Karnataka High Court
Sri Prakash vs The State Of Karnataka on 17 June, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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WP No. 16571 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 16571 OF 2025 (LA-KIADB)
BETWEEN:
1. SRI PRAKASH
S/O LATE BASAVARAJAIAH @ BASAVARAJU
AGED ABOUT 45 YEARS
2. SRI RUDRAPPA
S/O LATE BASAVARAJAIAH @ BASAVARAJU
AGED ABOUT 43 YEARS
3. SRI MURALIDHARA
S/O LATE BASAVARAJAIAH @ BASAVARAJU
AGED ABOUT 40 YEARS
RESIDING AT SOREKUNTE VILLAGE
BELLAVI HOBLI, B.G.PALYA
Digitally signed TUMAKURU - 572 128.
by NAGAVENI
Location: High ...PETITIONERS
Court of
Karnataka (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.
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WP No. 16571 of 2025
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2. THE SPECIAL LAND ACQUISITION OFFICER
KIADB, 1ST FLOOR, MARUTHI TOWER
NEAR SIRA GARTE, B.H.ROAD
TUMAKURU - 572 201.
...RESPONDENTS
(BY SRI SPOORTHY HEGDE N., HCGP FOR R1;
SRI P.V.CHANDRASHEKAR, ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUION 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-G, IN SO FAR IT
RELATES TO THE LANDS BEARING SY.NO.82 MEASURING
3.13.08 OUT OF AN EXTENT OF 7 ACRES 14 GUNTAS,
SY.NO.87, MEASURING 2.7.08 OUT OF 4 ACRES 05 GUNTAS
SITUATED AT SOREKUNTE VILLAGE, BELLAVI HOBLI,
TUMAKURU TALUK, SY.NO.12, MEASURING 1 ACRE OUT OF 5
ACRES 14 GUNTAS, SY.NO.45 MEASURING 2 ACRES 14
GUNTAS, SITUATED AT PURADAKUNTE VILLAGE, BELLAVI
HOBLI, TUMAKURU TALUK IN ALL THE FOUR SURVEY
NUMBERS, BY ISSUE OF WRIT OF CERTIORARI
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners are at the doors of this Court seeking the
following prayer:
"i) quash the General Award dated 26/07/2019 passed
in Case No. LAQ/KIADB/TU/2019-20 by the Special
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Land Acquisition Officer, KIADB, Tumkur vide
Annexure-G, in so far it relates to the land bearing
Sy.No.82 measuring 3.13.08 out of an extent of 7
Acres 14 guntas, Sy.No.87, measuring 2.7.08 out of
4 Acres 05 guntas situated at Sorekunte village,
Bellavi Hobli, Tumakuru Taluk, Sy.No.12, measuring
1 Acre out of 5 Acres 14 guntas, Sy.No.45 mearuing
2 Acres 14 guntas, situated at Puradakunte village,
Bellavi Hobli, Tumakuru Taluk in all the four survey
numbers, by issue of writ of certiorari.
ii) issue writ of mandamus, directing the second
respondent to withdraw the amount in deposit on the
file of Principal Civil Judge, Tumakuru District,
Tumakuru, in No.SLAO/KIADB/TU/Comp
No.14636/2019-20/112 vide Annexure-K1, the
cheque dated 02/06/2020 drawn on Corporation
Bank by the Special LAO, KIADB in the name of
Principal Senior Civil Judge, Tumkur, Annexure-K2,
the letter dated 02/06/2020 bearing No.
SLAO/KIADB/TU/Comp/14226/2019-20 vide
Annexure-L1, the cheque dated 02/06/2020 drawn
on Corporation Bank, by the Special LAO, KIADB in
the name of Principal Senior Civil Judge, Tumkur,
Annexure-L2, the letter dated 20/06/2020 bearing
No.SLAO/KIADB/TU/Comp /14299/2020-21/192, vide
Annexure-M1, the cheque dated 20/06/2020 drawn
on Corporation Bank by the Special LAO, KIADB in
the name of Principal Senior Civil Judge, Tumkur,
Annexure-M2, the letter dated 23/06/2020 bearing
No.SLAO/KIADB/TU/Comp/24251/2020-21/295, vide
Annexure-N1, the cheque dated 23/06/2020 drawn
on Corporation Bank by the Special LAO, KIADB in
the name of Principal Senior Civil Judge, Tumkur,
Annexure - N2, and disburse the same to the
petitioners.
iii) issue direction to the second respondent to pass
consent award in favour of of the petitioners as per
the consent award, fixed by the second respondent
vide Annexures-H & J respectively, in so far it relates
to the lands bearing Sy.No.82 measuring 3.13.08 out
of an extent of 7 Acres 14 guntas, Sy.No.87,
measuring 2.7.08 out of 4 Acres 05 guntas situated
at Sorekunte village, Bellavi Hobli, Tumakuru Taluk,
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sy.No.12, measuring 1 Acre out of 5 Acres 14 guntas,
Sy.No.45 measuring 2 Acres 14 guntas, situated at
Puradakunte village, Bellavi Hobli, Tumakuru Taluk in
all the four survey numbers.
iv) issue any appropriate writ, order or direction as
deemed fit in the circumstances of the case."
2. Heard Sri M.B.Chandra Chooda, learned counsel for
petitioners, Sri Spoorthy Hegde N., learned High Court
Government Pleader for respondent No.1 and
Sri P.V.Chandrashekar, learned counsel for respondent No.2.
3. Learned counsel appearing to the petitioners submits
in plethora of identical matters, this Court has considered the
issue and answered in favour of the petitioners. One such
order passed by the coordinate bench of this Court in
W.P.No.33825/2024, disposed on 13.12.2024, has allowed the
petition and directed the respondents to consider the case of
the petitioners therein and pass necessary order in accordance
with law.
4. Learned High Court Government Pleader would not
dispute the position of law; the identical circumstance and
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afore-quoted judgment rendered by the coordinate bench of
this Court.
5. This Court in W.P.No.33825/2024, disposed on
13.12.2024, has held as follows:
"2. In this writ petition, the grievance of the petitioners
is that the lands belonging to the petitioners has been
acquired by the respondent-authorities for the purpose of
formation of Industrial Layout and the General Award
Annexure-C dated 26.07.2019 is passed by the
respondent-authorities. It is stated in the writ petition
that insofar as the petitioners lands in question are
concerned, petitioners are willing for consent award that
may be passed by the respondent-authorities.
3. In that view of the matter, this Court in several writ
petitions has considered similar cases and therefore, I
pass the following order :-
a. Writ petition is allowed;
b. Certiorari is issued, the General Award bearing
No.LAQ/KIADB/TU/2019-20 dated 26.07.2019 passed
by 2nd respondent at Annexure - C insofar as the
property of the petitioners are concerned is hereby
quashed;
c. Respondent No.2 is directed to consider the case of
the petitioners in terms of Section 29(2) of the KIAD
Act upon the petitioners satisfying all the
requirements thereof;
d. In the event of there being any claims adverse as
regards the petitioner in respect of the said lands prior
to the disbursal of the amount, the General Award will
come back automatically into force.
e. Respondent No.2 is permitted to withdraw the
amount in deposit and disburse to the petitioner.
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Therefore, the issues as answered by the co-ordinate
bench of this Court supra and in the light of the issues standing
covered on all its fours, the writ petition stands disposed on the
very same findings and the observations.
Ordered accordingly.
Sd/-
(M.NAGAPRASANNA)
JUDGE
NVJ
CT:SS
