Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 12927 (KAR)

SMT. PADMAMMA v. THE STATE OF KARNATAKA

WP/3617/2026 · 2026-02-06

S Sunil Dutt Yadav

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:7034 WP No. 3617 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 3617 OF 2026 (LA-KIADB) BETWEEN: 1. SMT. PADMAMMA W/O LATE MALLESHAPPA, AGED ABOUT 47 YEARS, ACHATNAHALLI VILLAGE, KOLAR TALUK, KOLAR-563 133 … PETITIONER (BY SRI. RAGHAVENDRA GOWDA K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA, BANGALORE-560 001. REPRESENTATED BY ITS SECRETARY 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD EAST WING, KHANIZA BHAVAN, BANGALORE-560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7034 WP No. 3617 of 2026 3. THE SPECIAL LAND ACQUISITION OFFICER HEAD OFFICE, KIADB NO.14/1, ARAVINDA BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD, BENGALURU-560 001. … RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1; SRI P.V. CHANDRA SHEKAR, ADVOCATE FOR R2 & R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE GENERAL AWARD BEARING NO.KIADB/LAQ/644/2023-24 DATED 02.02.2024 VIDE ANNEXURE-A ISSUED BY R3 IN SO FAR AS PETITIONER IS CONCERNED, TO EXTENT PASSED BY THE THIRD RESPONDENT AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Learned Additional Government Advocate accepts notice for respondent No.1. Sri. P. V. Chandrashekar, learned counsel accepts notice for respondents 2 and 3. The matter is taken up for disposal by consent. 2. The petitioner has sought for issuance of writ of certiorari to set aside the general award at Annexure-A - 3 - HC-KAR NC: 2026:KHC:7034 WP No. 3617 of 2026 passed by respondent No.3. Petitioner has also sought for issuance of writ in the nature of mandamus to direct the respondents to consider the case of the petitioner in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (for short 'KIAD Act') and to pass consent award insofar as it relates to the land to an extent of 13½ guntas out of 1 acre 20 guntas in Sy. No.102/1 of Achatnahalli Village, Kasaba Hobli, Malur Taluk, Kolar District. 3. The case of the petitioner is that she was willing for a consent award and accordingly, the question of passing of general award does not arise. 4. Learned counsel for the respondent - Karnataka Industrial Area Development Board (KIADB) submits that the petition itself could be disposed of while setting aside the general award insofar as the petitioner is concerned and the respondent - Special Land Acquisition Officer, - 4 - HC-KAR NC: 2026:KHC:7034 WP No. 3617 of 2026 KIADB would consider the request of the petitioner and pass a consent award as per law. 5. In light of the said stand and taking note of the directions passed in W.P.No.15026/2021, the petition is disposed of as follows: (i) The impugned general award at Annexure-A insofar as the petitioner's land is concerned, is set aside. (ii) Respondent No.3 is directed to consider the claim of the petitioner for passing of consent award and pass a consent award in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1966, within a period of four months from the date of receipt of copy of this order. 6. It is made clear that, in the event if there is any dispute with regard to entitlement and apportionment of - 5 - HC-KAR NC: 2026:KHC:7034 WP No. 3617 of 2026 the award amount, the general award at Annexure-A would stand revived. 7. Liberty is reserved to the Special Land Acquisition Officer, KIADB to withdraw the amount, if deposited before the Civil Court pursuant to the general award. 8. Accordingly, the petition is disposed of in terms of the above. SD/- (S SUNIL DUTT YADAV) JUDGE VP