Karnataka High Court
Smt Munirathnamma vs The State Of Karnataka on 10 July, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2025:KHC:25147
WP No. 19371 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 19371 OF 2025 (LA-RES)
BETWEEN:
SMT. MUNIRATHNAMMA,
W/O LATE MUTHYALAPPA,
AGED ABOUT 75 YEARS,
R/AT. BYRADENAHALLI VILLAGE,
KUNDANA HOBLI,
DEVANAHALLI TALUK,
BENGALURU - 562 110.
...PETITIONER
(BY SRI SHARAN N.MAJAGE., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
Digitally BY ITS SECRETARY,
signed by DEPARTMENT OF COMMERCE AND
NAGAVENI
Location: High INDUSTRIES,
Court of VIDHANA SOUDHA,
Karnataka
BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL
AREAS DEVELOPMENT BOARD,
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER AND
EXECUTIVE MEMBER,
KHANIJA BHAVANA,
RACE COURSE ROAD,
BENGALURU - 560 001.
-2-
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WP No. 19371 of 2025
HC-KAR
3. THE SPECIAL LAND
ACQUISITION OFFICER-2,
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD,
NO.14/3, 1ST FLOOR, CFC BUILDING,
MAHARSHI ARAVINDA BHAVAN,
NRUPATUNGA ROAD,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI SESHU V., HCGP FOR R1;
SRI H.L.PRADEEP KUMAR, ADVOCATE FOR R2 AND R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE GENERAL AWARD BEARING NO. KIADB / LAQ / 519
/ 2024-25 DATED 11.07.2024 PASSED BY THE RESPONDENT
NO. 3 IN RESPECT OF LAND IN SY.NO.13/2 MEASURING 1
ACRE 02 GUNTAS, SITUATED AT BYRADENAHALLI VILLAGE,
KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL
DISTRICT, IN SO FAR AS THE PETITIONER IS CONCERNED,
WHICH IS PRODUCED AS ANNEXURE-C AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is at the doors of this Court calling in
question seeking quashment of the General Award dated
11.07.2024, passed by the respondent No.3 in respect of land
in Sy.No.13/2 measuring 1 acre 02 guntas, situated at
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Byradenahalli Village, Kundana Hobli, Devanahalli Taluk,
Bangalore Rural District qua the petitioner.
2. Heard Sri. Sharan N Majage, learned counsel
appearing for the petitioner and Sri. Seshu V., HCGP appearing
for respondent No.1, Sri.H.L.Pradeep Kumar, learned counsel
appearing for respondent Nos.2 and 3, and have perused the
material on record.
3. Learned counsel appearing to the petitioner submits
that the issue in the lis at hand is identical to the issue that is
considered by a Coordinate Bench in W.P.No.36514/2024
(LA-KIADB), disposed on 05.02.2025. Therefore, he seeks the
same relief as is granted in the aforesaid writ petition.
4. Learned counsel for the respondents also admits that
the issue in the lis is identical to the issue considered in
W.P.No.36514/2024.
5. The Coordinate Bench of this Court in
W.P.No.36514/2024 (LA-KIADB), disposed on 05.02.2025, has
held as follows:
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"The petitioner claiming to be the absolute owner
of land bearing Sy.No.60 (JMC Block No.22) measuring 1
acre situated at Bairadenahalli village, Kundanan Hobli,
Devanahalli Taluka, Bengaluru District, which has been
acquired by the respondent-KIADB in terms of the
provisions of Section 28 of KIADB act is before this Court
seeking following relief:
"1) Issue writ of certiorari quashing the General
Award bearing No. KIADB/LAQ/626/2023-24
dated: 24.05.2023 passed by the Respondent
No. 3 in respect of land in Sy.No. 60 (JMC Block
No.22) measuring 1 Acre of land situated at
Bairadenahalli Village, Kundana Hobli,
Devanahalli Taluk, Bangalore Rural District, in so
far as the Petitioner is concerned, which is
produced as ANNEXURE-E.
ii) Issue any suitable order, direction or writ in
the nature of mandamus directing the
respondent herein to consider the case of the
petitioner for grant of developed land as per as
per in the industrial layout formed by acquiring
the land of the petitioner. on the lines of the G.O
dated 13.05 2008 bearing No. CI 495 SPQ 2008
marked, as ANNEXURE-F, the G.O dated
13.08.2007 bearing No. CI 417 SPQ 2007
marked as ANNEXURE-G and the latest GO dated
23.02.2021 bearing No. 103 SPQ (E) 2019
marked as ANNEXURE-H.
iii) Pass such other order, writ or direction as the
Hon'ble Court deems fit in the facts and
circumstances of the case including costs."
2. Learned counsel for the petitioner submits
that the general award has been passed. However, in
view of the government order dated 13.05.2008
produced at Annexures-F, G & H, the petitioner is also
entitled for developed land in the industrial layout
formed by the respondent-KIADB. Hence, seeks for
quashing of the general award and for a direction to
respondent-KIADB to consider his
requisition/representation for allotment of developed
land in lieu of the monetary compensation as per the
government order dated 13.05.2008.
3. Learned counsel for the respondent-KIADB
on the other hand does not dispute that in terms of the
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government order dated 23.02.2021, which is the
current government order, governing the field, petitioner
would be entitled for developed land in the industrial
layout formed by the KIADB in view of monetary
compensation. He submits if a representation in this
regard is made by the petitioner, the same will be
considered in accordance with law.
4. Submission is taken on record. Accordingly,
the following:
ORDER
i) The writ petition is allowed.
ii) The general award bearing
No.KIADB/LAQ/626/2023-24 dated
24.05.2023 passed respondent No.3 in
respect of land bearing Sy.No.60 (JMC Block
No.22) measuring 1 acre situated at
Bairadenahalli village, Kundana Hobli,
Devanahalli Taluka, Bengaluru District, is
hereby quashed.
iii) The petition shall make a fresh
representation within 30 days from the date
of receipt of certified copy this order,
thereupon the respondent-KIADB to consider
the same in terms of the government order
referred to in the writ petition at annexure-H.
iv) Such exercise shall be done with an outer
limit of eight weeks from the date of
submission of representation by the
petitioner.
v) The respondent-KIADB is at liberty to
withdraw the amount in deposit, if any."
In the light of the afore-quoted judgment and the
identical facts, the petitioner is also entitled for the similar
relief.
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6. For the aforesaid reasons, the following:
ORDER
i) The Writ Petition is allowed.
ii) Impugned General Award dated 11.07.2024, passed
by the respondent No.3, stands quashed qua the
petitioner.
iii) The petitioner shall make a fresh representation
within 30 days from the date of receipt of certified
copy of this order, thereupon the respondent-KIADB
to consider the same in terms of the Government
Orders dated 13.08.2007, 13.05.2008 and
23.02.2021 referred to in the writ petition
respectively at Annexures-E, F and G.
iv) Such exercise shall be done with an outer limit of
eight weeks from the date of submission of
representation by the petitioner.
v) The respondent-KIADB is at liberty to withdraw the
amount in deposit, if any.
Sd/-
(M.NAGAPRASANNA)
JUDGE
CBC
