Karnataka High Court
Smt C Kavitha vs The State Of Karnataka on 2 September, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC:34248
WP No. 26129 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 26129 OF 2025 (LA-KIADB)
BETWEEN:
SMT. C. KAVITHA
W/O. RAMACHANDRAPPA,
AGED ABOUT 50 YEARS,
R/AT. BEERASANDRA VILLAGE,
KUNDANA HOBLI,
DEVANAHALLI TALUK,
BANGALORE - 562 110
...PETITIONER
(BY SRI. SHARAN N. MAJAGE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally signed BY ITS SECRETARY,
by NAGAVENI DEPARTMENT OF COMMERCE
Location: HIGH AND INDUSTRIES,
COURT OF
KARNATAKA VIDHANA SOUDHA,
BANGALORE - 560 001.
2. KARNATAKA INDUSTRIAL
AREAS DEVELOPMENT BOARD
REP. BY ITS CHIEF EXECUTIVE OFFICER AND
EXECUTIVE MEMBER,
KHANIJA BHAVANA,
RACE COURSE ROAD,
BENGALURU - 560 001.
-2-
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3. THE SPECIAL LAND
ACQUISITION OFFICER-2
KARNATAKA INDUSTRIAL
AREAS DEVELOPMENT BOARD,
NO.14/3, 1ST FLOOR,
CFC BUILDING,
MAHARSHI ARAVINDA BHAVAN,
NRUPATUNGA ROAD,
BANGALORE - 560 001.
...RESPONDENTS
(BY SRI. SPOORTHY HEGDE N., LEARNED HCGP FOR R1
SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR R2 AND R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE
GENERAL AWARD BEARING NO. KIADB/LAQ/4124/2023-24
DATED 16.11.2023 PASSED BY THE R-3 INRESPECT OF THE
LAND IN SY NO 80/4 MEASURING 15 1/2 GUTNAS OF LAND
SITUATED AT DODDAGOLLAHALLI VILLAGE KUNDANA HOBLI
DEVANAHALLI TALUK BANGALORE RURAL DISTRICT IN SO FAR
AS THE PETITIONER IS CONCERNED WHICH IS PRODUCED AS
ANNX-C AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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WP No. 26129 of 2025
HC-KAR
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard the learned counsel Sri. Sharan N. Majage,
appearing for the petitioner, Sri. Spoorthy Hegde N., the
learned 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.
2. The petitioner is before this Court, seeking the
following prayer:
"i) Issue writ of certiorari quashing the General Award
bearing No. KIADB/LAQ/4124/2023-24 dated:
16.11.2023 passed by the Respondent No. 3 in
respect of land in Sy. No.80/4 measuring 15%
Guntas of land situated at Doddagollahalli Village,
Kundana Hobli, Devanahalli Taluk, Bangalore Rural
District, in so far as the Petitioner is concerned,
which is produced as ANNEXURE-C.
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 GO dated
13.08.2007 bearing No. CI 417 SPQ 2007 marked
as ANNEXEURE-D, the GO dated 13.05.2008
bearing No. CI 495 SPQ 2008 marked as
ANNEXURE-E and the latest GO dated 23.02.2021
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bearing No. 103 SPQ (E) 2019 marked as
ANNEXURE-F.
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."
3. Learned counsel appearing for the petitioner would
submit that the issue in the lis stands covered by the judgment
rendered by this Court in W.P.No.19371/2025 disposed on
10.07.2025, wherein it has held as follows:
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 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.
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5. The Coordinate Bench of this Court in
W.P.No.36514/2024 (LA-KIADB), disposed on
05.02.2025, has held as follows:
"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
government order dated 23.02.2021, which is the
current government order, governing the field, petitioner
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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.
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.
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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."
4. In the light of the order passed by this Court
(supra) and for the reasons aforementioned, the following:
ORDER
(i) The Writ Petition is allowed.
(ii) Impugned General Award dated 16.11.2023, passed
by 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
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Orders dated 13.08.2007, 13.05.2008 and
23.02.2021 referred to in the writ petition
respectively at Annexures-D, E and F.
(iv) Such exercise shall be done with an outer limit of
eight (8) 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
SJK
CT-SG
