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2025 DAILYLAW 6295 (KAR)

PALLEDA RAJESHWARI W/O v. THE KARNATAKA INDUSTRIAL

WP/104265/2024 · 2025-01-16

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:704 WP No. 104265 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.104265 OF 2024 (GM-KIADB) BETWEEN: PALLEDA RAJESHWARI W/O. BASAVARAJ, AGE: 62 YEARS, OCC; AGRICULTURIST, R/O: KUDUTHINI VILLAGE, TALUK DIST: BALLARI. …PETITIONER (BY SRI SANTOSH B. MALLIGAWAD, ADVOCATE) AND: 1. THE KARNATAKA INDUSTRIAL DEVELOPMENT BOARD, BY ITS SECRETARY TO COMMERCE AND INDUSTRIES DEPARTMENT, 2ND FLOOR, RASHTRATHONA PARISHATH, NO. 14/3A, NRUPATHUNGA ROAD, BANGALORE – 560 001. 2. THE CHIEF EXECUTIVE OFFICE AND EXECUTIVE MEMBER, KIAD, RACE COURSE ROAD, KHANIJAJABHAVAN 5TH WING, BANGLORE. VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.01.21 11:34:02 +0530 - 2 - NC: 2025:KHC-D:704 WP No. 104265 of 2024 3. THE SPECIAL DEPUTY COMMISSIONER, RACE COURSE ROAD KHANIJAJA BHAVAN, 5TH WING, BANGLORE – 01. 4. THE LAND ACQUISITION OFFICER KIADB, LOKIKERE ROAD, (P.B. ) TQ: DIST: DAVANGERE. …RESPONDENTS (BY SRI P.N.HATTI, ADVOCATE FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.4 TO CONSIDER THE REPRESENTATION DATED 01/02/2021 VIDE ANNEXURE-D FOR PASSING OF GENERAL AWARD IN THE INTERESTS OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDRE WAS MADE THEREIN AS UDNER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is calling in question the following prayer: “It is most humble prayed to this Hon’ble court may be pleased to issue a writ in the nature of mandamus directing the respondent no.4 to consider the representation dated 01/02/2021 vide Annexure-D for passing of - 3 - NC: 2025:KHC-D:704 WP No. 104265 of 2024 general award in the interests of justice and equity.” 2. Heard Sri Santosh B. Malligawad, learned counsel for petitioner and Sri P.N. Hatti, learned counsel for respondents No.2 to 4. 3. The land of the petitioner becomes subject matter of acquisition at the hands of the Karnataka Industrial Areas Development Board. Pursuant to the acquisition for the purpose of the compensation or to pass a general award, the petitioner has submitted a representation to the respondent-Board which has not yet met its consideration. Therefore, the Board is before this Court. 4. Learned counsel appearing for the respondents No.2 to 4 would submit that the representation would be considered and appropriate orders/award, as sought for, will be considered, if reasonable time is granted. 5. In that light, I deem it appropriate to dispose the petition directing the respondents No.2 to 4 to - 4 - NC: 2025:KHC-D:704 WP No. 104265 of 2024 consider the representation of the petitioner dated 01.02.2021 and pass appropriate orders in accordance with law within an outer limit of eight weeks from the date of receipt of copy of this order. It is made clear this Court has not considered the merit of claim of the petitioner. 6. The decision taken on representation shall be communicated to the petitioner. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NAA/CT-ASC List No.: 1 Sl No.: 47