- 1 - HC-KAR NC: 2025:KHC:38024-DB WA No. 155 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 155 OF 2025 (LA-KIADB) BETWEEN: 1. SMT. LAKSHMAMMA W/O LATE SIDDAPPA D/O LATE KEMPAIAH AGED ABOUT 97 YEARS R/AT GOWDALAHNAPALYA BANASWADI POST SIRAGANAHALLI DHAKALE SOLUR HOBLI MAGADI TALUK RAMANAGAR DISTRICT - 562 159. REP. BY G.P.A. HOLDER SAROJAMMA W/O. SRI M. MUNIGANGA AGED ABOUT 65 YEARS R/AT No.85 SRI VAJRAGIRI NILAYA 10TH CROSS ROAD 20TH MAIN ROAD BTM 1ST STAGE BENGALURU - 560 068. …APPELLANT (BY SRI HEMANTH KUMAR J., ADVOCATE FOR SRI SRINIVAS V., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY IT'S Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38024-DB WA No. 155 of 2025 PRINCIPAL SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA BANGALORE - 560 001. 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD GOVERNMENT OF KARNATAKA UNDERTAKING NO.14/3, 2ND FLOOR, RP BUILDING NRUPATHUNGA ROAD BANGALORE - 560 001. 3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO.14/3, 2ND FLOOR, RP BUILDING NRUPATHUNGA ROAD BANGALORE - 560 001. 4. SRI. GANGASWAMY @ GANGASWAMAIAH S/O LATE THIMMA HANUMAIAH AGED ABOUT 75 YEARS R/AT OBALAPURA VILLAGE THYAMAGONDLU HOBLI NELAMANGALA TALUK -560 035 BANGALORE RURAL DISTRICT. …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR R-1 & MS. NAMITHA S., ADVOCATE FOR SRI H.L. PRADEEP KUMAR, ADVOCATE FOR R-2 & 3) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS APPEAL AND SET-ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION No.4959/2024 ON 10.12.2024 AND CONSEQUENTLY DISMISS THE WRIT PETITION FILED BY THE RESPONDENT No.4 & ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:38024-DB WA No. 155 of 2025 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the present appeal impugning an order dated 10.12.2024 passed by the learned Single Judge in W.P.No.4959/2024 (LA-KIADB). The said petition was filed by respondent No.4 (Sri Gangaswamy alias Gangaswamaiah―the writ petitioner). The writ petitioner had challenged the general award dated 07.12.2022 passed by the Special Land Acquisition Officer in respect of lands described as measuring 1 acre 10 guntas falling in Survey No.18/1A, and 3 acres 30 guntas falling in Survey No.69/1 located at Obalapura Village, Thyamagondlu Hobli, Nelamangala Taluk, Bangalore Rural District [subject lands]. Both the appellant and the writ petitioner are claiming rights in the subject lands. In the meanwhile, consent award was passed by the Karnataka Industrial Areas Development Board in respect of the subject lands. - 4 - HC-KAR NC: 2025:KHC:38024-DB WA No. 155 of 2025 2. The compensation agreed was higher than the compensation payable under the general award passed pursuant to the acquisition proceedings. The appellant had opposed the said petition and the impugned order indicates that the appellant is willing to abide by the general award. 3. In view of the aforesaid dispute, the learned Single Judge passed an order setting aside the general award dated 07.12.2022 and had also directed that in the event of there being any adverse claims in respect of the petitioner, prior to the disbursal of the amount, the general award will automatically come back in force. 4. The learned counsel for the appellant submits that the appellant would be prejudiced if any amount of compensation is disbursed to the writ petitioner. 5. The learned counsel appearing for the writ petitioner submits that the compensation has already been deposited and the writ petitioner will not claim the disbursal of the same. 6. In view of the aforesaid statement, the learned counsel for the appellant submits that the present appeal may be disposed of. - 5 - HC-KAR NC: 2025:KHC:38024-DB WA No. 155 of 2025 7. In view of the above, the appeal is disposed of by directing that the writ petitioner is bound down to the statement made on his behalf as noted above. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE KPS List No.: 1 Sl No.: 30