Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:51740 WP No. 36827 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 36827 OF 2025 (LA-KIADB) BETWEEN:
1.
SRI. THIMMAPPA. G S/O GIRIYAPPA. Y.
AGED ABOUT 62 YEARS, R/AT 24, 3RD CROSS, 4TH MAIN AGRAHARA DASARAHALLI, BASAVESHWARARIAGAR, BENGALURU - 560 079.
2. JAYAMMA W/O. MOTEGOWDA, AGED ABOUT 63 YEARS, R/AT KALEGOWDANADODDI CHEELURU, RAMANGARA - 562 112.
3. SAROJAMMA W/O. CHANNAGIRIGOWDA, AGED ABOUT 72 YEARS, R/AT HANUNTHANAGARA, CHEELURU, RAMANAGARA - 562 112.
4.
C. SHIVANNA S/O. CHANNAGIRIGOWDA, AGED ABOUT 66 YEARS, R/AT NO.55, VISHWESHWARAIAH LAYOUT, MALLTHAHALLI, BENGALURU SOUTH, BENGALURU - 560 056.
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:51740 WP No. 36827 of 2025
5. DASAPPA S/O. CHINNAGIRIGOWDA, AGED ABOUT 68 YEARS, R/AT HANUMANTHA NAGAR, CHEELURU, KANAKAPUR, RAMANAGARA - 562 112. …PETITIONERS (BY SRI. SRIHARI A.V., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA BANGALORE - 560 001 BY ITS SECRETARY
2.
THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD EAST WING, KHANIJA BHAVAN BANGALORE - 560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER
3.
THE SPECIAL LAND ACQUISITION OFFICER-1 THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO. 14/1, ARAVINDA BHAVAN 1ST FLOOR, NRUPATHUNGA ROAD BENGALURU - 560 001 …RESPONDENTS (BY SRI. HARISHA A.S., AGA FOR R1 SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2 AND R3)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
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HC-KAR NC: 2025:KHC:51740 WP No. 36827 of 2025
GENERAL AWARD BEARING NO.KIADB.LAQ.722.2019-20 DATED 11.10.2019 VIDE ANNEXURE-A PASSED BY THE THIRD RESPONDENT AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA
ORAL ORDER
Learned Additional Government Advocate Sri. Harisha A.S accepts notice for respondent No.1.
2. Learned counsel Sri. P.V. Chandrashekar submits that he has filed vakalath for respondent No.3 and is directed to accept notice for respondent No.2 also.
3. The petitioners in this writ petition are seeking for the following reliefs:
“a) Issue a writ in the nature of Certiorari quashing the General Award bearing No.KIADB:LAQ:722:2019-20 dated 11.10.2019 vide Annexure-A passed by the Third respondent. b) Issue a writ in the nature of mandamus directing the respondents to consider the case of the
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HC-KAR NC: 2025:KHC:51740 WP No. 36827 of 2025
petitioners as per Section 29(2) of the KIAD Act for passing the consent Award in respect of the Petitioners lands measuring 11 guntas in Sy.No.210/2, 07 guntas in Sy. No.210/3, 14 guntas in Sy.No.212/2, 1 acre 26 guntas in Sy.No.212/4 and 05 guntas in Sy.No.212/5 of Cheeluru village, Maralawadi Hobli, Harohalli Taluk, Ramanagara District. c) Grant such other reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case and in the interest of justice and equity.”
4. Heard learned counsel appearing for the petitioners, learned AGA for respondent No.1 and learned counsel appearing for respondents 2 and 3.
5. Both learned counsel appearing for the parties fairly submit that in identical matters, the Co-ordinate Bench of this Court has considered the issue and answered the same in favour of the petitioners. One such petition is annexed along with the writ petition papers, in the case of VENKATACHALAIAH AND ANOTHER VS. STATE OF KARNATAKA AND OTHERS,1. This Court, relying upon the
1 WP.No.15886/2025 D.D 01.07.2025
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HC-KAR NC: 2025:KHC:51740 WP No. 36827 of 2025
earlier decision of the Co-ordinate Bench of this Court in the case of SMT MUNIYAMMA AND OTHERS Vs. THE STATE OF KARNATAKA AND OTHERS2, had granted similar reliefs.
6. Consequently, noting the submission of both sides, the present petition also needs to be proceeded in the similar manner and this Court pass the following:
ORDER i) The writ petition is disposed of. ii) The impugned General Award dated 11.10.2019 at Annexure-A in so far as petitioners’ lands are concerned is hereby quashed. iii) Respondent No.3 is directed to consider the claim of the petitioners under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 within an outer limit of four months from the date of receipt of a copy of this order. iv) It is made clear that in the event, if any dispute arises with regard to entitlement and apportionment of the award amount, the General Award dated 11.10.2019 at Annexure-
2 WP.No.15026/2021 D.D 18.08.2021
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HC-KAR NC: 2025:KHC:51740 WP No. 36827 of 2025
A, which has been quashed by this Court would revive. v) Liberty is reserved to respondent No.3, to withdraw the amount, if deposited before the Civil Court pursuant to the General Award.
Sd/- _____________________ JUSTICE K.S. HEMALEKHA
VS List No.: 1 Sl No.: 35 CT-SG