Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 45901 (KAR)

SRI T PRAKASH v. STATE OF KARNATAKA

WP/1822/2026 · 2026-02-04

S Sunil Dutt Yadav

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:6389 WP No. 1822 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 1822 OF 2026 (LA-KIADB) BETWEEN: 1. SRI T PRAKASH S/O THIRUMALAIAH, AGED ABOUT 57 YEARS, R/A MACHANAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562 111. … PETITIONER (BY SRI. VIRUPAKSHAIAH P.H., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BENGALURU - 560 001. 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD A GOVERNMENT OF KARNATAKA UNDERTAKING, NO. 14/3, 2ND FLOOR, RP BUILDING, NRUPATHUNGA ROAD, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6389 WP No. 1822 of 2026 BENGALURU - 560 001. REPRESENTED BY ITS JOINT DIRECTOR AND CHIEF EXECUTIVE OFFICER 3. THE SPECIAL LAND ACQUISITION OFFICER-II (BMICP) AND BENGALURU RURAL, NELAMANGALA TALUK, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO. 14/3, 2ND FLOOR, RP BUILDING, NRUPATHUNGA ROAD, BENGALURU - 560 001. … RESPONDENTS (BY SMT. SAVITHRAMM, AGA FOR R1; SRI DILDARSHIRAHALLI, ADVOCATE FOR R2 & R3) *** THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED GENERAL AWARD DATED 03.08.2023 VIDE ANNEXURE-D BEARING NO. KIADB/LAQ/2977/2023-24 PASSED BY THE 3RD RESPONDENT AUTHORITY IN SO FAR AS IT RELATES TO THE LAND OWNED BY THE PETITIONER BEARING SY. NO. 139 MEASURING TO AN EXTENT OF 02 ACRES 01 GUNTAS INCLUSIVE OF 02 GUNTAS KHARAB SITUATED AT MACHANAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT 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 - 3 - HC-KAR NC: 2026:KHC:6389 WP No. 1822 of 2026 ORAL ORDER Learned Additional Government Advocate accepts notice for respondent No.1. Sri. Dildar Shirahalli, 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-D passed by respondent No.3 insofar as it relates to the land bearing Sy. No. 139, measuring 2 acres 1 gunta situated at Machanahalli Village, Sompura Hobli, Nelamangala Taluk, Bangalore Rural District. Petitioner has also sought for issuance of writ in the nature of mandamus to direct the respondents to consider the case of the petitioner to award compensation by way of agreement in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (for short 'KIAD Act'). - 4 - HC-KAR NC: 2026:KHC:6389 WP No. 1822 of 2026 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. Learned counsel for the petitioner submits that though there is a dispute, such dispute has been settled and accordingly, there is no impediment for the respondent - Authorities in passing a consent award. 6. Learned counsel for the respondent - KIADB submits that respondents would verify the said submission and proceed further in accordance with law. - 5 - HC-KAR NC: 2026:KHC:6389 WP No. 1822 of 2026 7. 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: a) The impugned general award at Annexure-D insofar as the petitioner's land is concerned, is set aside. b) 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. c) 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. d) 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. - 6 - HC-KAR NC: 2026:KHC:6389 WP No. 1822 of 2026 The petition is disposed of in terms of the above. Sd/- (S SUNIL DUTT YADAV) JUDGE VP