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2026 DAILYLAW 45775 (KAR)

SRI SHIVARAJAIAH v. THE STATE OF KARNATAKA

WP/905/2026 · 2026-01-19

S Sunil Dutt Yadav

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:2630 WP No. 905 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 905 OF 2026 (LA-KIADB) BETWEEN: SRI SHIVARAJAIAH S/O LATE RAMACHANDRAIAH, AGED ABOUT 33 YEARS, R/O P. GOLLAHALLI, BELLAVI HOBLI-572128. TUMKURU TQ AND DIST. …PETITIONER (BY SRI. M.B.CHANDRA CHOODA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF INDUSTRIES AND COMMERCE, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE SPECIAL LAND ACQUISITION OFFICER, KIADB, 1ST FLOOR, MARUTHI TOWER, NEAR SIRA GATE, B.H.ROAD, TUMAKURU-572201. …RESPONDENTS (BY SRI. HARISHA A.S., AGA FOR R1; SRI. P. V. CHANDRASHEKAR, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD DATED 26/07/2019 PASSED IN CASE NO. LAQ/KIADB/TU/2019-20 BY THE SPECIAL LAND ACQUISITION OFFICER, KIADB, TUMKUR VIDE ANNEXURE-D, IN SO FAR IT RELATES TO THE LANDS BEARING SY.NO.18/3 MEASURING 2 Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2630 WP No. 905 of 2026 ACRES 25 GUNTAS INCLUDING KARAB LAND OF 0-01 GUNTA SITUATED AT PURADAKUNTE VILLAGE, BELLAVI HOBLI, TUMAKURU TALUK AND DISTRICT, BY ISSUE OF WRIT OF CERTIORARI 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 respondent No.2. 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-D dated 26.07.2019 passed by respondent No.2 insofar as it relates to the land bearing Sy. No.18/3, measuring 2 acres 25 guntas including karab land of 0.01 gunta situated at Puradakunte village, Bellavi Hobli, Tumakuru Taluk and District. Petitioner has also sought for issuance of writ of - 3 - HC-KAR NC: 2026:KHC:2630 WP No. 905 of 2026 mandamus to direct the 2nd respondent to withdraw the amount in deposit before the Court and to issue a direction to the 2nd respondent to pass consent award. 3. The case of the petitioner is that he 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, 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: - 4 - HC-KAR NC: 2026:KHC:2630 WP No. 905 of 2026 (i) The impugned general award at Annexure-D insofar as the petitioner's land is concerned, is set aside. (ii) Respondent No.2 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 the award amount, the general award at Annexure-D 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. - 5 - HC-KAR NC: 2026:KHC:2630 WP No. 905 of 2026 8. Accordingly, the petition is disposed of in terms of the above. Sd/- (S SUNIL DUTT YADAV) JUDGE VP