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2025 DAILYLAW 80014 (KAR)

SRI KRISHNAMURTHY v. THE STATE OF KARNATAKA

WP/60479/2016 · 2025-12-04

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52275 WP No. 60479 of 2016 C/W WP No. 60474 of 2016 WP No. 204 of 2017 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.60479 OF 2016 (LA-KIADB) C/W WRIT PETITION NO.60474 OF 2016 (LA-KIADB) WRIT PETITION NO.204 OF 2017 (LA-KIADB) IN W.P. No.60479/2016 BETWEEN: SRI KRISHNAMURTHY S/O LATE KADAIAH, AGED ABOUT 64 YEARS, R/A DODDAKALLASANDRA VILLAGE, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, KANAKAPURA ROAD, BENGALURU-560 062. …PETITIONER (BY SRI L. VENKATARAMA REDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF COMMERCE & INDUSTRIES VIDHANA SOUDHA, BENGALURU-560 001. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52275 WP No. 60479 of 2016 C/W WP No. 60474 of 2016 WP No. 204 of 2017 3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.14/3, 1ST FLOOR, RASHTROTHARA PARISHATH BUILDING, WEST WING, NRUPATUNGA ROAD, BENGALURU-560 001. 4. M/S. BIT-TUL PRIVATE LTD., REPRESENTED BY ITS DIRECTOR SMT. SHYLA S. HEGDE DODDAKALLASANDRA, KANAKAPURA MAIN ROAD, BENGALURU-560 062. …RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1 & R-2; SRI B.B. PATIL, ADVOCATE FOR R-3; SMT. LATHA S. SHETTY, ADVOCATE FOR R-4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PROVISIONS OF SECTION 3(1) OF CHAPTER II AND PROVISIONS OF SECTIONS 28 TO 31 OF THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT ACT, 1966 (KARNATAKA ACT NO.18/1996) AS UNCONSTITUTIONAL BEING REPUGNANT AND INCONSISTENT WITH THE PROVISIONS OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 AS WELL AS UNDER ARTICLE 254(2) OF THE CONSTITUTION AND ETC., IN W.P. NO.60474/2016 BETWEEN: 1. SRI RAMASWAMY S/O LATE T. THIMMAIAH, AGED ABOUT 74 YEARS, 2. SRI THIMMARAYAPPA S/O LATE T. THIMMAIAH, - 3 - HC-KAR NC: 2025:KHC:52275 WP No. 60479 of 2016 C/W WP No. 60474 of 2016 WP No. 204 of 2017 AGED ABOUT 71 YEARS, 3. SRI NAGARAJU S/O LATE T. THIMMAIAH, AGED ABOUT 67 YEARS, 4. SRI SRINIVASA S/O LATE T. THIMMAIAH, AGED ABOUT 63 YEARS, 5. SRI PUTTASWAMY S/O LATE T. THIMMAIAH, AGED ABOUT 58 YEARS, ALL ARE R/AT DODDAKALLASANDRA VILLAGE, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, KANAKAPURA ROAD, BENGALURU-560062. ...PETITIONERS (BY SRI L. VENKATARAMA REDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT VIDHANA SOUDHA, BENGALURU-560 001. 2. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BENGALURU-560 001. 3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.14/3, 1ST FLOOR, RASHTROTHARA PARISHATH BUILDING, WEST WING, NRUPATUNGA ROAD, BENGALURU-560 001. 4. SHREESHYLA CO-OPERATIVE INDUSTRIAL ESTATES LTD., REPRESENTED BY ITS PRESIDENT, - 4 - HC-KAR NC: 2025:KHC:52275 WP No. 60479 of 2016 C/W WP No. 60474 of 2016 WP No. 204 of 2017 B.T. SHANKAR HEGDE, DODDAKALLASANDRA, KANAKAPURA ROAD, BENGALURU-560062. 5. SRI ABHISHEK S/O FATHER NAME NOT KNOWN, NO.56, 1ST FLOOR, 1ST MAIN, V.V.NAGAR, SUBRAMANYAPURA POST, BENGALURU-560061 6. SRI L. SACHIDANANDA MURTHY S/O FATHER NAME NOT KNOWN, ERGO INDUSTRIES, NO.13/81, KRISHNA KAMALA, 6TH CROSS, ASHOKNAGAR, B.S.K. 1ST STAGE, BENGALURU-560 050. 7. SRI RAVI KALE S/O FATHER NAME NOT KNOWN, NO.144, 26TH CROSS, 6TH BLOCK, JAYANAGAR, BENGALURU-560 082. 8. SRI A.S. KARUNAKARAN S/O SUBRAMANIAM, OPPOSITE S.B.I. COLONY, NO.68/5, KANAKAPURA MAIN ROAD, J.P. NAGAR, BENGALURU-560078. 9. SRI MAUJI MULJI PATEL S/O LATE MULJI VIRJI PATEL, AGED ABOUT 70 YEARS, NO.28, NEW TIMBER YARD LAYOUT, MYSORE ROAD, BENGALURU-560026. ...RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1 & R-2; SRI B.B. PATIL, ADVOCATE FOR R-3; SRI M.K. SHIVARAMU, ADVOCATE FOR R-5; SRI PRAKASH M. PATIL, ADVOCATE FOR R-8; SRI SUPREET S., ADVOCATE FOR R-6 & R-7; PETITION AGAINST R-4 IS STAND ABATED - 5 - HC-KAR NC: 2025:KHC:52275 WP No. 60479 of 2016 C/W WP No. 60474 of 2016 WP No. 204 of 2017 V/O. DATED 11.06.2018 NOTICE TO R-9 SERVED & UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PROVISIONS OF SECTION 3(1) OF CHAPTER II AND PROVISIONS OF SECTIONS 28 TO 31 OF THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT ACT, 1966 (KARNATAKA ACT NO.18/1966) AS UNCONSTITUTIONAL BEING REPUGNANT AND INCONSISTENT WITH THE PROVISIONS OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 AS WELL AS UNDER ARTICLE 254(2) OF THE CONSTITUTION AND ETC., IN W.P. NO.204/2017 BETWEEN: SMT. CHIKKATHAYAMMA W/O LATE MUNIRAMAIAH, AGED ABOUT 66 YEARS R/AT #6, 1ST MAIN ROAD, NEAR GANESHA TEMPLE, DODDAKALLASANDRA VILLAGE, UTTARAHALLI HOBLI, KANAKAPURA ROAD, BANGALORE-560 062. ...PETITIONER (BY SRI L. VENKATARAMA REDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, VIDHANA SOUDHA, BENGALURU-560 001. - 6 - HC-KAR NC: 2025:KHC:52275 WP No. 60479 of 2016 C/W WP No. 60474 of 2016 WP No. 204 of 2017 2. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF COMMERCE & INDUSTRIES, VIDHANA SOUDHA, BENGALURU-560 001. 3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.14/3, 1ST FLOOR, RASHTROTHARA PARISHATH BUILDING, WEST WING, NRUPATUNGA ROAD, BENGALURU-560 001. 4. M/S. HEGDE AND GOLAY PVT. LTD., REPRESENTED BY ITS REPRESENTATIVE SMT. RASHMI HEGDE, DODDAKALLASANDRA, KANAKAPURA ROAD, BENGALURU-560 062. ...RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1 & R-2; SRI B.B. PATIL, ADVOCATE FOR R-3; SMT. RAJASHREE, ADVOCATE FOR R-4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PROVISIONS OF SECTION 3(1) OF CHAPTER II AND PROVISIONS OF SECTIONS 28 TO 31 OF THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT ACT, 1966 (KARNATAKA ACT NO.18/1966) AS UNCONSTITUTIONAL BEING REPUGNANT AND INCONSISTENT WITH THE PROVISIONS OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 AS WELL AS UNDER ARTICLE 254(2) OF THE CONSTITUTION AND ETC. THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 7 - HC-KAR NC: 2025:KHC:52275 WP No. 60479 of 2016 C/W WP No. 60474 of 2016 WP No. 204 of 2017 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER There is no representation for the petitioners though the petitions have been consistently listed for want of appearance of the petitioners. It appears that the petitioners are not interested in prosecuting the petitions. Hence, the Writ Petitions are dismissed for non- prosecution. Sd/- ____________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 41