Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:39625 WP No. 28477 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 28477 OF 2025 (LA-KIADB)
BETWEEN:
1.
SMT BABY USHA KUMARI W/O LATE MADAIAH. C AGED ABOUT 67 YEARS, MAHADESHWARA EXTENSION, RESIDING AT PIPE LINE ROAD, KANAKAPURA, RAMANAGARA 562 117.
2.
MADHUSUDAN C.M.
S/O LATE MADAIAH, AGED ABOUT 43 YEARS, RESIDING AT NO.02, BENAKA NILAYA, PIPE LINE WEST, MAHADESHWARA EXTENSION, KANAKAPURA, RAMANAGARA - 562 117.
3. MAHADEVAMMA W/O GIRIGOWDA, AGED ABOUT 73 YEARS, RESIDING AT CHEELURU, KANAKAPURA, RAMANAGARA - 562 112.
4. SHIVAMMA W/O HONNAPPA, AGED ABOUT 67 YEARS, RESIDING AT SREENIVASA NILAYA, 4TH MAIN, 3RD CROSS, NEAR NATIONAL PUBLIC SCHOOL, SHESHADRIPURAM, SHIMOGA 577 201.
5.
G. JANAKI W/O B. SHIVALINGAIAH, AGED ABOUT 54 YEARS,
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:39625 WP No. 28477 of 2025
RESIDING AT NO.18, CHILURU, MARALAWADI (H), KANAKAPURA TALUK, RAMANAGARA - 562 112.
6.
C.S. HARSHA S/O B. SHIVALINGAIAH, AGED ABOUT 36 YEARS, RESIDING AT NO. 18, CHILURU, KANAKAPURA TALUK, RAMANAGARA - 562 112. …PETITIONERS (BY SRI. SRIHARI A. V., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA BANGALORE-560 001 BY ITS SECRETARY
2.
THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD EAST WING, KHANIJA BHAVAN BANGALORE-560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER
3.
THE SPECIAL LAND ACQUISITION OFFICER-1 THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO.14/1, ARAVINDA BHAVAN 1ST FLOOR, NRUPATHUNGA ROAD BENGALURU-560 001
…RESPONDENTS (BY SRI. P.V.CHANDRASHEKAR, ADVOCATE FOR R2 AND R3;
SRI. HARISHA A.S., AGA FOR R1)
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HC-KAR NC: 2025:KHC:39625 WP No. 28477 of 2025
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE GENERAL AWARD BEARING NO.KIADB.LAQ. 2013-14 DATED 30.12.2013 VIDE ANNEXURE-A PASSED BY THE THIRD RESPONDENT, AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA
ORAL ORDER
Learned Addl. Government Advocate accepts notice for respondent No.1.
2. Sri. P.V.Chandrashekar, learned counsel is
directed to take notice for respondent Nos.2 and 3.
3. Petitioners are before this Court seeking for the following reliefs:
"i) Issue Writ in the nature of Certiorari quashing the General Award bearing No.KIADB:LAQ: :2013-14 dated 30.12.2013 vide Annexure-A passed by the Third Respondent. ii) Issue a writ in the nature of mandamus directing the Respondents to consider the case of the Petitioners as per Section 29(2) of the KIAD Act for passing the consent Award in respect of Petitioners' lands measuring 15 guntas in Sy.No.108, 17 guntas in Sy.No.110/4, 12 guntas in Sy.No.114/4, 09 guntas
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HC-KAR NC: 2025:KHC:39625 WP No. 28477 of 2025
in Sy.No.115/1, 23 guntas in Sy.No.115/3, 01 gunta in Sy.No.129/1, 3 guntas in Sy.No.130/2, 10 guntas in Sy.No.130/3, 31 guntas in Sy.No.211/2, 10 guntas in Sy.No.211/3, 12 guntas in Sy.No.211/4, 30 guntas in Sy.No.211/5, 6 guntas in Sy.No.212/1, 3 acres 5 guntas in Sy.No.212/3, 1 acre 4 guntas in Sy.No.357/1, 1 acre 25 guntas in Sy.No.357/2 and 2 acre 16 guntas in Sy.No.357/3 of Cheeluru Village, Maralawadi Hobli, Harohalli Taluk, Ramanagara District. iii) Grant such other reliefs as this Hon'ble Court deem fit in the facts and circumstances of the case and in the interest of Justice and Equity."
4. Heard learned counsel appearing for the petitioners, learned AGA for respondent No.1 and learned counsel appearing for respondents 2 and 3.
5. Both learned counsel appearing for the parties fairly submit that in identical matters, the Co-ordinate Bench of this Court has considered the issue and answered the same in favour of the petitioners. One such petition is annexed along with the writ petition papers, in the case of VENKATACHALAIAH AND ANOTHER VS. STATE OF KARNATAKA AND OTHERS,1. This Court, relying upon
1 WP.No.15886/2025 D.D 01.07.2025
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HC-KAR NC: 2025:KHC:39625 WP No. 28477 of 2025
the earlier decision of the Co-ordinate Bench of this Court in the case of SMT MUNIYAMMA AND OTHERS Vs. THE STATE OF KARNATAKA AND OTHERS2, had granted similar reliefs.
6. Consequently, noting the submission of both sides, the present petition also needs to be proceeded in the similar manner and this Court pass the following:
ORDER i) The writ petition is disposed of. ii) The impugned General Award dated 30.12.2013 at Annexure-A *in so far as petitioners’ lands are concerned is hereby quashed. iii) Respondent No.3 is directed to consider the claim of the petitioners under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 within an outer limit of four months from the date of receipt of a copy of this order.
2 WP.No.15026/2021 D.D 18.08.2021 *Corrected vide Chamber Order dated 30.10.2025
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HC-KAR NC: 2025:KHC:39625 WP No. 28477 of 2025
iv) It is made clear that in the event, if any dispute arises with regard to entitlement and apportionment of the award amount, the General Award dated 30.12.2013 at Annexure-A, which has been quashed by this Court would revive. v) Liberty is reserved to respondent No.3, to withdraw the amount, if deposited before the Civil Court pursuant to the General Award.
Sd/- _____________________ JUSTICE K.S. HEMALEKHA
PHM List No.: 1 Sl No.: 23