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2025 DAILYLAW 67863 (KAR)

SRI RAGHU C v. THE STATE OF KARNATAKA

WP/15069/2024 · 2025-11-28

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49715 WP No. 15069 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.15069 OF 2024 (LA-KIADB) BETWEEN: SRI RAGHU .C S/O SRI CHANDRASHEKHAR, AGED ABOUT 35 YEARS, R/O NO.537, OLD M.C. ROAD, BEHIND KASABA SOCIETY, SANTHEMALA,MANDYA-571401. …PETITIONER (BY SRI HARISCHANDRA M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, AMBEDKAR VEEDHI, BANGALORE-560001. 2. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (B.M.I.C.P) AND BENGALURU RURAL DISTRICT, 1ST FLOOR, MAHARSHI ARAVINDA BHAVANA, NRUPATHUNGA ROAD, BANGALORE-560001. 3. THE TAHASILDAR, TALUK OFFICE, NEAR BUS STAND, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562123. …RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1 & R-3; SRI VASANTHA, ADVOCATE FOR R-2) Digitally signed by C K LATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49715 WP No. 15069 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, DIRECTING THE 2ND AND 3RD RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 27/04/2023 AND 07/06/2023 VIDE ANNEXURE-G AND G1 FOR TRANSFER OF KHATHA IN HIS NAME AND REPRESENTATIONS DATED 06/09/2023 AND 06/12/2023 VIDE ANNEXURE-H AND H1 FOR GRANT OF COMPENSATION UNDER SECTION 29 OF THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT ACT, 1966 FOR ACQUIRING THE LAND IN SY.NO.187, 3RD BLOCK OF NIDUVANDA VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALORE RURAL DISTRICT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has approached this Court seeking the following reliefs: “(i) Issue a Writ of Mandamus or any other appropriate Writ or Order or Direction, directing the 2nd and 3rd Respondents to consider the Representations dated 27/04/2023 and 07/06/2023 vide ANNEXURE 'G' & 'G1' for transfer of Khatha in his name and Representations dated 06/09/2023 and 06/12/2023 vide ANNEXURE 'H' & 'H1' for grant of Compensation under Sec.29 of the Karnataka Industrial Areas Development Act, 1966 for acquiring the land in Sy.No.187, 3rd Block of Niduvanda Village, Sompura Hobli, Nelamangala - 3 - HC-KAR NC: 2025:KHC:49715 WP No. 15069 of 2024 Taluk, Bengalore Rural District, in the interest of justice and equity. (ii) Issue appropriate Writ or Order or Direction, directing the 2nd respondent to hand over the possession of the property in Sy.No.187 of Niduvanda Village, Sompura Hobli, Nelamangala Taluk, Bengalore Rural District to the petitioner as it is not acquired by KIADB as per the Endorsement dated 22/08/2022 vide ANNEXURE-E issued by the 2nd respondent, in the interest of justice and equity. (iii) Issue appropriate Writ or Order or Direction, directing the 2nd and 3rd Respondents to pay the compensation for delay and latches on their part for non-consideration of representations, in the interest of justice. (iv) Issue such other appropriate Writ or Order or Direction as deemed fit under the circumstances of the case, in the interest of justice.” 2. Heard the learned counsel for the petitioner and learned counsel for the respondents. 3. Learned counsel for the petitioner submits that the grievance insofar as it pertains to transfer of katha and - 4 - HC-KAR NC: 2025:KHC:49715 WP No. 15069 of 2024 the representations in that regard, at Annexrues-G and G1 is not pressed. 4. The submission is recorded. Accordingly, the only surviving prayer in the writ petition is confined to the request for grant of compensation under Section 29 of the Karnataka Industrial Areas Development Act, 1966 (‘the KIAD Act’ for short), in respect of acquisition of land in Sy. No.187, situated at 3rd Block of Niduvanda Village, Sompura Hobli, Nelamangala Taluk, Bengaluru Rural District, as urged in the representations dated 06.09.2023 and 06.12.2023 at Annexures-H and H1 respectively. 5. The undisputed facts reveal that aforesaid land was granted land by the Government in favour of the petitioner’s grand-father under the grant order dated 10.10.1994. Since the respondent-authorities had not issued the saguvali chit, the petitioner approached this Court in W.P. No.23396/2017, which came to be disposed of with a direction to the respondent-Tahsildar to issue - 5 - HC-KAR NC: 2025:KHC:49715 WP No. 15069 of 2024 saguvali chit upon the petitioner deposing the premium as required under the grant order dated 10.10.1994, and thereafter to take necessary steps in accordance with law. 6. Pursuant to the said order, the Tahsildar has issued the saguvali chit and that saguvali was issued only for the limited purpose of enabling the petitioner to receive compensation. The said fact is not disputed by the respondents. 7. The petitioner, thereafter submitted representations at Annexures-H and H1 seeking to payment of compensation, and the same not having been considered, has approached this Court. 8. Having regard to the fact that the saguvali chit has been issued by the Tahsildar on 15.10.2022, acknowledging the acquisition and the petitioner’s entitlement to compensation, this Court is of the view that a positive direction is requires to be issued. - 6 - HC-KAR NC: 2025:KHC:49715 WP No. 15069 of 2024 ORDER i. The writ petition is disposed of. ii. Respondent No.2 herein is directed to consider the petitioner’s representations at Annexures-H and H1 and to grant compensation for the acquisition of the land in Sy. No.187 situated at 3rd Block of Niduvanda Village, Sompura Hobli, Nelamangala Taluk, Bengaluru Rural District, strictly in accordance with law, within a period of eight weeks from the date of receipt of a certified copy of this order. Sd/- _____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 35