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2026 DAILYLAW 2607 (KAR)

KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD v. SRI KRISHNAPPA

WA/847/2025 · 2026-04-07

D K Singh, T M Nadaf

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:18816-DB WA No. 847 of 2025 C/W WA No. 820 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 847 OF 2025 (LA-KIADB) C/W WRIT APPEAL NO. 820 OF 2025 (LA-KIADB) IN WA No. 847/2025 BETWEEN: 1. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD EAST WING, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560 001. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER 2. SPECIAL LAND ACQUISITION OFFICER-2 KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO.39, SHANTHI GRUHA, BHARATH SCOUTS AND GUIDES BUILDING, 4TH FLOOR, PALACE ROAD, BENGALURU-560001 …APPELLANTS (BY SRI. H L PRADEEP KUMAR., ADVOCATE) AND: 1. SRI KRISHNAPPA, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18816-DB WA No. 847 of 2025 C/W WA No. 820 of 2025 S/O LATE MUNISHAMAPPA @ DODDA MUNIPAPAIAH, AGED ABOUT 74 YEARS, 2. SRI. BASAVARAJU, S/O KRISHNAPPA AGED ABOUT 43 YEARS 3. SMT. PREMA.V. W/O BASAVARAJU AGED ABOUT 43 YEARS 4. SRI. MUNIRAJU, S/O KRISHNAPPA, AGED ABOUT 41 YEARS 5. SMT.ARCHANA KUMARI K., W/O MUNIRAJU, AGED ABOUT 40 YEARS 6. SRI.VENKATESH, S/O KRISHNAPPA, AGED ABOUT 39 YEARS 7. SMT. SHOBHA PM W/O VENKATESH, AGED ABOUT 34 YEARS 8. SRI. K. MUNIYAPPA, S/O KRISHNAPPA AGED ABOUT 37 YEARS 9. SMT. SOWMYA K., W/O MUNIYAPPA, AGED ABOUT 29 YEARS 10. SRI.MUNI NAGA, S/O KRISHNAPPA, AGED ABOUT 38 YEARS 11. SMT. SARITHA T.. - 3 - HC-KAR NC: 2026:KHC:18816-DB WA No. 847 of 2025 C/W WA No. 820 of 2025 C/O MUNI NAGA. AGED ABOUT 37 YEARS 12. SMT. NAGAVENI W/O NARAYANASWAMY, AGED ABOUT 32 YEARS ALL ARE RESIDING AT JANATHA COLONY, AMRUTHAHALLI, SAHAKARANAGAR, PO, BENGALURU-560092 13. STATE OF KARNATAKA, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, BANGALORE 560001. REPRESENTED BY ITS SECRETARY …RESPONDENTS (BY SRI. M.N.SUDEV HEGDE, AGA FOR R13; R1 TO R12 ARE SERVED) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 24.04.2025 IN WP No. 8830/2025 (LA-KIADB) PASSED BY THE LEARNED SINGLE JUDGE AND DISMISS THE WRIT PETITION WITH COSTS THROUGHOUT IN THE INTEREST OF JUSTICE AND EQUITY. IN WA NO. 820/2025 BETWEEN: 1. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD EAST WING, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560 001. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER 2. SPECIAL LAND ACQUISITION OFFICER-2 KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO.39, SHANTHI GRUHA, - 4 - HC-KAR NC: 2026:KHC:18816-DB WA No. 847 of 2025 C/W WA No. 820 of 2025 BHARATH SCOUTS AND GUIDES BUILDING, 4TH FLOOR, PALACE ROAD, BENGALURU-560001 ...APPELLANTS (BY SRI. H L PRADEEP KUMAR., ADVOCATE) AND: 1. SRI NAGARAJU S/O LATE BADIGAPPA URF MUNIYAPPA, AGED ABOUT 54 YEARS, 2. SRI. MUNIRAJU.M, S/O LATE BADIGAPPA URF MUNIYAPPA, AGED ABOUT 53 YEARS 3. SMT. R. JAYALAKSHMI W/O LATE RAMACHANDRA, AGED ABOUT 47 YEARS 4. SRI. R. BHARATH, S/O LATE RAMACHANDRA, AGED ABOUT 30 YEARS 5. SMT. SUSHMITHA R, W/O LATE RAMACHANDRA, AGED ABOUT 28 YEARS 6. SRI. PRAKASH B.M S/O S/O LATE BADIGAPPA URF MUNIYAPPA, AGED ABOUT 49 YEARS ALL ARE RESIDING AT BANDIKODIGEHALLI POST, BENGALURU NORTH, BENGALURU-562149. 7. STATE OF KARNATAKA, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, - 5 - HC-KAR NC: 2026:KHC:18816-DB WA No. 847 of 2025 C/W WA No. 820 of 2025 BANGALORE 560001. REPRESENTED BY ITS SECRETARY ...RESPONDENTS (BY SRI. M.N.SUDEV HEGDE, AGA FOR R7; SRI. SRIHARI A.V., ADVOCATE FOR R1 TO R6) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 24/04/2025 IN WP NO.8866/2025 PASSED BY THE LEARNED SINGLE JUDGE AND DISMISS THE WRIT PETITION WITH COSTS THROUGHOUT. THESE APPEALS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) These intra Court appeals have been filed impugning the judgment and order dated 24.04.2025 passed by the learned Single Judge in W.P.No.8830/2025 (LA-KIADB) C/w W.P.No.8866/2025 (LA-KIADB), filed by respondent Nos.1 to 12 and respondent Nos.1 to 6 herein respectively. 2. The parties are referred to as per their ranking before the writ Court, for the sake of convenience. - 6 - HC-KAR NC: 2026:KHC:18816-DB WA No. 847 of 2025 C/W WA No. 820 of 2025 3. The writ petitions were filed by the petitioners alleging that no award was passed in respect of two acres of land in Survey No.74/313 and 74/315 (Block 2 and 3) situated at Bandikodigehalli Village, Jala Hobli, Bangalore North Taluk, which was notified for acquisition vide preliminary notification dated 03.11.2006 and final notification dated 07.05.2007. 4. The learned Single Judge having considered the fact that no award was passed in respect of the land in question, set aside the preliminary and final notifications issued by the appellants acquiring the land in question. 5. Sri. H.L. Pradeep Kumar, learned counsel appearing for the appellants/KIADB submits that even though the land was mentioned in the notifications, but physically their lands have not been acquired and it is free from acquisition. 6. Considering the said submission, we dispose of the present writ appeals noting the aforesaid stand of the - 7 - HC-KAR NC: 2026:KHC:18816-DB WA No. 847 of 2025 C/W WA No. 820 of 2025 appellants that the petitioners land has not been acquired and it is free from acquisition. 7. We therefore, hold that the petitioners have right over their land, since their land has not been acquired by the appellants/KIADB. 8. In view of disposal of the appeals, pending interlocutory applications, if any do not survive for consideration, hence stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE NG CT: SN List No.: 1 Sl No.: 12