Karnataka High Court

Sri. Balaiah vs The State Of Karnataka on 30 September, 2025

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                                                       NC: 2025:KHC:39321
                                                   WP No. 30069 of 2025


              HC-KAR




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 30TH DAY OF SEPTEMBER, 2025

                                        BEFORE
                       THE HON'BLE MR. JUSTICE C.M. POONACHA
                   WRIT PETITION NO. 30069 OF 2025 (LA-KIADB)
             BETWEEN:

             SRI. BALAIAH
             S/O LATE RANGAPPA
             AGED ABOUT 45 YEARS
             R/O GOWDANAHALLI VILLAGE
             BELLAVI HOBLI 572128
             TUMKURU TQ AND DIST
                                                             ...PETITIONER
             (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
Digitally          BENGALURU 560 001
signed by
NIRMALA
DEVI         2.    THE SPECIAL LAND ACQUISITION OFFICER
Location:          KIADB 1ST FLOOR, MARUTHI TOWER
HIGH COURT         NEAR SIRA GATE, B H ROAD
OF                 TUMAKURU 572201
KARNATAKA
                                                           ...RESPONDENTS
             (BY SMT. SHWETHA KRISHNAPPA, AGA FOR R1
                 SRI. CHANNEGOWDA, ADVOCATE FOR R2)

                  THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
             CONSTITUTION 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-D, IN SO FAR IT RELATES TO THE LANDS BEARING
             SY.NO. 14/2 MEASURING 3 ACRES 21 GUNTAS INCLUDING KARAB
             LAND OF 0-04 GUTNAS SITUATED AT GOWDANAHALLI VILLAGE,
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                                              NC: 2025:KHC:39321
                                          WP No. 30069 of 2025


HC-KAR



BELLAVI HOBLI, TUMAKURU TALUK AND DISTRICT, BY ISSUE OF
WRIT OF CERTIORARI AND ETC.

     THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:

CORAM:    HON'BLE MR. JUSTICE C.M. POONACHA

                         ORAL ORDER

The present petition is filed for the following reliefs:

i) 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-D, insofar as it relates to the lands bearing Sy.No.14/2measuring 3 acres 21 guntas including karab land of 0-04 guntas situated at Gowdanahalli village, Bellavi Hobli, Tumakuru Taluk and District, by issue of writ of certiorari;

ii) issue writ of mandamus, directing the second respondent 6to withdraw the amount in deposit on the file of Principal Civil judge, Tumakuru District, Tumakuru, in No.SLQAP/KIADB/TU/Comp No.14636/2019-20/112 vide Annexure-F2 the cheque dated 29/09/2023 drawn on Union Bank by the Special LAO, KIADB in the name of Principal Senior Civil Judge, Tumkur, Annexure-F3 and disburse the same to the petitioner and other claimants as per O.S.No.696/2022 on the file of Prl.

Civil Judge, Tumkur.

iii) issue direction to the second respondent to pass consent award in favour of the petitioner and other claimants as per the consent award, fixed by the second respondent vide Annexure-E insofar as it relates to the land bearing Sy.No.14/1 measuring 3 acres 21 guntas including karab land of 0-04 guntas, situated at Gowdanahalli village, Bellavi Hobli, Tumakuru Taluk & District.

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iv) issue any appropriate writ, order or direction as deemed fit in the circumstances of the case.

2. The learned counsel for the petitioner submits that

under similar circumstances, this Court vide order dated

17.06.2025 has considered the issue and answered the same in

favour of the petitioner.

3. The aforementioned submission is not disputed by

the learned counsel for the respondents.

4. This Court in WP No.16571/2025 disposed of on

17.06.2025 has held as follows:

"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 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

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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, 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

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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 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

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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.

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.