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2026 DAILYLAW 52785 (KAR)

SMT. RAMULAMMA W/O G. GOPAL v. THE PRINCIPAL SECRETARY TO THE GOVERNMENT

WP/102749/2024 · 2026-01-31

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:1255 WP No. 102749 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 31ST DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 102749 OF 2024 (LA-KIADB) BETWEEN: 1. SMT. RAMULAMMA W/O G. GOPAL, AGE. 62 YEARS, OCC. AGRICULTURIST, R/O KAKARLA THOTA, WARD NO.5TH, BALLARY CITY, TQ AND DIST. BALLARI. 2. G. CHENNAPPA S/O. LATE BYAYANNA, AGE: 54 YEARS, OCC: AGRICULTURIST, R/O: KAKARLA THOTA, WARD NO.5TH, BALLARY CITY, TQ & DIST: BALLARI. 3. G. KODANDA RAM S/O. LATE BYAYANNA, AGE: 48 YEARS, OCC: AGRICULTURIST, R/O: KAKARLA THOTA, WARD NO.5TH, BALLARY CITY, TQ & DIST: BALLARI. 4. G.THULASAMMA W/O. LATE. G. KRISHANAPPA, AGE: 45 YEARS, OCC: AGRICULTURE, R/O: KAKARLA THOTA, WARD NO.5TH, BALLARY CITY, TQ & DIST: BALLARI. 5. GOLLAR LAXMINARASAMMA, W/O. G. VENKATARAMANAPPA, AGE: 72 YEARS, OCC: HOUSEHOLD, R/O: HOUSE NO.16, W.NO:14, ROOPANGUDI NARAPPA STREET, MILLR PET, BALLARI CITY, TQ & DIST: BALLARI 6. B. MEENAXI W/O. LATE B.BASAPPA, AGE: 51 YEARS, OCC: AGRICULTURIST, R/O: KAKARLA THOTA (POST), WARD NO.5TH, BALLARY CITY, TQ & DIST: BALLARI. 7. GANGANNA S/O. KATAPPA, AGE: 40 YEARS, OCC: AGRICULTURIST, MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.13 12:02:03 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1255 WP No. 102749 of 2024 R/O: KAKARLA THOTA (POST), WARD NO.5TH, BALLARY CITY, TQ & DIST: BALLARI. 8. KATTESWAMY S/O. KALTEPPA, AGE: 49 YEARS, OCC: AGRICULTURIST, R/O: KAKARLA THOTA (POST), WARD NO.5TH, BALLARY CITY, TQ & DIST: BALLARI. 9. K. NAGARAJ S/O. K. THIMMAPPA, AGE: 58 YEARS, OCC: AGRICULTURIST, R/O: KAKARLA THOTA (POST), WARD NO.5TH, BALLARY CITY, TQ & DIST: BALLARI. 10. K.SHIVA RAM KRISHNA S/O. VEKATESWAR RAO, AGE: 51 YEARS, OCC: AGRICULTURIST, R/O: HOUSE NO 772, 9TH WARD, MANGAMMA CAMP, ANDRAL, TQ & DIST: BALLARI: 583101. 11. H. SIDDANNA S/O. LATE HONNURAPPA, AGE: 55 YEARS, OCE: AGRICULTURIST, W.NO.7. D NO.61 R.K.MILL ROAD, BAPUJINAGAR, TQ & DIST: BALLARI: 583104. 12. D. THIMMAREDDY S/O. LATE ANJENEYALU, AGE: 70 YEARS, OCC: AGRICULTURIST, HOUSE NO.216, 13TH WARD, HOLD SMISTH STREET, NEAR M.M BAKANY, TQ & DIST: BALLARI: 583101. 13. SMT. M. VIMALADEVI D/O. M. RAMAKRISHNAPPA, AGE: 46 YEARS, OCC: AGRICULTURIST, R/O. VANDHAN SCHOOL COMPOUND, ANANTHAPUR ROAD, TQ & DIST: BALLARI. 14. SMT. LAXMIDEVI W/O. NARSHIMHA CHOUDARY, AGE: 50 YEARS, OCC: AGRICULTURIST, R/O. PLOT NO.25B, SHANKAR COLONY, S.N.PET, TQ & DIST: BALLARI. 15. G.T. SUNKAPPA S/O. LATE THIPPESWAMY, AGE: 67 YEARS, OCC: AGRICULTURIST, R/O. 1ST MAIN 3RD CROSS, KUVEMPU NAGAR, CONTON MEET, TQ & DIST: BALLARI. - 3 - HC-KAR NC: 2026:KHC-D:1255 WP No. 102749 of 2024 16. K.V.SUJATHA W/O LATE G.T.SHIVAREDDY AGE: 52 YEARS, OCC: AGRICULTURIST, R/O. 1ST MAIN 3RD CROSS, KUVEMPU NAGAR, CONTON MEET, TQ & DIST: BALLARI. 17. G.T. KUMARREDDY S/O. LATE THIPPESWAMY, AGE: 60 YEARS, OCC: AGRICULTURIST, R/O. 1ST MAIN 3RD CROSS, KUVEMPU NAGAR, CONTON MEET, TQ & DIST: BALLARI. 18. GADILINGAPPA S/O. MALLAPPA, AGE: 40 YEARS, OCC: AGRICULTURIST, R/O: WARD NO.5TH, MUNDRAGI, KAKARLA THOTA (POST), TQ & DIST: BALLARI. 19. K.SURESH S/O. MALLAPPA, AGE: 53 YEARS, OCC: AGRICULTURIST, R/O: WARD NO.5TH, MUNDRAGI, KAKARLA THOTA (POST), TQ & DIST: BALLARI. 20. K. MALLIKARJUNA S/O. MALLAPPA, AGE: 34 YEARS, OCC: AGRICULTURIST, R/O: WARD NO.5TH, MUNDRAGI, KAKARLA THOTA (POST), TQ & DIST: BALLARI. 21. SMT. SHIVALINGAMMA W/O. SHIVALINGAPPA, AGE: 71 YEARS, OCC: AGRICULTURIST, R/O: WARD NO.5TH, MUNDRAGI, KAKARLA THOTA (POST), TQ & DIST: BALLARI. 22. HOSAGERAPPA S/O. KURUBAR ERANNA, AGE: 65 YEARS, OCE: AGRICULTURIST, R/O: WARD NO.5TH, MUNDRAGI, KAKARIA THOTA (POST), TQ & DIST: BALLARI. 23. K. NAGADEVAPPA S/O. KURUBAR ERANNA, AGE: 58 YEARS, OCC: AGRICULTURIST, R/O: WARD NO.5TH, MUNDRAGI, KAKARLA THOTA (POST), TQ & DIST: BALLARI. 24. K.PAMPAPATHY S/O. KURUBAR ERANNA, AGE: 53 YEARS, OCC: AGRICULTURIST, R/O: WARD NO.5TH, MUNDRAGI, KAKARLA THOTA (POST), TQ & DIST: BALLARI. 25. K.VEERUPAXI S/O. KURUBAR ERANNA, AGE: 47 YEARS, OCC: AGRICULTURIST, - 4 - HC-KAR NC: 2026:KHC-D:1255 WP No. 102749 of 2024 R/O: WARD NO.5TH, MUNDRAGI, KAKARLA THOTA (POST), TQ & DIST: BALLARI. 26. RAMIREDDY S/O. KURUBAR ERANNA AGE: 44 YEARS, OCC: AGRICULTURIST, R/O: WARD NO.5TH, MUNDRAGI, KAKARLA THOTA (POST), TQ & DIST: BALLARI. 27. T. JAYARAMREDDY S/O. T. LINGA REDDY, AGE: 58 YEARS, OCC: AGRICULTURE, R/O. MENCHANI VILLAGE, TQ & DIST: BALLARI. 28. K.THIMAPPA S/O. LATE ERAPPA, AGE: 68 YEARS, OCC: AGRICULTURE, R/O: KAKARLA THOTA (POST), WARD NO.5TH, BALLARY CITY, TQ & DIST: BALLARI. 29. SMT. SOUDAMANI W/O. LATE DEVENDRAPPA, AGE: 54 YEARS, OCC: AGRICULTURE, R/O: KAKARLA THOTA (POST), WARD NO.5TH, BALLARY CITY, TQ & DIST: BALLARI. 30. R.LAXMINARAYANA @ RR NARAYAN S/O. HANUMANTAPPA, S/O. LATE HANUMANTHAPPA, AGE: 58 YEARS, OCC: AGRICULTURE, R/O: KAKARLA THOTA (POST), WARD NO.5TH, BALLARY CITY, TQ & DIST: BALLARI. 31. S. NAGARAJ S/O. LATE HANUMANTHAPPA, AGE: 45 YEARS, OCC: AGRICULTURE, R/O: KAKARLA THOTA (POST), WARD NO.5TH, BALLARY CITY, TQ & DIST: BALLARI. 32. RUKAMINI W/O. ERANNA, AGE: 57 YEARS, OCC: AGRICULTURE, R/O: KAKARLA THOTA (POST), GUGGAS HALLI, WARD NO.5TH, BALLARY CITY, TQ & DIST: BALLARI. 33. T. NAGANGOUDA S/O. VIRUPAXAPPA, AGE: 45 YEARS, OCE: AGRICULTURE, R/O. MENCHANI VILLAGE, TQ & DIST: BALLARI. …PETITIONERS (BY SRI. S.M.KALWAD, ADVOCATE) - 5 - HC-KAR NC: 2026:KHC-D:1255 WP No. 102749 of 2024 AND: 1. THE PRINCIPAL SECRETARY TO THE GOVERNMENT, THE DEPARTMENT OF COMMERCE AND INDUSTRY, (INDUSTRIAL DEVELOPMENT) M.S.BUILDING, BENGALURU -560001. 2. THE DEPUTY COMMISSIONER, BALLARI. 3. THE CHIEF EXECUTIVE OFFICER, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, KHANIZA BHAVANA, 4TH AND 5TH FLOOR, EAST WING NO.49, RACE COURSE ROAD, BENGALURU-01. 4. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, #CA(1-B), GROUND FLOOR, KARURU INDUSTRIAL AREA, P.B ROAD, DANVANGERE-577006. 5. THE SPECIAL DEPUTY COMMISSIONER KI ADB NO-49, 485 FLOOR, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560006. …RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, AGA FOR R1 AND R2; SRI. PAVAN DODDATTI, ADVOCATE FOR R3 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR WRIT IN THE NATURE OF WRIT OF MANDAMUS WITH DIRECTIONS TO THE RESPONDENT NO.1 TO 4 TO CONSIDER THE REPRESENTATION DATED 23.09.2023 SUBMITTED BY THE PETITIONERS TO DROP THE ACQUISITION PROCEEDINGS IN RESPECT OF THEIR LANDS (ANNEXURE-Y) AND THEREBY DIRECT THE RESPONDENT NO.1 TO WITHDRAW THE GAZETTE NOTIFICATION DATED 09.07.2020 MADE IN NO.CI 94 SPQ (E) 2019 ISSUED BY HIM IN RESPECT OF ACQUISITION OF LAND OF PETITIONERS ARE CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA - 6 - HC-KAR NC: 2026:KHC-D:1255 WP No. 102749 of 2024 ORAL ORDER The petitioners have approached this Court seeking a writ of mandamus directing the respondent Nos.1 to 4 to consider their representation dated 23.09.2023 and to drop the acquisition proceedings initiated in respect of their lands. Further seek consequential withdrawal of the acquisition notification issued under Section 28(1), 28(2) and 28(3) of the Karnataka Industrial Area Development Act, 1966, [for short ‘KIAD Act’] in respect of the petitioners. 2. Learned counsel for respondent Nos.3 and 4- Karnataka Industrial Area Development Board [for short ‘KIADB’] has filed a memo stating that the Special Land Acquisition Officer, KIADB-respondent No.4, has already initiated the process for withdrawal and dropping the acquisition proceedings in so far as the petitioners lands are concerned. It is further stated that a detailed proposal recommending the dropping of the acquisition proceedings - 7 - HC-KAR NC: 2026:KHC-D:1255 WP No. 102749 of 2024 has been forwarded to the head office, and Special Deputy Commissioner, KIADB-respondent No.5, and the same is presently pending consideration for administrative approval. Along with the memo, a copy of the official communication dated 02.02.2022 addressed by the Special Land Acquisition Officer, Davanagere, to Special Deputy Commissioner KIADB, has been annexed. The said memo is taken on record. 3. Learned counsel for the petitioners submits that, in view of the initiation of process by respondent No.4- Special Land Acquisition Officer, KIADB and the forwarding of proposal recommending dropping of the acquisition proceedings, a necessary direction is required to be issued to the Special Deputy Commissioner, KIADB-respondent No.5, to consider the said proposal and pass orders in accordance with law. 4. Having regard to the submission made and considering the fact that the grievance of the petitioners - 8 - HC-KAR NC: 2026:KHC-D:1255 WP No. 102749 of 2024 having substantially addressed by the action already taken by respondent No.4, this Court is of the opinion that the ends of justice would be met by issuing a direction to respondent No.5. 5. Accordingly, respondent No.5-Special Deputy Commissioner, KIADB, is directed to consider the proposal forwarded by the Special Land Acquisition Officer, KIADB- respondent No.4 recommending the dropping of the acquisition proceedings and to pass appropriate orders in accordance with law, as imperiously as possible, and in any event within a period of two [2] months from the date of receipt of the copy of this order. Sd/- JUSTICE K.S.HEMALEKHA PJ/ Ct:VH List No.: 1 Sl No.: 4