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2025 DAILYLAW 83018 (KAR)

KARNATAKA INDUSTRIAL v. SHIVAPPA

WA/1331/2023 · 2025-11-10

Anu Sivaraman, Vijaykumar A Patil

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45769-DB W.A. No.1331/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO. 1331 OF 2023 (LA-KIADB) BETWEEN: 1. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO.49, 4TH FLOOR KHANIJA BHAVANA EAST WING, RACE COURSE ROAD BENGALURU-560001 REP BY ITS CHIEF EXECUTIVE OFFICER. 2. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.49 4TH FLOOR, KHANIJA BHAVANA RACE COURSE ROAD BENGALURU-560001. 3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.49 4TH FLOOR, KHANIJA BHAVANA RACE COURSE ROAD BENGALURU-560001 …APPELLANTS (BY SRI. H.L. PRADEEP KUMAR, ADV.,) AND: 1. SHIVAPPA Digitally signed by RUPA V Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:45769-DB W.A. No.1331/2023 AGED ABOUT 37 YEARS S/O ADIMURTHAPPA. 2. NANJUNDAPPA AGED ABOUT 41 YEARS S/O ADIMURTHAPPA. BOTH R1 & R2 R/AT ADIGANAHALLI VILLAGE HOSAHUDYA POST KASAVAHOBLI BAGEPALLI TALUK CHIKKABALLAPUR DISTRICT-561207. 3. STATE OF KARNATAKA BY PRINCIPAL SECRETARY DEPARTMENT OF INDUSTRY AND COMMERCE INDUSTRIAL DEVELOPMENT M.S. BUILDING, BENGALURU-560001. …RESPONDENTS (BY SRI. CHETHAN A.C. ADV., FOR R1 & R2 SMT. MAMATHA SHETTY, AGA FOR R3) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED 11/01/2022 IN WP NO.22433/021 PASSED BY THE LEARNED SINGLE JUDGE AND DISMISS THE WRIT PETITION WITH COSTS THROUGHOUT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT APPEAL HAVING BEEN HEARD AND RESERVED ON 03.11.2025, COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THIS DAY VIJAYKUMAR A. PATIL J., DELIVERED THE FOLLOWING: - 3 - HC-KAR NC: 2025:KHC:45769-DB W.A. No.1331/2023 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL CAV JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed under Section 4 of the High Court Act, 1961, challenging the order dated 11.01.2022 passed by the learned Single Judge in W.P.No.22433/2021 (LA- KIADB). 2. Heard the learned counsel appearing for the appellant, the learned AGA for respondent-State and learned counsel appearing for the respondent-land owners. 3. It is observed that the subject matter of this appeal is squarely answered by this Court in the judgement dated 06.11.2025 passed in W.A.No.858/2025 and connected matters. In view of the above, considering that the preliminary notification in this appeal and the preliminary notification in W.A.No.858/2025 are one and the same, this writ appeal is liable to be dismissed in - 4 - HC-KAR NC: 2025:KHC:45769-DB W.A. No.1331/2023 terms of the judgment in W.A.No.858/2025 and connected matters. Accordingly, this writ appeal is dismissed. Pending applications, if any, stand disposed. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 2