- 1 - HC-KAR NC: 2025:KHC:25666 WP No. 12735 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.12735 OF 2025 (LA-KIADB) BETWEEN: SRI. RAMAKRISHNA S/O. DASEGOWDA AGED ABOUT 67 YEARS, KALEGOWDANADODDI, CHEELURU, HAROHALLI TALUK, RAMANAGARA DISTRICT-562112. …PETITIONER (BY SMT. LATHA.S.S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA BANGALORE-560 001. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, BY ITS CHIEF EXECUTIVE OFFICER & Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25666 WP No. 12735 of 2025 EXECUTIVE MEMBER, NO.14/3. II FLOOR, R.P.BUILDING, NRUPATHUNGA ROAD, BANGALORE-560 001. 3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, I FLOOR, R.P.BUILDING, NRUPATHUNGA ROAD, BANGALORE-560 001. …RESPONDENTS (BY SRI. SESHU.V., HCGP FOR R1; SRI. C. CHANNEGOWDA, ADV. FOR R2 & R3) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS, DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 17.12.2024 PRODUCED AT ANNEXURE-R TO THE WRIT PETITION AS EXPEDITIOUSLY AS POSSIBLE AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA - 3 - HC-KAR NC: 2025:KHC:25666 WP No. 12735 of 2025 ORAL ORDER Heard the learned counsel, Smt. Latha.S.S., appearing for the petitioner, Sri. Seshu.V., learned HCGP appearing for respondent No.1, Sri. C.Channegowda, learned counsel appearing for respondent Nos.2 and 3. 2. The petitioner is before this Court, seeking for the following prayer: (i) Issue a writ of mandamus, directing the Respondents to consider the representation dated: 17.12.2024 produced at ANNEXURE-R to the Writ Petition as expeditiously as possible. (ii) Issue a writ of certiorari quashing the general award dated 09.03.2021 passed by the respondent no.3 in No KIADB: LAQ: 1882 2020-21 which is produced at Annexure-S to the writ petition in so far petitioner land bearing Sy.No.127, measuring 10 guntas of land situated at Cheeluru Village, Maralawadi Hobli, Kanakpura Taluk, Ramanagara District is concerned. (iii) Issue any suitable order, direction or writ in the nature of Mandamus directing the Respondents herein to consider the case of the petitioners as per section 29(2) of the KIAD Act. - 4 - HC-KAR NC: 2025:KHC:25666 WP No. 12735 of 2025 (iv) Issue any other orders or directions as deemed fit in the circumstances of the case, in the interest of Justice and equity. 3. Learned counsel appearing for the petitioner would submit that the issue in the lis stands covered by the judgment rendered by a Co-ordinate Bench of this Court in W.P.No.16220/2023 disposed on 31.07.2023, wherein it has held as follows: "Learned counsel for the petitioner submits that a general award has been passed only on the ground that the petitioner was absent when the matter was heard by the Special Land Acquisition Officer for award of compensation, as could be seen in the discussions made in the general award dated 06.06.2023 at Annexure-A. Learned counsel submits that this Court has held in several matters including the recent decision in the case of Harisha.R /vs./ State of Karnataka and others in W.P.No.12703/2023 dated 27.06.2023 following an earlier decision in W.P.No.6198/2015, that the land loser would be entitled for a better price as compensation instead determination under a general award. As a consequence all such matters where it was found that a general award was passed only on some technical ground that the land loser was not present at the time of hearing or such other technical reasons, this Court was of the considered opinion that since the land loser would get a - 5 - HC-KAR NC: 2025:KHC:25666 WP No. 12735 of 2025 better price if the compensation is awarded in terms of the agreement and not under a general award, the award may be passed in terms of an agreement. Therefore, the learned counsel submits that similar benefit should be given to the petitioner. 2. On going through several of the following judgments which were rendered by this Court: i) Smt. Rukmani v/s State of Karnataka - W.P No.39611-39612/2016 dated 16.09.2016; ii) Sri.Basavaraju vs. State of Karnataka - W.P.No.34071/2017 dated 28.08.2017; iii) Sri.Rajanna vs. State of Karnataka - W.P.No.51362/2016 dated 21.03.2018; iv) Smt.Ningamma vs. state of Karnataka - W.P.No.6198/2015 dated 25.08.2015; v) Sri.Bhyraiah vs. State of Karnataka - W.P.No.40896/2017 dated 24.01.2019; this Court is of the considered opinion that the petitioner is entitled for similar relief as was given in the cases mentioned above. 3. Consequently, the following: ORDER (i) The writ petition is allowed. (ii) The impugned general award dated 06.06.2023 at Annexure-A insofar as the petitioner’s land is concerned is set aside. - 6 - HC-KAR NC: 2025:KHC:25666 WP No. 12735 of 2025 (iii) The respondent Special Land Acquisition Officer of the KIADB is directed to reconsider the request of the petitioner for award of compensation by way of an agreement under Section 29(2) of the KIADB Act and pass necessary orders within a period of three months from the date of receipt of copy of this order. (iv) The respondent – Special Land Acquisition Officer, KIADB, is at liberty to withdraw the amount that has been deposited by it pursuant to the general award before the jurisdictional court. (v) Needless to state that in the event of any dispute, the general award would stand restored. Ordered accordingly." 4. In the light of the issue standing covered by judgment rendered by a Co-ordinate Bench of this Court supra, the petition be disposed on the same terms. Accordingly, the following: ORDER (i) The impugned general award dated 09.03.2021 at Annexure-S insofar as the petitioner’s land is concerned is set aside. - 7 - HC-KAR NC: 2025:KHC:25666 WP No. 12735 of 2025 (ii) The respondent-Special Land Acquisition Officer of the KIADB is directed to reconsider the request of the petitioner for award of compensation by way of an agreement under Section 29(2) of the KIAD Act and pass necessary orders within a period of three months from the date of receipt of copy of this order. (iii) The respondent–Special Land Acquisition Officer, KIADB, is at liberty to withdraw the amount that has been deposited by it pursuant to the general award before the jurisdictional court. (iv) Needless to state that in the event of any dispute, the general award would stand restored. (v) The writ petition stands disposed off. Sd/- (M.NAGAPRASANNA) JUDGE SMJ List No.: 3 Sl No.: 1