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2025 DAILYLAW 69939 (KAR)

SRI P LAKSHMINARAYANA REDDY v. STATE OF KARNATAKA

WP/25622/2025 · 2025-10-27

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42708 WP No. 25622 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 25622 OF 2025 (LA-KIADB) BETWEEN: 1. SRI P LAKSHMINARAYANA REDDY S/O LATE G.PAPAREDDY, AGED ABOUT 55 YEARS, R/AT DOOR NO.3, 5TH A CROSS, CHIKKABANASAWADI VILLAGE, DODDABANASAWADI POST, BENGGALURU- 560 043, 2. SRI.PRABHAKAR REDDY S/O LATE G. PAPAREDDY, AGED ABOUT 67 YEARS. 3. SMT.B.N.GEETHA W/O PRABHAKAR REDDY, AGED ABOUT 52 YEARS, SL.NO.2 AND 3 ARE R/AT R/AT. NO.16, 1ST MAIN ROAD, KASTURI NAGAR MAIN ROAD, BENGALURU- 560 043. …PETITIONERS (BY SRI. LEELADHAR H P., ADVOCATE) AND: 1. STATE OF KARNATAKA REPT BY PRINCIPAL SECRETARY TO THE GOVERNMENT OF KARNATAKA, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42708 WP No. 25622 of 2025 COMMERCE AND INDUSTRIES DEPARTMENT. MULTY STOREY BUILDING, DR.AMBEDKAR ROAD, BENGALURU- 560 001. 2. THE CHAIRMAN KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.49, RACE COURSE RD, HIGH GROUNDS, SAMPANGI RAMA NAGAR, BENGALURU- 560 001. 3. SPECIAL LAND ACQUISITION OFFICER-2 KARNATAKA INDUSTRIAL DEVELOPMENT BOARD, KRIDE, 1ST FLOOR, ARAVIND BHAVAN, NRUPATHUNGA ROAD, BENGALURU- 560 001. …RESPONDENTS (BY SRI. HARISHA A.S, AGA FOR R1; SRI. GOPAL.V.BILALMANE., ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS IN RESPECT OF PROPOSED VALUATION ISSUED BY THE 3RD RESPONDENT UNDER ANNEXURE-A, NO.KIADB/K-RIDE/LA/13/2025-26 DATED 17.06.2025 AND ANNEXURE-B NO.KIADB/K-RIDE/LA/12/2025-26 DATED 17.06.2025 AND ISSUE WRIT OF CERTIORARI ORDER OR DIRECTION IN THE FORM OF WRIT TO QUASH THE PROPOSED VALUATION ISSUED BY THE 3RD - 3 - HC-KAR NC: 2025:KHC:42708 WP No. 25622 of 2025 RESPONDENT IN NO. KIADB/K-RIDE/LA/13/2025-26 DATED 17.06.2025 UNDER ANNEXURE-A., AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Learned Addl. Government Advocate accepts notice for respondent No.1. 2. Sri. Gopal V Bilalmane, learned counsel present before the Court accepts notice for respondent Nos.2 and 3. 3. The petitioners have approached this Court seeking for the following reliefs : "WHEREFORE the petitioners above named humbly prays that this Hon'ble Court be please to call for entire records in respect of proposed valuation issued by the 3rd respondent under Annexure-A, No.KIADB/K-RIDE/LA/13/2025-26 dated 17.06.2025 and Annexure-B No.KIADB/K-RIDE/LA/12/2025-26 dated 17.06.2025 and :- - 4 - HC-KAR NC: 2025:KHC:42708 WP No. 25622 of 2025 a) issue writ of certiorari order or direction in the form of writ to quash the proposed valuation issued by the 3rd respondent in No. KIADB/K- RIDE/LA/13/2025-26 dated 17.06.2025 under Annexure-A. b) Issue writ of certiorari order or direction in the form of writ to quash the proposed valuation issued by the 3rd respondent in No. KIADB/K- RIDE/LA/12/2025-26 dated 17.06.2025 under Annexure-B. c) Issue writ of mandamus or order or direction in the form of writ to direct the respondent No.2 and 3 to calculate the award amount to the property of the petitioners is concerned acquired by the respondent No.1 and 2 as per the Notification in No.Noo.Mu.CVC/99/2023-24 Bengaluru dated 27/09.2023 Sub-Registration Value of the Kasturinagara under Annexure-Z5. d) Issue any order or direction in the form of writ as the Hon'ble Court deems fit under the circumstances of the case Including the cost of the writ petition." 4. The petitioners claim to be the absolute owners of the land bearing Survey No.128 of erstwhile Banasawadi - 5 - HC-KAR NC: 2025:KHC:42708 WP No. 25622 of 2025 Village, now Kasturinagar. The said land was acquired for the purpose of road formation under the Preliminary notification, followed by the Final Notification. 5. The grievance of the petitioners is that, respondent No.3 has issued proposed valuation of their property, while their seeking recalculation of compensation has not been considered. The petitioners apprehend that proposed valuation will be finalized without considering their representation and if done so, the petitioners would suffer loss of hardship. 6. Learned counsel for respondent Nos.2 and 3 submits that the proposed valuation was issued by respondent No.3 on 17.06.2025. It is submitted that if proposed valuation has not yet culminated into a final valuation, the representation submitted by the petitioners will be duly considered in accordance with law, and a final valuation/award will be passed by respondent No.3 in accordance with law, within a reasonable time. - 6 - HC-KAR NC: 2025:KHC:42708 WP No. 25622 of 2025 7. Considering the submission of the counsel appearing for respondent Nos.2 and 3, the grievance of the petitioners would be sufficiently redressed if a necessary direction is issued to respondent No.3 to consider the representation submitted by the petitioners at Annexures-Y and Y1, before finalizing the final valuation/award in accordance with law, and accordingly, this Court pass the following; ORDER i) The writ petition is disposed of. ii) Respondent Nos.2 and 3 are directed to consider the representations submitted by the petitioners at Annexures-Y and Y1 before finalizing the valuation/award, if not already done, and to pass appropriate orders within an outer limit of four(4) weeks from the date of receipt of the certified copy of this order. - 7 - HC-KAR NC: 2025:KHC:42708 WP No. 25622 of 2025 iii) Petitioners are at liberty to submit any further representation, if necessary, before the final award is passed. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 4