Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 76971 (KAR)

SRI SHIVARUDRACHARI v. THE STATE OF KARNATAKA

WP/19835/2025 · 2025-08-29

R Devdas

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:33542 WP No. 19835 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 19835 OF 2025 (KLR-RES) BETWEEN: 1. SRI SHIVARUDRACHARI S/O LATE KASHACHARI AGED ABOUT 62 YEARS, R/AT SARATHI VILLAGE, HARIHAR TALUK, DAVANAGERE DISTRICT - 577601 (NOT CLAIMING BENEFIT OF SENIOR CITIZEN) …PETITIONER (BY SRI. G.J.SUNKAPUR.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY REVENUE DEPARTMENT M.S.BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE - 560001. 2. THE DEPUTY COMMISSIONER DAVANAGERE OFFICE OF THE DEPUTY COMMISSIONER, P B ROAD DAVANAGERE - 577001. 3. THE SPECIAL LAND ACQUISITION OFFICER KIADB, REGIONAL OFFICE, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33542 WP No. 19835 of 2025 SITE NO. CA(1B), KARUR INDUSTRIAL AREA P.B.ROAD, DAVANAGERE - 577006 4. THE TAHSILDAR, DAVANAGERE TAHSILDAR OFFICE, DAVANAGERE - 577001 …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DTD. 29.05.2025 AT ANNX-D, E AND F BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The learned Additional Government Advocate takes notice for the respondents No.1, 2 and 4. 2. Sri Vasanth, learned counsel, who is present before Court, submits that he has already filed vakalath and statement of objection on behalf of respondent No.3. 3. The prayer in this writ petition is to direct the 2nd respondent - Deputy Commissioner, Davanagere District to consider the representation at Annexure-D dated 30th May, 2025 given by the petitioner. It is stated in the representation - 3 - HC-KAR NC: 2025:KHC:33542 WP No. 19835 of 2025 that one acre of land in Sy.No.31/2, Re-Sy.No.31/4 of Karalahalli village, Harihar Taluk, Kasaba Hobli, Chitradurga District was gifted by the petitioner's grandfather, Sri Shivarudrappa to the then Government of Mysuru under Bhudana scheme for establishment of a school and to use the land for the purpose of education. However, now an industry has been setup on the land in question, and therefore, a direction is sought to the Deputy Commissioner to ensure that the lands are used only for the purpose of education not an industry. 4. However, the learned counsel for the 3rd respondent submits that the land in question was notified and acquired under the provisions of the Karnataka Industrial Areas Development Act, 1966 on 18.2.2024 and 18.9.2024. 5. The land in question is now the part of industrial area in terms of the acquisition made for the benefit of the Karnataka Industrial Areas Board and therefore, the industries have been set up in the land question including the neighboring lands, which were acquired. - 4 - HC-KAR NC: 2025:KHC:33542 WP No. 19835 of 2025 6. Having regard to the fact narrated herein above, this Court is of the considered opinion that the grievance of the petitioner cannot be remedied at this point of time when the lands in question have been acquired for the benefit of the KIADB. The writ petition is accordingly dismissed. Sd/- (R DEVDAS) JUDGE Bkm List No.: 1 Sl No.: 40