- 1 - HC-KAR NC: 2025:KHC:30235 WP No. 23471 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 23471 OF 2025 (LA-KIADB) BETWEEN: 1. SRI VENKATESHAPPA S/O. MUNIVEERAPPA, AGE ABOUT 53 YEARS, R/AT. MALLIYAPPANAHALLI KURGAL, KOLAR DISTRICT-563103 …PETITIONER (BY SRI. SHARAN N.MAJAGE.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BANGALORE-560 001. 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REP. BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560 001. 3. THE SPECIAL LAND ACQUISITION OFFICER-2 KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.14/3, 1ST FLOOR, CFC BUILDING, MAHARSHI ARAVINDA BHAVAN, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30235 WP No. 23471 of 2025 NRUPATUNGA ROAD, BANGALORE-560 001. …RESPONDENTS (BY SMT.RASHMI M.RAO, HCGP FOR R1 SRI H.L.PRADEEEP KUMAR, ADVOCATE FOR R2 & R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD BEARING NO. KIADB.LAQ.1928.2024-25 DATED 29.03.2025 PASSED BY THE RESPONDENT NO. 3 IN RESPECT OF LAND IN SY.NO.45/6 MEASURING 16 GUNTAS, SITUATED AT MALLYAPPANAHALLI VILLAGE, VEMAGAL HOBLI, KOLAR TALUK, KOLAR DISTRICT, IN SO FAR AS THE PETITIONER IS CONCERNED, WHICH IS PRODUCED AS ANNEXURE-G AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is at the doors of this Court seeking quashment of the General Award dated 29.03.2025, passed by respondent No.3 in respect of land in Sy.No.45/6 measuring 16 guntas, situated at Mallyappanahalli Village, Vemagal Hobli, Kolar Taluk and District qua the petitioner. 2. Heard Sri. Sharan N Majage, learned counsel appearing for the petitioner and Smt.Rashmi M.Rao, learned HCGP appearing for respondent No.1, Sri.H.L.Pradeep Kumar, - 3 - HC-KAR NC: 2025:KHC:30235 WP No. 23471 of 2025 learned counsel appearing for respondent Nos.2 and 3 and perused the material on record. 3. Learned counsel appearing to the petitioner submits that the issue in the lis at hand is identical to the issue that is considered by a Coordinate Bench in W.P.No.36514/2024 (LA-KIADB), disposed on 05.02.2025. Therefore, he seeks the same relief as is granted in the aforesaid writ petition. 4. Learned counsel for the respondents also admits that the issue in the lis is identical to the issue considered in W.P.No.36514/2024. 5. The Coordinate Bench of this Court in W.P.No.36514/2024 (LA-KIADB), disposed on 05.02.2025, has held as follows: "The petitioner claiming to be the absolute owner of land bearing Sy.No.60 (JMC Block No.22) measuring 1 acre situated at Bairadenahalli village, Kundanan Hobli, Devanahalli Taluka, Bengaluru District, which has been acquired by the respondent-KIADB in terms of the provisions of Section 28 of KIADB act is before this Court seeking following relief: "1) Issue writ of certiorari quashing the General Award bearing No. KIADB/LAQ/626/2023-24 dated: - 4 - HC-KAR NC: 2025:KHC:30235 WP No. 23471 of 2025 24.05.2023 passed by the Respondent No. 3 in respect of land in Sy.No. 60 (JMC Block No.22) measuring 1 Acre of land situated at Bairadenahalli Village, Kundana Hobli, Devanahalli Taluk, Bangalore Rural District, in so far as the Petitioner is concerned, which is produced as ANNEXURE-E. ii) Issue any suitable order, direction or writ in the nature of mandamus directing the respondent herein to consider the case of the petitioner for grant of developed land as per as per in the industrial layout formed by acquiring the land of the petitioner. on the lines of the G.O dated 13.05 2008 bearing No. CI 495 SPQ 2008 marked, as ANNEXURE-F, the G.O dated 13.08.2007 bearing No. CI 417 SPQ 2007 marked as ANNEXURE- G and the latest GO dated 23.02.2021 bearing No. 103 SPQ (E) 2019 marked as ANNEXURE-H. iii) Pass such other order, writ or direction as the Hon'ble Court deems fit in the facts and circumstances of the case including costs." 2. Learned counsel for the petitioner submits that the general award has been passed. However, in view of the government order dated 13.05.2008 produced at Annexures-F, G & H, the petitioner is also entitled for developed land in the industrial layout formed by the respondent-KIADB. Hence, seeks for quashing of the general award and for a direction to respondent-KIADB to consider his requisition/representation for allotment of developed land in lieu of the monetary compensation as per the government order dated 13.05.2008. - 5 - HC-KAR NC: 2025:KHC:30235 WP No. 23471 of 2025 3. Learned counsel for the respondent- KIADB on the other hand does not dispute that in terms of the government order dated 23.02.2021, which is the current government order, governing the field, petitioner would be entitled for developed land in the industrial layout formed by the KIADB in view of monetary compensation. He submits if a representation in this regard is made by the petitioner, the same will be considered in accordance with law. 4. Submission is taken on record. Accordingly, the following: ORDER i) The writ petition is allowed. ii) The general award bearing No.KIADB/LAQ/626/2023-24 dated 24.05.2023 passed respondent No.3 in respect of land bearing Sy.No.60 (JMC Block No.22) measuring 1 acre situated at Bairadenahalli village, Kundana Hobli, Devanahalli Taluka, Bengaluru District, is hereby quashed. iii) The petition shall make a fresh representation within 30 days from the date of receipt of certified copy this order, thereupon the respondent-KIADB to consider the same in terms of the government order referred to in the writ petition at annexure-H. iv) Such exercise shall be done with an outer limit of eight weeks from the date of submission of representation by the petitioner. - 6 - HC-KAR NC: 2025:KHC:30235 WP No. 23471 of 2025 v) The respondent-KIADB is at liberty to withdraw the amount in deposit, if any." In the light of the afore-quoted judgment and the identical facts, the petitioner is also entitled for the similar relief. 6. For the aforesaid reasons, the following: ORDER i) The Writ Petition is allowed. ii) Impugned General Award dated 29.03.2025, passed by respondent No.3, stands quashed qua the petitioner. iii) The petitioner shall make a fresh representation within 30 days from the date of receipt of certified copy of this order, thereupon the respondent-KIADB to consider the same in terms of the Government Orders dated 13.08.2007, 13.05.2008 and 23.02.2021 referred to in the writ petition respectively at Annexures-J, K and L. iv) Such exercise shall be done with an outer limit of eight weeks from the date of submission of representation by the petitioner. - 7 - HC-KAR NC: 2025:KHC:30235 WP No. 23471 of 2025 v) The respondent-KIADB is at liberty to withdraw the amount in deposit, if any. Sd/- (M.NAGAPRASANNA) JUDGE VM List No.: 1 Sl No.: 32