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2025 DAILYLAW 75107 (KAR)

SRI NAGARAJA. M v. THE STATE OF KARNATAKA

WP/36413/2025 · 2025-12-04

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:51088 WP No. 36413 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 36413 OF 2025 (LA-KIADB) BETWEEN: SRI NAGARAJA. M S/O. MUNISHAMAPPA AGED ABOUT 50 YEARS R/AT. NO.88/1 SADAPPANAHALLI VILLAGE HOSKOTE TALUK BANGALORE RURAL DIST-562 129 …PETITIONER (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 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REP. BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51088 WP No. 36413 of 2025 KHANIJA BHAVANA RACE COURSE ROAD BENGALURU-560 001 3. THE SPECIAL LAND ACQUISITION OFFICER-2 KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOAR NO.14/3, 1ST FLOOR, CFC BUILDING MAHARSHI ARAVINDA BHAVAN NRUPATUNGA ROAD, BANGALORE-560 013 …RESPONDENTS (BY SRI.HARISHA A.S., AGA FOR R1; SRI.H.L.PRADEEP KUMAR, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECT THE R3 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 11.08.2022 AS PER ANNEXURE- K. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 3 - HC-KAR NC: 2025:KHC:51088 WP No. 36413 of 2025 ORAL ORDER Learned Additional Government Advocate accepts notice for respondent No.1. 2. Sri H.L. Pradeep Kumar, learned counsel is directed to accept notice for respondent Nos.2 and 3. 3. The petitioner has approached this Court seeking for the following prayers: “a. Issue a Writ of Mandamus directing the respondent No.3 to consider the representation of the petitioner dated 11.08.2022 as per Annexure-K; and b. Issue such other order or direction, this Hon’ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice and equity.” 4. The petitioner claims ownership over land bearing Sy.No.5, measuring 21 guntas situated at Palya Village, Chanarayapatana Hobli, Devanahalli Taluk, Bengaluru Rural District (‘subject land’ for short). It is submitted that one Sri Sampangiramaiah @ Gopalapaa, - 4 - HC-KAR NC: 2025:KHC:51088 WP No. 36413 of 2025 and others were cultivating the subject land, that the petitioner was cultivating 21 guntas as an unauthorized occupant. The petitioner made an application seeking regularization of his unauthorized occupation. The Tahasildar by office memorandum dated 10.08.2001 exempted the petitioner under Rule 12(4) of the Karnataka Land Revenue Rules. 5. Respondent Nos.2 and 3, issued final notification dated 15.11.2018 for establishment of an industrial area. However, the petitioner’s name did not appear in final notification as the RTC had not been updated to reflect his name. 6. The petitioner thereafter submitted a representation to respondent No.2-Karnatka Industrial Areas Development Board (KIADB) requesting disbursal of the compensation for the acquired land. On receipt of the representation, the Special Land Acquisition Officer (SLAO) addressed a letter to the Deputy Commissioner dated 26.08.2022, regarding the genuineness of the grant made - 5 - HC-KAR NC: 2025:KHC:51088 WP No. 36413 of 2025 in favour of the petitioner. The Additional Deputy Commissioner on 08.02.2022 directed the Tahasildar to submit a report regarding the said grant made in favour of Sri Nagaraju @ Munishamappa, the petitioner herein. 7. The Tahasildar in his report dated 23.07.2024 confirmed that a grant had indeed been made in favour of the petitioner. 8. However, it was also stated that the records though did not indicate the cultivation certificate. After inspection of the land and verification of grant records, the Tahasildar appears to have concluded that the petitioner is entitled to compensation. The Tahasildar has forwarded the saguvali chit, land grant sketch, regularization Committee proceedings, and other relevant records pertaining to the grant order under a covering letter dated 30.08.2024, all which is produced along with the writ petition. - 6 - HC-KAR NC: 2025:KHC:51088 WP No. 36413 of 2025 9. The grievance of the petitioner is that despite submission of the representation and despite the Tahasildar confirming the existence of a valid grant, the inaction on part of the respondent No.2-KIADB has compelled the petitioner to approach this Court in this writ petition. 10. Upon perusal of the material on record, it is evident that the petitioner’s unauthorized occupancy was regularized and the Tahasildar indicated that there is a land granted in favour of the petitioner, and compensation to be paid. In view of this, the representation so submitted seeks disbursement of compensation requires due consideration by respondent No.3 in accordance with law. Accordingly, this Court pass the following: ORDER i. The writ petition is disposed of. ii. Respondent No.3 is directed to consider the petitioner's representation dated 11.08.2022 seeking compensation, after the petitioner - 7 - HC-KAR NC: 2025:KHC:51088 WP No. 36413 of 2025 furnishing all relevant documents demonstrating his entitlement to compensation in addition to the Tahasildar’s report already on record. iii. Upon such production, respondent No.3-SLAO shall consider the claim and pass appropriate orders in accordance with law as expeditiously as possible, in any event not later than eight weeks from the date on which the documents are furnished. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 25