- 1 - HC-KAR NC: 2025:KHC:20713 WP No. 16832 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 16832 OF 2025 (LA-KIADB) BETWEEN: SRI SUBRAMANYA D., S/O ANJINAPPA AGED ABOUT 49 YEARS R/AT NO. 217/308 MUNISWAMAPPA LAYOUT NEAR RAILWAY STATION KODIGEHALLI, SAHAKARANAGARA POST BENGALURU - 560 092. …PETITIONER (BY SMT. CHITHRALEKHA H. R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA BENGALURU – 560 001. 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REP. BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER KHANIJA BHAVANA, RACE COURSE ROAD BENGALURU – 560 001. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20713 WP No. 16832 of 2025 3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO.14/3, 1ST FLOOR, CFC BUILDING MAHARSHI ARAVINDA BHAVAN NRUPATUNGA ROAD, BENGALURU – 560 001. …RESPONDENTS (BY SRI SESHU V., HCGP FOR R1; SRI H.L.PRADEEP KUMAR, ADVOCATE FOR R2 AND R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD BEARING NO. KIADB/LAQ/2051/2023-24 DATED 06.06.2023 PASSED BY THE RESPONDENT NO. 3 IN RESPECT OF LAND IN SY. NO. 109/3 MEASURING 1 ACRE 21 GUNTAS SITUATED AT DODDAGOLLAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT, IN SO FAR AS THE PETITIONER IS CONCERNED, WHICH IS PRODUCED AS ANNEXURE-C. 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 petitioner is at the doors of this Court seeking the following prayer: “i) Issue writ of certiorari quashing the General Award bearing No.KIADB/LAQ/2051/2023-24 dated: 06.06.2023 passed by the Respondent No.3 in respect of land in Sy.No.109/3 measuring 1 Acre 21 Guntas situated at Doddagollahalli Village, Kundana Hobli, Devanahalli Taluk, Bangalore Rural District, in - 3 - HC-KAR NC: 2025:KHC:20713 WP No. 16832 of 2025 so far as the Petitioner is concerned, which is produced as ANNEXURE – C. ii) Issue any suitable order, direction or writ in the nature of mandamus directing the respondent herein to consider the case of the petitioner as per section 29(2) of the KIADB Act and direct the Respondent No.3 to withdraw the amount deposited in the reference court. iii) Pass such other order, writ or direction as the Hon’ble Court deems fit in the facts and circumstances of the case including costs.” 2. Heard Smt. Chitralekha H.R., learned counsel for petitioner, Sri Sheshu V., learned High Court Government Pleader for respondent No.1 and Sri H.L.Pradeep Kumar, learned counsel for respondent Nos.2 and 3. 3. Learned counsel appearing to the petitioners submits in plethora of identical matters, coordinate benches of this Court has considered the issue and answered in favour of the petitioner. One such order passed by the coordinate bench of this Court in W.P.No.12671/2025, disposed on 26.04.2025, has allowed the petition and directed the respondents to consider the case of the petitioner therein and pass necessary orders in accordance with law. - 4 - HC-KAR NC: 2025:KHC:20713 WP No. 16832 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.12671/2025, disposed on 26.04.2025, has held as follows: “2. Learned counsel for the petitioner submits that a General Award has been passed only on the ground that the petitioner was absent when the matter was heard by the Special Land Acquisition Officer for award of compensation, as could be seen in the discussions made in the General Award dated 24.08.2017 at Annexure-'D'. 3. Learned counsel submits that this Court has held in several matters including the recent decision in the case of Harisha.R /vs./ State of Karnataka and others in W.P.No.12703/2023 dated 27.06.2023 following an earlier decision in W.P.No. 6198/2015, that the land loser would be entitled for a better price as compensation instead of determination under a General Award. As a consequence, all such matters where it was found that a General Award was passed only on some technical ground that the land loser was not present at the time of hearing or such other technical reasons, this Court was of the considered opinion that since the land loser would get a better price if the compensation is awarded in terms of the agreement and not under a General Award, the award may be passed in terms of an agreement. Therefore, the learned counsel submits that similar benefit should be given to the petitioner. 4. On going through the following judgments, which were rendered by this Court: - 5 - HC-KAR NC: 2025:KHC:20713 WP No. 16832 of 2025 i) Smt. Rukmani v/s State of Karnataka-W.P No.39611-39612/2016 dated 16.09.2016; ii) Sri.Basavaraju vs. State of Karnataka - W.P.No.34071/2017 dated 28.08.2017; iii) Sri.Rajanna vs. State of Karnataka - W.P.No.51362/2016 dated 21.03.2018; iv) Smt.Ningamma vs. state of Karnataka - W.P.No.6198/2015 dated 25.08.2015; v) Sri.Bhyraiah vs. State of Karnataka - W.P.No.40896/2017 dated 24.01.2019. this Court is of the considered opinion that the petitioner is entitled for similar relief as was given in the cases mentioned hereinabove. 5. Consequently, the following: ORDER (i) The writ petition is allowed. (ii) The impugned General Award dated 24.08.2017 at Annexure-'D' insofar as the petitioner's land is concerned is set aside. (iii) The respondent-Special Land Acquisition Officer, KIADB is directed to reconsider the request of the petitioner for award of compensation by way of an agreement under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 and pass necessary orders within a period of three months from the date of receipt of a copy of this order. (iv) The respondent – Special Land Acquisition Officer, KIADB, is at liberty to withdraw the amount that has been deposited by it pursuant to the General Award before the jurisdictional court. (v) Needless to state that in the event of any dispute, the General Award would stand restored.” - 6 - HC-KAR NC: 2025:KHC:20713 WP No. 16832 of 2025 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 directions. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 29 CT:SS