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2026 DAILYLAW 50288 (KAR)

M/S GIRIAS INVESTMENT (P) LTD v. STATE OF KARNATAKA

WP/27743/2025 · 2026-01-19

S Sunil Dutt Yadav

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:2643 WP No. 27743 of 2025 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. 27743 OF 2025 (LA-RES) BETWEEN: M/S.GIRIAS INVESTMENT (P) LTD. A REGISTERED COMPANY UNDER THE INDIA COMPANIES ACT, 1956. HAVING ITS REGISTERED OFFICE NO.47, 3RD FLOOR, 15TH CROSS, 3RD MAIN, MARGOSA ROAD, MALLESHWARAM, BENGALURU - 560 003. REPRESENTED BY ITS DIRECTOR, MR.PRAVEEN GIRIA. …PETITIONER (BY SRI. CHENDANDA P. SOMANNA., ADVOCATE) AND: 1. STATE OF KARNATAKA, PUBLIC WORKS DEPARTMENT, REPRESENTED BY ITS SECRETARY, MS BUILDING, BENGALURU-560 001. 2. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA ROAD DEVELOPMENT CORPORATION LIMITED, NO.16/J, MILLER TANK BED AREA, THIMMAIAH ROAD CROSS, VASANTH NAGAR, BENGALURU - 560 052. …RESPONDENTS (BY SRI. HARISHA A.S., AGA FOR R1; SRI.VIJAYAKUMAR BAJENTRI, ADVOCATE FOR R2) Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2643 WP No. 27743 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO FORTHWITH CONSIDER THE PETITIONER'S TWO REPRESENTATIONS DATED 30.05.2024 (ANNEXURE-G AND H) AND DEPOSIT THE COMPENSATION AMOUNT OF RS. 1,11,07,157.84/-(RUPEES ONE CRORE ELEVEN LAKHS SEVEN THOUSAND ONE HUNDRED AND FIFTY-SEVEN AND EIGHTY- FOUR PAISE) AND RS. 1,79,83,017.45/- (RUPEES ONE CRORE SEVENTY NINE LAKHS EIGHTY THREE THOUSAND AND SEVENTEEN AND FORTY FIVE CENTS) BEFORE THE COMPETENT COURT TOGETHER WITH INTEREST THEREON AT THE RATE OF 15% PER ANNUM IN TERMS OF SECTION 80 OF THE 2013 ACT, IN RESPECT OF THE ACQUISITION OF 10.08 GUNTAS OF LAND IN SURVEY NO.82 AND 00-17 GUNTAS OF LAND ACQUIRED IN PROPERTY BEARING SY. 83 SITUATED AT KADATHANAMALE VILLAGE, HESARGHATTA HOBLI, BENGALURU NORTH TALUK FOR ADJUDICATION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 3 - HC-KAR NC: 2026:KHC:2643 WP No. 27743 of 2025 ORAL ORDER The petitioner has sought for issuance of writ in the nature of mandamus to direct the respondents to consider representations dated 30.05.2024 at Annexures-G and H and to deposit the compensation amount before the competent Court along with interest in terms of Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short '2013 Act'), in respect of land belonging to the petitioner. 2. It is the case of the petitioner that they have purchased land through a sale deed dated 15.04.2016 and portion of the said land is a subject matter of acquisition proceedings that was initiated by the Karnataka Road Development Corporation Limited. It is further submitted that the petitioner has made representations to respondent No.2 at Annexures-G and H. It is submitted that the petitioner has sought for deposit of award amount with respect to land in Survey No.82 at Kadathanamale - 4 - HC-KAR NC: 2026:KHC:2643 WP No. 27743 of 2025 Village. The land belonging to the petitioner is detailed in the said representation. It is further submitted that the award notice has been sent to the previous land owner, despite the petitioner having pointed out regarding the sale deed of 15.04.2016. It is submitted that all records as on date stand in the name of the petitioner and they are the sole title holders to the property which is a subject matter of acquisition and accordingly, seek for the amount to be deposited before the appropriate Court. Wherefore, it is submitted that authority may disburse the award amount to the petitioner. 3. Learned counsel appearing for respondent No.2 submits that they require some additional time to file their statement of objections. 4. However, taking note that previous opportunities are granted, it would be appropriate to direct respondent No.2 to take an appropriate decision as regards the representations at Annexures-G and H. - 5 - HC-KAR NC: 2026:KHC:2643 WP No. 27743 of 2025 If upon consideration it is found that dispute exists, necessary reference under Sections 76 and 77 of the 2013 Act, is required to be made. 5. Accordingly, petition is disposed of. Necessary orders to be passed as regards the representations at Annexures-G and H within a period of three weeks from the date of receipt of certified copy of this order. Needless to state, till decision is taken, the respondent authorities are directed not to disburse the compensation amount. 6. All contentions on merits are kept open. Needless to state, the claim of the petitioner for interest under Section 80 of the 2013 Act, is an aspect with respect to which respondent No.2 has to apply its mind. Accordingly, petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE MCR