- 1 - HC-KAR NC: 2025:KHC:32559 WP No. 25367 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 25367 OF 2025 (LA-KIADB) BETWEEN: 1. KUM. RASHMIPRIYA, D/O SRINIVASA H.R., AGED ABOUT 24 YEARS, 2. SRI. YOGESH S S/O SRINIVASA H.R., AGED ABOUT 24 YEARS, BOTH ARE RESIDING AT NO.96/1, NEAR SHANI MAHATMA TEMPLE, KEMPAPURA HEBBAL, BANGALORE-560024. …PETITIONERS (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 NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32559 WP No. 25367 of 2025 KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560 001. 3. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL 39, SHANTHI GRUHA, BHARATH SCOUTS AND GUIDES BUILDING, 4TH FLOOR, PALACE ROAD, BANGALORE-560 001. 4. KARNATAKA RAIL INFRASTRUCTURE DEVELOPMENT COMPANY LIMITED, REP. BY ITS MANAGING DIRECTOR “SAMPARKA SOUDHA”, 1ST FLOOR, B.E.P PREMISES (OPP. ORION MALL), DR. RAJKUMAR ROAD, RAJAJINAGAR 1ST BLOCK, BANGALORE-560 010. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1; SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR R2 AND R3; SRI. M.M. HARISH, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE GENERAL AWARD DATED 29.10.2024 BEARING NO. KIADB/BHUSWA/C2/R/10/7.5/HEBBALA-02/2024-25 PASSED BY THE RESPONDENT NO.3 IN RESPECT OF LAND IN SY. NO.96/4 BEARING PROPERTY IDENTIFICATION NUMBER C2/R/10/7.5/HEBBALA-02 MEASURING 237.97 SQ MTS SITUATED AT WARD NO.7, HEBBAL VILLAGE, KASABA HOBLI, BENGALURU NORTH TALUK, IN SO FAR AS THE PETITIONERS ARE CONCERNED, WHICH IS PRODUCED AT ANNEXURE-E AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:32559 WP No. 25367 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners are at the doors of this Court seeking the following prayers: “WHEREFORE, it is prayed that the Hon'ble Court be pleased to; i) Issue writ of certiorari quashing the General Award dated: 29.10.2024 bearing No. KIADB/BhuSwa/ C2/R/10/7.5/HEBBALA-02/2024-25 passed by the respondent No. 3 in respect of land in Sy.No.96/4 bearing property identification Number C2/R/10/7.5/HEBBALA-02 measuring 237.97 Sq.Mtrs situated at Ward No.7, Hebbal Village, Kasaba Hobli, Bengaluru North Taluk, in so far as the Petitioners are concerned, which is produced at ANNEXURE-E. ii) Issue any suitable order, direction or writ in the nature of mandamus directing the respondent herein to consider the case of the petitioner as per section 29(2) of the KIAD Act. iii) Pass such other order, writ or direction as the Hon'ble Court deems fit in the facts and circumstances of the case including costs.” 2. Heard Sri. Sharan N Majage, learned counsel for petitioners, Sri. Spoorthy Hegde N, learned High Court Government Pleader for respondent No.1, Sri.H.L. Pradeep Kumar, learned counsel for respondent Nos.2 and 3 and Sri.M.M.Harish, learned counsel for respondent No.4 and have perused the material on record. - 4 - HC-KAR NC: 2025:KHC:32559 WP No. 25367 of 2025 3. Learned counsel appearing to the petitioners submits in plethora of identical matters, this Court has considered the issue and answered in favour of the petitioners. One such order passed by the Coordinate Bench of this Court in W.P.No.33825/2024, disposed on 13.12.2024, has allowed the petition and directed the respondents to consider the case of the petitioners therein and pass necessary order in accordance with law. 4. Learned High Court Government Pleader would not dispute the position of law, the identical circumstance and afore-quoted judgment rendered by the Coordinate Bench of this Court. 5. This Court in W.P.No.33825/2024, disposed on 13.12.2024, has held as follows: “2. In this writ petition, the grievance of the petitioners is that the lands belonging to the petitioners has been acquired by the respondent-authorities for the purpose of formation of Industrial Layout and the General Award Annexure-C dated 26.07.2019 is passed by the respondent-authorities. It is stated in the writ petition that insofar as the petitioners lands in question are concerned, petitioners are willing for consent award that may be passed by the respondent-authorities. - 5 - HC-KAR NC: 2025:KHC:32559 WP No. 25367 of 2025 3. In that view of the matter, this Court in several writ petitions has considered similar cases and therefore, I pass the following order :- a. Writ petition is allowed; b. Certiorari is issued, the General Award bearing No.LAQ/KIADB/TU/2019-20 dated 26.07.2019 passed by 2nd respondent at Annexure – C insofar as the property of the petitioners are concerned is hereby quashed; c. Respondent No.2 is directed to consider the case of the petitioners in terms of Section 29(2) of the KIAD Act upon the petitioners satisfying all the requirements thereof; d. In the event of there being any claims adverse as regards the petitioner in respect of the said lands prior to the disbursal of the amount, the General Award will come back automatically into force. e. Respondent No.2 is permitted to withdraw the amount in deposit and disburse to the petitioner." Therefore, the issues as answered by the Co-Ordinate Bench of this Court supra and in the light of the issues standing covered on all its fours, I pass the following: ORDER a. Writ petition is allowed. b. Certiorari is issued, the General Award bearing No.KIADB/BhuSwa/C2/R/10/7.5/HEBBALA-02/2024- 25 dated 29.10.2024 passed by 3rd respondent at - 6 - HC-KAR NC: 2025:KHC:32559 WP No. 25367 of 2025 Annexure–E insofar as the property of the petitioners is concerned, is hereby quashed. c. Respondent No.3 is directed to consider the case of the petitioners in terms of Section 29(2) of the KIAD Act upon the petitioners satisfying all the requirements thereof. d. In the event of there being any claims adverse as regards the petitioners in respect of the said land prior to the disbursal of the amount, the General Award will come back automatically into force. e. Respondent No.3 is permitted to withdraw the amount in deposit and disburse to the petitioners. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 6