Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8539 WP No. 4732 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 4732 OF 2025 (LA-KIADB)
BETWEEN:
SHRI B N MANJUNATH AGED ABOUT 61 YEARS, S/O A NARASIMHAMURTHY #A-68, 1ST MAIN ROAD, PILLAMMA BLOCK BENGALURU KARNATAKA- 560 021. …PETITIONER (BY SRI. CHANDAN GOWDA PATIL.,ADVOCATE)
AND:
1.
STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF INDUSTRIES AND COMMERCE VIKASA SOUDHA DR AMBEDKAR VEEDI, BENGALURU -560 001.
2.
DEPARTMENT OF INDUSTRIES AND COMMERCE VIKASA SOUDHA DR B.R. AMBEDKAR VEEDHI BENGALURU -560 001 (REP BY ITS PRINCIPAL SECRETARY (INDUSTRIAL DEVELOPMENT).
Digitally signed by SUMA B N Location: High Court of Karnataka
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NC: 2025:KHC:8539 WP No. 4732 of 2025
3.
THE CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER KARNTATAKA INDUSRIAL AREAS DEVELOPMENT BOARD, NO.49, 4TH AND 5TH FLOOR, EAST WING, KHANIJ BHAVAN RACE COURSE ROAD BENGALURU -560 001.
4.
SPECIAL LAND ACQUISITION OFFICER-II KARNAKATA INDUSTRIAL AREAS DEVELOPMENT BOARD NO.39, SHANTINAGAR BHARAT SCOUTS AND GUIDES BUILDING, 4TH FLOOR P ALACE ROAD, BENGALURU -560 001.
…RESPONDENTS
(BY SRI. SPOORTHY HEGDE N., HCGP.,ADVOCATE FOR R1 & R2;
SRI. P.V. CHANDRA SHEKAR., ADVOCATE FOR R3 AND R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSITUTION OF INDIA PRAYING TO DIRECTION FOR THE R-4 TO CONSIDER THE REPRESENTATION DATED. 17.06.2023 SUBMITTED BY THE PETITIONER TO ALLOT DEVELOPED LAND IN LIEU OF COMPENSATION IN RESPECT OF THE SUBJECT LAND WITHIN A PERIOD OF FOUR WEEKS VIDE ANNX-D.
THIS PETITION, COMING ON FOR PRELIMINAY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
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NC: 2025:KHC:8539 WP No. 4732 of 2025
ORAL ORDER
Petitioner claiming to be the erstwhile owner of the land bearing No.10, measuring 2 acres situated at Byradenahalli village, Kundana Hobli, Devanahalli Taluk, Bangalore Rural District, claiming to have acquired the same in terms of the Grant Order dated 08.06.2005, is before this Court seeking following reliefs;
"A. Issue a Writ of Mandamus or any other appropriate writ, order or direction for the Respondent No. 4 to consider the representation dated 17.06.2023 submitted by the Petitioner to allot developed land in lieu of compensation in respect of the subject land within a period of four weeks vide Annexure D.
And
B. Grant costs of the proceedings; and grant such other relief/s as this Hon'ble Court may deem fit in the interest of justice and equity."
2. Case of the petitioner is that though the Grant Certificate was issued as per Annexure -A by the Office of the Tahsildar, Devanahalli Taluk, Bangalore Rural District on 08.06.2005 in respect of aforesaid property, name of the petitioner was not mutated in the revenue records. That aforesaid land is subject matter of acquisition by the respondent -KIADB in terms of notification dated
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NC: 2025:KHC:8539 WP No. 4732 of 2025
26.05.2022. Name of the petitioner is not reflected in the notification. However, in the Joint Measurement Committee report produced at Annexure-C name of the petitioner is found at column No.10. Thereafter, petitioner had made a representation on 17.06.2023 to the respondent No.4 seeking allotment of developed land in lieu of the aforesaid land, which has not been considered by the respondents. Hence, the petition. 3. Thus, referring to the above, learned counsel for the petitioner submits if a direction issued to the respondent -KIADB to consider the representation of the petitioner as per Annexure-D dated 17.06.2023, purpose of filing the present petition would be served. 4. On the other hand, learned counsel for the respondent -KIADB submits representation would be considered provided petitioner proves his title and possession as it stood prior to the acquisition and to the satisfaction of the respondent -authorities in the manner
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NC: 2025:KHC:8539 WP No. 4732 of 2025
known to law and if he is found entitled, appropriate orders in accordance with law will be passed. 5. Submission is taken on record. 6.
In view of the above, following;
ORDER (1) Petition is disposed of. (2) Respondent No.4 is directed to consider the representation dated 17.06.2023 of the petitioner as per Annexure-D and after satisfying itself with regard to entitlement of the petitioner, pass appropriate orders within an outer limit of twelve (12) weeks from the date of receipt of certified copy of this order.
Sd/- (M.G.S. KAMAL) JUDGE
RU, List No.: 1 Sl No.: 26