Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:26022 WP No. 19346 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 19346 OF 2025 (LA-KIADB) BETWEEN:
SMT. MUNIRATHNAMMA, W/O LATE MUTHYALAPPA, AGED ABOUT 75 YEARS, R/AT BYRADENAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU – 562 110. …PETITIONER (BY SRI. SHARAN N.MAJAGE, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BENGALURU - 560 001.
2.
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU – 560 001.
Digitally signed by NAGAVENI Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:26022 WP No. 19346 of 2025
3.
THE SPECIAL LAND ACQUISITION OFFICER-2, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.14/3, 1ST FLOOR, CFC BUILDING, MAHARSHI ARAVINDA BHAVAN, NRUPATUNGA ROAD, BENGALURU – 560 001. …RESPONDENTS (BY SRI SESHU V., HCGP FOR R1;
SRI H.L.PRADEEP KUMAR, ADVOCATE FOR R2 AND R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE GENERAL AWARD BEARING NO.
KIADB/LAQ/2268/2023-24 DATED 19.06.2023 PASSED BY THE RESPONDENT NO. 3 IN RESPECT OF LAND IN SY.NO.60 J.M.C BLOCK NO.14 MEASURING 1 ACRE, SITUATED AT BYRADENAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT, IN SO FAR AS THE PETITIONER IS CONCERNED, WHICH IS PRODUCED AS ANNEXURE-D 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 the following prayers:
“i) Issue writ of certiorari quashing the General Award bearing No.KIADB/LAQ/2268/2023-24 dated 19.06.2023 passed by the Respondent No.3 in respect of land in Sy.No.60 J.M.C Block No.14 measuring 1 acre, situated at Byradenahalli Village, Kundana Hobli, Devanahalli Taluk, Bangalore Rural
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HC-KAR NC: 2025:KHC:26022 WP No. 19346 of 2025
District, in so far as the Petitioner is concerned, which is produced as ANNEXURE-D.
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 GO dated 13.08.2007 bearing No. CI 417 SPQ 2007 marked as ANNEXEURE-E, the GO dated 13.05.2008 bearing No. CI 495 SPQ 2008 marked as ANNEXURE-F and the latest GO dated 23.02.2021 bearing No. 103 SPQ (E) 2019 marked as ANNEXURE-G.
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. Heard Sri. Sharan N Majage, learned counsel for petitioner, Sri. Seshu V., learned High Court Government Pleader for respondent No.1 and Sri.H.L. Pradeep Kumar,
learned counsel for respondent Nos.2 and 3.
3.
Learned counsel appearing to the petitioner submits in plethora of identical matters, this Court has considered the issue and answered in favour of the petitioner. One such order passed by the coordinate bench of this Court in W.P.No.33825/2024, disposed on 13.12.2024, has allowed the petition and directed the respondents to consider the case of
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HC-KAR NC: 2025:KHC:26022 WP No. 19346 of 2025
the petitioners therein and pass necessary order in accordance with law.
4. Learned High Court Government Pleader would not dispute the position of law; the identical circumstance and afore-quoted judgment rendered by the coordinate bench of this Court.
5. This Court in W.P.No.33825/2024, disposed on 13.12.2024, has held as follows:
“2. In this writ petition, the grievance of the petitioners is that the lands belonging to the petitioners has been acquired by the respondent-authorities for the purpose of formation of Industrial Layout and the General Award Annexure-C dated 26.07.2019 is passed by the respondent-authorities. It is stated in the writ petition that insofar as the petitioners lands in question are concerned, petitioners are willing for consent award that may be passed by the respondent-authorities.
3. In that view of the matter, this Court in several writ petitions has considered similar cases and therefore, I pass the following order :- a. Writ petition is allowed; b. Certiorari is issued, the General Award bearing No.LAQ/KIADB/TU/2019-20 dated 26.07.2019 passed by 2nd respondent at Annexure – C insofar as the property of the petitioners are concerned is hereby quashed;
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HC-KAR NC: 2025:KHC:26022 WP No. 19346 of 2025
c. Respondent No.2 is directed to consider the case of the petitioners in terms of Section 29(2) of the KIAD Act upon the petitioners satisfying all the requirements thereof; d. In the event of there being any claims adverse as regards the petitioner in respect of the said lands prior to the disbursal of the amount, the General Award will come back automatically into force. e. Respondent No.2 is permitted to withdraw the amount in deposit and disburse to the petitioner.
Therefore, the issues as answered by the Co-Ordinate Bench of this Court supra and in the light of the issues standing covered on all its fours, I pass the following:
ORDER a. Writ petition is allowed; b. Certiorari is issued, the General Award bearing No.KIADB/LAQ/2268/2023-24 dated 19.06.2023 passed by 3rd respondent at Annexure – D insofar as the property of the petitioner is concerned is hereby quashed; c. Respondent No.3 is directed to consider the case of the petitioner in terms of Section 29(2) of the
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HC-KAR NC: 2025:KHC:26022 WP No. 19346 of 2025
KIAD Act upon the petitioner satisfying all the requirements thereof; d. In the event of there being any claims adverse as regards the petitioner in respect of the said land prior to the disbursal of the amount, the General Award will come back automatically into force. e. Respondent No.3 is permitted to withdraw the amount in deposit and disburse to the petitioner. Ordered accordingly.
Sd/- (M.NAGAPRASANNA) JUDGE
CBC List No.: 1 Sl No.: 56 CT:SS