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2025 DAILYLAW 3485 (KAR)

MULLANGI KISHORE KUMAR v. STATE OF KARNATAKA

WP/107737/2014 · 2025-03-24

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:5341 WP No. 107737 of 2014 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 107737 OF 2014 (LA-KIADB) BETWEEN: 1. MULLANGI KISHORE KUMAR S/O. M. NEELKANTAPPA, AGE: 40 YEARS, R/AT: VENIVEERAPURA POST, BELLARY, TQ: AND DIST: BALLARY-583 115. 2. P. BASAPPA S/O. LATE P. SHARANAPPA, AGE: 46 YEARS, R/AT: 1ST WARD, NEAR SANGAMESHWARA TEMPLE, KUDUTHINI POST, BALLARY-583 115. 3. P. PRAKASH S/O. LATE P. SHARANAPPA, AGE: 42 YEARS, R/AT: 1ST WARD, NEAR SANGAMESHWARA TEMPLE, KUDUTHINI POST, BALLARY-583 115. 4. 4(a) 4(b) 4(c) P.BASAPPA S/O LATE PALLED SHARANAPPA, SINCE DECEASED BY LR’S SHANTAKUMARI W/O LATE P.BASAPPA@BASAVARAJU, AGE: 42 YEARS, HARSHAVARDHANA S/O LATE P.BASAPPA @ BASAVARAJU, AGE:22 YEARS, KUM.PALLAVI, D/O LATE P.BASAPPA @ BASAVARAJU, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5341 WP No. 107737 of 2014 5. ALL ARE RESIDING AT: 1ST WARD, NEAR SANGAMESHWARA TEMPLE, KUDUTHINI POST, BELLARY, DIST: BELLARY-583 115. PALLED OMKARESH S/O LATE PALLED ADIVAPPA, AGED ABOUT 35 YEARS, R/AT, 4TH WARD, NEAR NAYANASWAMY MATTA, KUDITHINI POST, BELARY-583 115. 6. GOPALAREDDY S/O. LATE THIPPASWAMY, AGE: 36 YEARS, R/AT: NO. H 3/8, V.V.NAGAR (OLD GATE), TORANAGAL STATION, TQ: SANDUR, BALLARY-583 115. … PETITIONERS (BY SRI. HAREESH BHANDARY., ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKAS SOUDHA, BENGALURU, REPRESENTED BY ITS SECRETARY. 2. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO. 14/3, 2ND FLOOR, R.P. BUILDING, NRUPATHUNGA ROAD, BENGALURU, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 3. THE SPECIAL LAND ACQUISITION OFFICER, THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, ZONAL OFFICE, KARUR INDUSTRIAL AREA, PLOT NO. CA (1-B), P.B.ROAD, DAVANAGERE-577 006. 4. DEPUTY COMMISSIONER, BALLARY DISTRICT, BALLARY. - 3 - NC: 2025:KHC-D:5341 WP No. 107737 of 2014 5. UTTAM GALAVA FERROUS LTD., UTTAM HOUSE, NO.69, P.D. MELLO ROAD, MUMBAI-400 009, BY ITS MANAGING DIRECTOR. … RESPONDENTS (BY SRI. PRAVEEN.K.UPPAR., AGA FOR R1, 4; SRI. VEERESH.R.BHUDIHAL., ADVOCATE FOR R2, 5; SRI. GURUDEV.I.GACHHINAMATH., ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR HEARING- INTERLOCUTORY APPLICATION, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Hareesh Bhandary., counsel for the petitioners, Sri.Praveen K.Uppar., AGA for respondents 1 and 4 and Sri.Veeresh R.Bhudihal., counsel for respondents 2 and 5 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari quashing Annexures - L, L-1, L-2, L-3 and L-4 Endorsement bearing No.¥À.¸ÀA: «.¨sÀÆ.¸Áé/PÉLJr©/J¯ïJPÀÆå(3)/zÁ/¹Dgï/86/2014-15 dated 25.07.2014 issued by the third respondent and issue a Writ of Mandamus directing the authorities to pass the award under the provisions - 4 - NC: 2025:KHC-D:5341 WP No. 107737 of 2014 of Sections 26, 27, 28, 29, 30 and 31 of the Land Acquisition, Rehabilitation and Resettlement Act, 2013. 3. Counsel for the respective parties urged several contentions. 4. Counsel Sri.Veeresh R.Bhudihal., has placed reliance on the following decision: WRIT APPEAL NO.1071/2022 ALONG WITH CONNECTED MATTERS DISPOSED OF ON 21.02.2025. 5. Heard the arguments and perused the Writ papers with care. 6. It is not in dispute that the lands in question were acquired back in 2010. The compensation was awarded. The contention of the petitioners cannot be accepted, because of the decision of the Division Bench in Writ Appeal No.1071/2022 along with connected matters disposed of on 21.02.2025. Hence, the relief sought by the petitioners cannot be granted in the present writ petition. However, it is made clear that it will be open for the petitioners to avail the statutory remedies as - 5 - NC: 2025:KHC-D:5341 WP No. 107737 of 2014 available under KIAD Act and seek enhancement of compensation, in accordance with law. 7. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE RH List No.: 1 Sl No.: 24