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2026 DAILYLAW 45530 (KAR)

SRI. KRISHNAPPA v. THE STATE OF KARNATAKA

WP/197/2026 · 2026-01-09

S Sunil Dutt Yadav

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:1330 WP No. 197 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 197 OF 2026 (LA-KIADB) BETWEEN: 1. SRI. KRISHNAPPA S/O LATE ANKALAPPA AGED ABOUT 80 YEARS, RESIDING AT BHAVANAHALLI VILLAGE, MALUR TALUK, KOLAR DISTRICT-563 137 2. SMT SEETHAMMA W/O LATE MUNIKRISHNAPPA AGED ABOUT 74 YEARS, RESIDING AT KARISANDRA VILLAGE, MALUR TALUK, KOLAR DISTRICT - 563 139 … PETITIONERS (BY SRI. RAGHAVENDRA GOWDA K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA, BANGALORE-560 001. REPRESENTED BY ITS SECRETARY. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1330 WP No. 197 of 2026 EAST WING, KHANIZA BHAVAN, BANGALORE-560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER 3. THE SPECIAL LAND ACQUISITION OFFICER HEAD OFFICE, KIADB NO.14/1, ARAVINDA BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD, BENGALURU-560 001. … RESPONDENTS (BY SRI. A.S. HARISH, AGA FOR R1; SRI P.V. CHANDRASHEKAR, ADVOCATE FOR R2 & R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE UNDATED GENERAL AWARD BEARING NO. KIADB/LAQ/2306/2023-24 VIDE ANNEXURE-A IN RESPECT OF PETITIONER, PASSED BY THE R-3 AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING 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 No.2 and 3. - 3 - HC-KAR NC: 2026:KHC:1330 WP No. 197 of 2026 The matter is taken up for disposal by consent. 2. Petitioners have sought for issuance of writ of certiorari to set aside the general award insofar as the petitioners' property is concerned and issue writ in the nature of mandamus to direct the respondents to consider the case of the petitioners in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (for short 'KIAD Act') and to pass consent award. 3. The case of the petitioners is that they were 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 Areas Development Board (KIADB) submits that the petition itself could be disposed of while setting aside the general award insofar as the petitioners are concerned and the respondent - Special Land Acquisition Officer, KIADB would consider the request of the petitioners and pass a consent award as per law. - 4 - HC-KAR NC: 2026:KHC:1330 WP No. 197 of 2026 5. In light of the said stand, taking note of the directions passed in W.P.No.15026/2021, the petition is disposed of as follows: (i) The petition is allowed. (ii) The impugned general award at Annexure-A insofar as the petitioners' land is concerned, is set aside. (iii) Respondent No.3 is directed to consider the claim of the petitioners for passing of consent award and pass a consent award in terms of Section 29(2) of the KIAD Act, within a period of four months from the date of receipt of certified 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 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 - 5 - HC-KAR NC: 2026:KHC:1330 WP No. 197 of 2026 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