- 1 - NC: 2025:KHC:2350 WP No. 33817 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 33817 OF 2024 (LA-KIADB) BETWEEN: 1. SRI BASAVARAJU K. S., S/O LATE SIDDALINGAPPA AGED ABOUT 49 YEARS R/AT KODIHALLI VILLAGE KORA HOBLI TUMKUR TALUK – 572 128. 2. SMT. GOWRAMMA W/O LATE SIDDALINGAPPA AGED ABOUT 74 YEARS R/AT KODIHALLI VILLAGE KORA HOBLI, TUMKUR TALUK – 572 128. 3. SMT. KALPANA K. S., D/O LATE SIDDALINGAPPA W/O RAVIKUMAR T. V., AGED ABOUT 51 YEARS R/AT WARD NO.1, RANGAPURA OORUKERE, TUMKUR – 572 106. 4. SMT. YASHODHA K. S., S/O LATE SIDDARAMANNA AGED ABOUT 47 YEARS R/AT KODIHALLI VILLAGE KORA HOBLI Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:2350 WP No. 33817 of 2024 TUMKUR TALUK – 572 128. 5. SRI DEVARAJU K. S., S/O LATE SIDDALINGAPPA AGED ABOUT 44 YEARS R/AT KODIHALLI VILLAGE KORA HOBLI TUMKUR TALUK – 572 128. …PETITIONERS (BY SRI ASHWINI P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES VIDHANA SOUDHA, BENGALURU - 01. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER #14/3, II FLOOR, R.P. BUILDING, NRUPATHUNGA ROAD, BENGALURU - 01. 3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, I FLOOR, MARUTHI TOWER NEAR SIT MAIN GATE TUMKUR – 572 103. …RESPONDENTS (BY SRI SPOORTHY HEGDE N.,HCGP FOR R1; SRI P.V.CHANDRASHEKAR, ADVOCATE FOR R2 AND R3) - 3 - NC: 2025:KHC:2350 WP No. 33817 of 2024 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/612/2013-14 DTD. 20.12.2013 PASSED BY R-3 IN RESPECT OF THE PETITIONERS WAS THE ABSOLUTE OWNER OF LAND BEARING SY.NO. 4 MEASURING 0-05 GUNTAS, SITUATED AT SANGENAHALLI VILLAGE, KORA HOBLI, TUMKUR TALUK, TUMKUR DISTRICT OF PETITIONERS IS CONCERNED, WHICH IS PRODUCED AT ANNX- A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER 1. The case of the petitioners is that, they are the absolute owners of the land in survey No.4, measuring 05 guntas, situated at Sangenahalli village, Kora Hobli, Tumkur Taluk, Tumkur District. Respondent No.1 acquired the said property for the benefit of respondent No.2 for setting up an industrial area. That without adhering to the provisions of Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (for short ‘the Act’), respondent No.3 has passed a general award. That though the petitioners are agreeable for acquisition of the land by the respondents, an opportunity of arriving at an agreement has been denied. Hence, the petition. - 4 - NC: 2025:KHC:2350 WP No. 33817 of 2024 2. Learned counsel for the petitioners submits that the facts involved in the petition and the relief sought for, are similar and identical to the one in W.P.No.22091/2022, wherein a co-ordinate bench considering the issue involved in the case before it, disposed the said writ petition by an order dated 30.11.2022, produced at Annexure ‘B’. 3. Learned counsel for respondent Nos.2 and 3 – Karnataka Industrial Areas Development Board does not dispute the same. 4. In that view of the matter, the following: ORDER a. The petition is allowed in part. b. The impugned general award bearing No.KIADB/LAQ/612/2013-14, dated 20.12.2013, passed by respondent No.3 insofar as the land of the petitioners is concerned, is hereby quashed. c. Respondent No.3 is directed to consider the case of the petitioners in terms of Section 29(2) of the Act, on the petitioners satisfying all the requirements thereof. - 5 - NC: 2025:KHC:2350 WP No. 33817 of 2024 d. If there is any dispute, the general award would stand revived. e. Respondent No.3 is directed to withdraw the amount deposited before the competent Court if any, and disburse to the petitioners herein, in accordance with law. Sd/- (M.G.S. KAMAL) JUDGE NVJ List No.: 1 Sl No.: 25