- 1 - HC-KAR NC: 2025:KHC:34837 WP No. 26758 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 26758 OF 2025 (LA-KIADB) BETWEEN: 1. SRI MUNIRAJU S/O CHINNAYYAPPA AGED ABOUT 43 YEARS R/AT MALLIYAPPANAHALLI KURGAL BANGARPET KOLAR DISTRICT - 563103 2. PUSHPA W/O. KRISHNAPPA AGED ABOUT 40 YEARS RA/T MADERAHALLI POST AMMERAHALLI, MADERAHALLI KOLAR DISTRICT - 563101 …PETITIONERS (BY SRI. SHARAN N. MAJAGE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES VIDHANA SOUDHA BANGALORE - 560 001 Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34837 WP No. 26758 of 2025 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REP. BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER KHANIJA BHAVANA RACE COURSE ROAD BENGALURU - 560 001 3. THE SPECIAL LAND ACQUISTIION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO.39, BHARATH SCOUTS AND GUIDES BUILDING 4TH FLOOR, PALACE ROAD BANGALORE - 560 001 …RESPONDENTS (BY SRI. M. RAJAKUMAR, AGA 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 I) QUASH THE GENERAL AWARD BEARING NO. KIADB/LAQ/1928/2024-25 DATED 29.03.2025 PASSED BY THE RESPONDENT NO. 3 IN RESPECT OF LAND IN SY. NO.47/4 MEASURING 16 PERCENT GUNTAS, SITUATED AT MALLYAPPANAHALLI VILLAGE, VEMAGAL HOBLI, KOLAR TALUK, KOLAR DISTRICT, IN SO FAR AS THE PETITIONERS ARE CONCERNED, WHICH IS PRODUCED AS ANNEXURE-D AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:34837 WP No. 26758 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard the learned counsel Sri. Sharan N. Majage, appearing for the petitioners, Sri. M. Rajakumar, the learned AGA appearing for respondent No.1, Sri. H.L. Pradeep Kumar, learned counsel appearing for respondent Nos.2 and 3 and have perused the material on record. 2. The petitioners are before this Court, seeking the following prayer: "i) Issue writ of certiorari quashing the General Award bearing No. KIADB:LAQ:1928:2024-25 dated: 29.03.2025 passed by the Respondent No. 3 in respect of land in Sy. No.47/4 measuring 16 1/2 Guntas, situated at Mallyappanahalli Village, Vemagal Hobli, Kolar Taluk, Kolar District, in so far as the Petitioners are 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 GO dated 23.02.2021 bearing No. 103 SPQ (E) 2019 marked as ANNEXURE-E. iii) Issue any suitable order, direction or writ in the nature of mandamus directing the respondent - 4 - HC-KAR NC: 2025:KHC:34837 WP No. 26758 of 2025 herein to consider the case of the petitioners as per section 29(2) of the KIADB Act. iv) Pass such other order, writ or direction as the Hon'ble Court deems fit in the facts and circumstances of the case including costs." 3. Learned counsel appearing for the petitioners would submit that the issue in the lis stands covered by the judgment rendered by this Court in W.P.No.19371/2025 disposed on 10.07.2025, wherein it has held as follows: "The petitioner is at the doors of this Court calling in question seeking quashment of the General Award dated 11.07.2024, passed by the respondent No.3 in respect of land in Sy.No.13/2 measuring 1 acre 02 guntas, situated at Byradenahalli Village, Kundana Hobli, Devanahalli Taluk, Bangalore Rural District qua the petitioner. 2. Heard Sri. Sharan N Majage, learned counsel appearing for the petitioner and Sri. Seshu V., HCGP appearing for respondent No.1, Sri.H.L.Pradeep Kumar, learned counsel appearing for respondent Nos.2 and 3, and have perused the material on record. 3. Learned counsel appearing to the petitioner submits that the issue in the lis at hand is identical to the issue that is considered by a Coordinate Bench in W.P.No.36514/2024 (LA-KIADB), disposed on 05.02.2025. Therefore, he seeks the same relief as is granted in the aforesaid writ petition. 4. Learned counsel for the respondents also admits that the issue in the lis is identical to the issue considered in W.P.No.36514/2024. - 5 - HC-KAR NC: 2025:KHC:34837 WP No. 26758 of 2025 5. The Coordinate Bench of this Court in W.P.No.36514/2024 (LA-KIADB), disposed on 05.02.2025, has held as follows: "The petitioner claiming to be the absolute owner of land bearing Sy.No.60 (JMC Block No.22) measuring 1 acre situated at Bairadenahalli village, Kundanan Hobli, Devanahalli Taluka, Bengaluru District, which has been acquired by the respondent-KIADB in terms of the provisions of Section 28 of KIADB act is before this Court seeking following relief: "1) Issue writ of certiorari quashing the General Award bearing No. KIADB/LAQ/626/2023-24 dated: 24.05.2023 passed by the Respondent No. 3 in respect of land in Sy.No. 60 (JMC Block No.22) measuring 1 Acre of land situated at Bairadenahalli Village, Kundana Hobli, Devanahalli Taluk, Bangalore Rural District, in so far as the Petitioner is concerned, which is produced as ANNEXURE-E. 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 G.O dated 13.05 2008 bearing No. CI 495 SPQ 2008 marked, as ANNEXURE-F, the G.O dated 13.08.2007 bearing No. CI 417 SPQ 2007 marked as ANNEXURE-G and the latest GO dated 23.02.2021 bearing No. 103 SPQ (E) 2019 marked as ANNEXURE- H. 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. Learned counsel for the petitioner submits that the general award has been passed. However, in view of the government order dated 13.05.2008 produced at Annexures-F, G & H, the petitioner is also entitled for developed land in the industrial layout formed by the respondent-KIADB. Hence, seeks for quashing of the general award and for a direction to respondent-KIADB to consider his requisition/representation for allotment of developed land in lieu of the monetary compensation as per the government order dated 13.05.2008. 3. Learned counsel for the respondent-KIADB on the other hand does not dispute that in terms of the government order dated 23.02.2021, which is the current government order, governing the field, petitioner - 6 - HC-KAR NC: 2025:KHC:34837 WP No. 26758 of 2025 would be entitled for developed land in the industrial layout formed by the KIADB in view of monetary compensation. He submits if a representation in this regard is made by the petitioner, the same will be considered in accordance with law. 4. Submission is taken on record. Accordingly, the following: ORDER i) The writ petition is allowed. ii) The general award bearing No.KIADB/LAQ/626/2023-24 dated 24.05.2023 passed respondent No.3 in respect of land bearing Sy.No.60 (JMC Block No.22) measuring 1 acre situated at Bairadenahalli village, Kundana Hobli, Devanahalli Taluka, Bengaluru District, is hereby quashed. iii) The petition shall make a fresh representation within 30 days from the date of receipt of certified copy this order, thereupon the respondent-KIADB to consider the same in terms of the government order referred to in the writ petition at annexure- H. iv) Such exercise shall be done with an outer limit of eight weeks from the date of submission of representation by the petitioner. v) The respondent-KIADB is at liberty to withdraw the amount in deposit, if any." In the light of the afore-quoted judgment and the identical facts, the petitioner is also entitled for the similar relief. 6. For the aforesaid reasons, the following: ORDER i) The Writ Petition is allowed. ii) Impugned General Award dated 11.07.2024, passed by the respondent No.3, stands quashed qua the petitioner. - 7 - HC-KAR NC: 2025:KHC:34837 WP No. 26758 of 2025 iii) The petitioner shall make a fresh representation within 30 days from the date of receipt of certified copy of this order, thereupon the respondent-KIADB to consider the same in terms of the Government Orders dated 13.08.2007, 13.05.2008 and 23.02.2021 referred to in the writ petition respectively at Annexures-E, F and G. iv) Such exercise shall be done with an outer limit of eight weeks from the date of submission of representation by the petitioner. v) The respondent-KIADB is at liberty to withdraw the amount in deposit, if any." 4. In the light of the order passed by this Court (supra) and for the reasons aforementioned, the following: ORDER (i) The Writ Petition is allowed. (ii) Impugned General Award dated 29.03.2025, passed by respondent No.3, stands quashed qua the petitioners. (iii) The petitioners shall make a fresh representation within 30 days from the date of receipt of certified copy of this order, thereupon the respondent-KIADB to consider the same in terms of the Government - 8 - HC-KAR NC: 2025:KHC:34837 WP No. 26758 of 2025 Order dated 23.02.2021 referred to in the writ petition respectively at Annexure-E. (iv) Such exercise shall be done with an outer limit of eight (8) weeks from the date of submission of representation by the petitioners. (v) The respondent-KIADB is at liberty to withdraw the amount in deposit, if any. Sd/- (M.NAGAPRASANNA) JUDGE YKL List No.: 1 Sl No.: 114