- 1 - HC-KAR NC: 2025:KHC:30255 WP No. 22385 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.22385 OF 2025 (LA-KIADB) BETWEEN: 1. SRI. NANJUNDAIAH, S/O CHANDRAIAH, AGED ABOUT 67 YEARS, RESIDING AT CHEELURU VILLAGE, MARLAVADI HOBLI, HAROHALLI TALUK, RAMANAGARA-562 112. …PETITIONER (BY SRI. SRIHARI A.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, BENGALURU-560 001, BY ITS SECRETARY. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, EAST WING, KHANIJA BHAVAN, BENGALURU-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, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30255 WP No. 22385 of 2025 1ST FLOOR, NRUPATHUNGA ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1; SRI. VASANTH, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD BEARING NO.KIADB.LAQ.2013- 14 DATED 30.12.2013 AND BEARING NO.KIADB.LAQ.722/2019-20 11.10.2019 VIDE ANNEXURES-A AND A1, PASSED BY THE THIRD RESPONDENT AND TO DIRECT THE RESPONDENTS TO CONSIDER THE CASE OF THE PETITIONER AS PER SECTION 29(2) OF THE KIAD ACT FOR PASSING THE CONSENT AWARD IN RESPECT OF PETITIONERS LANDS MEASURING 37 GUNTAS IN SY.NO.110/1 AND 30 GUNTAS IN SY.NO.110/12, CHEELURU VILLAGE, MARALAWADI HOBLI, HAROHALLI TALUK, RAMANAGARA DISTRICT. 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 learned counsel for the petitioner and the learned counsel for the respondents in unison would submit that the issue in the lis stand answered by the judgment rendered by this Court, which is in fact following the earlier order passed by the Co-ordinate Benches. 2. The petitioner is before this Court, seeking for the following prayers: - 3 - HC-KAR NC: 2025:KHC:30255 WP No. 22385 of 2025 “i) Issue a writ in the nature of certiorari quashing the General Award bearing No.KIADB:LAQ:: 2013-14 dated 30.12.2013 and bearing No.KIADB:LAQ: 722/2019-20 11.10.2019 vide Annexures-A and A1 passed by the Third Respondent. ii) Issue a writ in the nature of mandamus directing the Respondents to consider the case of the Petitioner as per Section 29(2) of the KIAD Act for passing the consent Award in respect of Petitioner's Lands measuring 37 guntas in Sy.No.110/1 and 30 guntas in Sy.No.110/12, 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.” 3. Heard Sri Srihari A.V., learned counsel appearing for the petitioner; Sri Spoorthy Hegde N., learned High Court Government Pleader appearing for respondent No.1 and Sri Vasanth, learned counsel appearing for respondent Nos.2 and 3. 4. The learned counsel appearing for the petitioner submits that in plethora of identical matters, co-ordinate - 4 - HC-KAR NC: 2025:KHC:30255 WP No. 22385 of 2025 benches of this Court has considered the issue and answered in favour of the petitioner. One such order passed by the co- ordinate bench of this Court in W.P.No.15026/2021 disposed on 18.08.2021, has allowed the petition and directed the respondents to consider the case of the petitioner therein and pass necessary orders in accordance with law. 5. The learned High Court Government Pleader would not dispute the position of law; the identical circumstance and afore-quoted judgment rendered by the co-ordinate bench of this Court. 6. The co-ordinate bench of this Court in W.P.No.15026/2021 disposed on 18.08.2021, has held as follows: "Learned Additional Government Advocate waives notice for respondent No.1. Learned counsel Smt. Gowharunnissa, who is present before this Court, accepts notice for respondents No.2 and 3. 2. The petitioners' property bearing Sy.No.5/4, measuring 27 guntas, situated at Mindahallil Village, Kasaba Hobli, Malur Taluk, Kolar District, was notified for acquisition by State Government for the benefit of respondent No.2-KIADB. The grievance of the petitioner is that, while the General Award passed by - 5 - HC-KAR NC: 2025:KHC:30255 WP No. 22385 of 2025 the respondent No.3-Special Land Acquisition Officer- NIMZ was questioned by some of the landlords, this Court in the Smt. Rathnamma Vs. The State of Karnataka in W.P.No.31702/2018, by order dated 29.11.2018 has set aside the General Award and directed the respondents to consider the claim of the petitioner under Section 29(2) of the KIAD Act, 1966, within a period of two months. Therefore, it is the prayer of the petitioner that similar orders may be passed in this writ petition to set aside the General Award and direct the respondent authorities to consider claim for compensation under Section 29(2) of the Act. 3. The submission of the learned counsel for petitioner is not controverted at the hands of the respondents. 4. Consequently, this Court proceeds to pass the following:- ORDER (i) Writ Petition is hereby allowed. (ii) The impugned General Awards at Annexures-A and A1, dated 30.12.2013 and 11.10.2019 are hereby quashed. (iii) Respondent No.3 (SLAO) is hereby directed to consider the claim of the petitioners under Section 29(2) of the KIAD Act, 1966 within a period of four months from the date of receipt of copy of this order. Page no.05 is retyped and replaced vide court order dated 28.08.2025 - 6 - HC-KAR NC: 2025:KHC:30255 WP No. 22385 of 2025 (iv) It is made clear that in the event, any dispute arises with regard to entitlement and apportionment of the award amount, the General Awards at Annexures-A and A1, which have been quashed by this Court would revive. (v) Liberty is reserved to Special Land Acquisition Officer, KIADB to withdraw the amount, if deposited before the Civil Court pursuant to General award." 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, the writ petition stands disposed on the very same findings and the directions. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE MD List No.: 2 Sl No.: 32 Page no.06 is retyped and replaced vide court order dated 28.08.2025