020-21/196 vide Annexure-G, the cheque - 3 - HC-KAR NC: 2025:KHC:20148 WP No. 12485 of 2025 dated 20/06/2020 drawn on Corporation Bank by the Special LAO, KIADB in the name of Principal Senior Civil Judge, Tumkur, Annexure-H, and disburse the same to the petitioners, iii) issue direction to the second respondent to pass consent award in favour of of the petitioners as per the consent award, dated 30.07.2019 fixed by the second respondent vide Annexure-F, in respect of the land bearing Sy.No.41/9P1 measuring 2-00 Acres of Sorekunte village, Bellavi Hobli, Tumkur Taluk. iv) issue any appropriate writ, order or direction as deemed fit in the circumstances of the case.” 2. Heard Sri M.B.Chandra Chooda, learned counsel for petitioners, Sri Spoorthy Hegde N., learned High Court Government Pleader for respondent No.1 and Sri P.V.Chandrashekar, learned counsel for respondent No.2. 3. Learned counsel appearing to the petitioners submits in plethora of identical matters, this Court has considered the issue and answered in favour of the petitioners. One such order passed by the coordinate bench of this Court in W.P.No.33825/2024, disposed on 13.12.2024, has allowed the petition and directed the respondents to consider the case of the petitioners therein and pass necessary order in accordance with law. - 4 - HC-KAR NC: 2025:KHC:20148 WP No. 12485 of 2025 4. Learned High Court Government Pleader would not dispute the position of law; the identical circumstance and afore-quoted judgment rendered by the coordinate bench of this Court. 5. This Court in W.P.No.33825/2024, disposed on 13.12.2024, has held as follows: “2. In this writ petition, the grievance of the petitioners is that the lands belonging to the petitioners has been acquired by the respondent-authorities for the purpose of formation of Industrial Layout and the General Award Annexure-C dated 26.07.2019 is passed by the respondent-authorities. It is stated in the writ petition that insofar as the petitioners lands in question are concerned, petitioners are willing for consent award that may be passed by the respondent-authorities. 3. In that view of the matter, this Court in several writ petitions has considered similar cases and therefore, I pass the following order :- a. Writ petition is allowed; b. Certiorari is issued, the General Award bearing No.LAQ/KIADB/TU/2019-20 dated 26.07.2019 passed by 2nd respondent at Annexure – C insofar as the property of the petitioners are concerned is hereby quashed; c. Respondent No.2 is directed to consider the case of the petitioners in terms of Section 29(2) of the KIAD Act upon the petitioners satisfying all the requirements thereof; - 5 - HC-KAR NC: 2025:KHC:20148 WP No. 12485 of 2025 d. In the event of there being any claims adverse as regards the petitioner in respect of the said lands prior to the disbursal of the amount, the General Award will come back automatically into force. e. Respondent No.2 is permitted to withdraw the amount in deposit and disburse to the petitioner. Therefore, the issues as answered by the co-ordinate bench of this Court supra and in the light of the issues standing covered on all its fours, the writ petition stands disposed on the very same findings and the observations. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 9 CT:SS