Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:51089 WP No. 36416 of 2025
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. 36416 OF 2025 (LA-KIADB) BETWEEN:
SRI ASHAVTHA NARAYANA S/O MUNIYAPPA AGED ABOUT 45 YEARS R/AT. PALYA VILLAGE CHANARAYAPATANA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DIST-562 135. …PETITIONER (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, KHANIJA BHAVANA, RACE COURSE ROAD BENGALURU-560 001
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:51089 WP No. 36416 of 2025
3.
THE SPECIAL LAND ACQUISITION OFFICER-2, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO. 14/3, 1ST FLOOR
CFC BUILDING, MAHARSHI ARAVINDA BHAVAN NRUPATUNGA ROAD, BANGALORE-560 001 …RESPONDENTS (BY SRI HARISHA A. S., AGA FOR R1;
SRI H.L.PRADEEP KUMAR, ADV. FOR R2 AND R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R3 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 11.08.2022 AS PER ANNEXURE J 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 accepts notice for respondent No.1.
2. Sri H.L. Pradeep Kumar, learned counsel is
directed to accept notice for respondent Nos.2 and 3. - 3 -
HC-KAR NC: 2025:KHC:51089 WP No. 36416 of 2025
3. The petitioner has approached this Court seeking for the following prayers:
“a. Issue a Writ of Mandamus directing the respondent No.3 to consider the representation of the petitioner dated 11.08.2022 as per Annexure-J; and b. Issue such other order or direction, this Hon’ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice and equity.”
4. The petitioner claims ownership over land bearing Sy.No.5, measuring 1 acre 8 guntas situated at Palya Village, Chanarayapatana Hobli, Devanahalli Taluk, Bengaluru Rural District (‘subject land’ for short). It is submitted that one Sri Sampangiramaiah @ Gopalapaa, and others were cultivating the subject land, that the petitioner’s father was cultivating 1 acre 8 guntas as an unauthorized occupant. The petitioner’s father made an application seeking regularization of his unauthorized occupation. The Tahasildar by office memorandum dated 10.08.2001 exempted the petitioner under Rule 12(4) of
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HC-KAR NC: 2025:KHC:51089 WP No. 36416 of 2025
the Karnataka Land Revenue Rules. Subsequent to grant, the father of the petitioner was in continuous occupation and cultivation of the land till his lifetime. Thereafter, the petitioner’s father died leaving behind the petitioner. 5. Thereafter, respondent Nos.2 and 3, issued final notification dated 15.11.2018 for establishment of an industrial area. However, the petitioner’s name did not appear in final notification as the RTC had not been updated to reflect his name. 6. The petitioner thereafter submitted a representation to respondent No.2-Karnatka Industrial Areas Development Board (KIADB) requesting disbursal of the compensation for the acquired land. On receipt of the representation, the Special Land Acquisition Officer (SLAO) letter to the Deputy Commissioner dated 26.08.2022, regarding the genuineness of the grant made in favour of the petitioner’s father. The Additional Deputy Commissioner on 08.02.2022 directed the Tahasildar to
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HC-KAR NC: 2025:KHC:51089 WP No. 36416 of 2025
submit a report regarding the said grant made in favour of Sri Muniyappa i.e., petitioner’s father. 7. The Tahasildar in his report dated 23.07.2024 confirmed that there a grant had indeed been made in favour of the petitioner’s father. 8. However, it was also stated that the records though did not indicate the cultivation certificate.
After inspection of the land and verification of grant records, the Tahasildar appears to have concluded that the petitioner is entitled to compensation. The Tahasildar has forwarded the saguvali chit, land grant sketch, regularization Committee proceedings, and other relevant records pertaining to the grant order under a covering letter dated 30.08.2024, all which is produced along with the writ petition. 9. The grievance of the petitioner is that despite submission of the representation and despite the Tahasildar confirming the existence of a valid grant, the
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HC-KAR NC: 2025:KHC:51089 WP No. 36416 of 2025
inaction on part of the respondent No.2-KIADB has compelled the petitioner to approach this Court in this writ petition. 10. Upon perusal of the material on record, it is evident that the petitioner’s father’s unauthorized occupancy was regularized and the Tahasildar indicated that there is a land granted in favour of the petitioner’s father, and compensation to be paid. In view of this, the representation so submitted seeks disbursement of compensation requires due consideration by respondent No.3 in accordance with law. Accordingly, this Court pass the following:
ORDER i. The writ petition is disposed of. ii. Respondent No.3 is directed to consider the petitioner's representation dated 11.08.2022 seeking compensation, after the petitioner furnishing all relevant documents
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HC-KAR NC: 2025:KHC:51089 WP No. 36416 of 2025
demonstrating his entitlement to compensation in addition to the Tahasildar’s report already on record. iii. Upon such production, respondent No.3-SLAO shall consider the claim and pass appropriate orders in accordance with law as expeditiously as possible, in any event not later than eight weeks from the date on which the documents are furnished.
Sd/- ____________________ JUSTICE K.S. HEMALEKHA
AT List No.: 1 Sl No.: 26