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2025 Supreme(Online)(Kar) 39333

THE HIGH COURT OF KARNATAKA
K S HEMALEKHA
SMT KEMPAMMA R – Appellant
Versus
STATE OF KARNATAKA – Respondent
WP 27646/2025



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.27646 OF 2025 (LA-KIADB)

BETWEEN:

1. SMT KEMPAMMA .R W/O RANGASWAMY, AGED ABOUT 65 YEARS, R/AT NO.203, MYSORE LAMP LAYOUT, CHANNANAYAKANAPALYA, DODDABIDARAKALLU, BANGALORE-560 073.

2. SMT. SUNANDAMMA W/O HANUMANTHARAYAPPA, AGED ABOUT 55 YEARS, R/AT NO.123, NEAR ANJANEYA TEMPLE, THIPPENAHALLI, NAGASANDRA POST, BANGALORE-560 073. 3. SMT. GANGAMMA W/O LATE G. NARAYANAPPA, Digitally signed by MAHALAKSHMI B M AGED ABOUT 50 YEARS, Location: HIGH R/AT NO.87, SHIVAMMA BUILDING, COURT OF CHANNANAYAKANAPALYA, KARNATAKA NAGASANDRA POST, BANGALORE-560 073.

4. LAKSHMI W/O H.N. RAJAGOPALA, AGED ABOUT 53 YEARS, R/AT DASARAHALLI, BANGALORE-560 073.

…PETITIONERS (BY SRI VIRUPAKSHAIAH P.H., ADVOCATE)

AND:

1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BENGALURU-560 001.

2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD A GOVERNMENT OF KARNATAKA UNDERTAKING, NO.14/3, 2ND FLOOR, RP BUILDING, NRUPATHUNGA ROAD, BENGALURU-560 001.

REPRESENTED BY ITS JOINT DIRECTOR AND CHIEF EXECUTIVE OFFICER.

3. THE SPECIAL LAND ACQUISITION OFFICER-1 (BMICP) AND BENGALURU RURAL, NELAMANGALA TALUK, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.14/3, 2ND FLOOR, RP BUILDING, NRUPATHUNGA ROAD, BENGALURU-560 001.

…RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1;

SRI DILDHAR SIRALLI, ADVOCATE FOR R-2 & R-3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI OR ORDER OR DIRECTION IN THE SIMILAR NATURE QUASHING THE IMPUGNED GENERAL AWARD DATED 12.06.2023 VIDE ANNEXURE-D BEARING NO. KIADB/LAQ/2480/2023-24 PASSED BY THE 3RD RESPONDENT AUTHORITY IN SO FAR AS IT RELATES TO THE LAND OWNED BY THE PETITIONERS BEARING SY. NO.9/2B MEASURING TO AN EXTENT OF 02 ACRES 19 GUNTAS SITUATED AT GEDDALAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT AND ETC.

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

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL ORDER

Learned Additional Government Advocate accepts notice for respondent No.1.

2. Sri Dildhar Siralli, learned counsel is directed to take notice for respondent Nos.2 and 3.

3. Petitioners are before this Court seeking for the following reliefs:

“a) Issue Writ in the nature of Certiorari or Order or Direction in the similar nature quashing the impugned General Award dated 12.06.2023 vide Annexure-D bearing No. KIADB/LAQ/2480/2023-24 passed by the 3rd respondent authority in so far as it relates to the land owned by the petitioners bearing Sy. No. 9/2B measuring to an extent of 02 acres 19 guntas situated at Geddalahalli Village, Sompura Hobli, Nelamangala Taluk, Bangalore Rural District;

b) Issue Writ in the nature of Mandamus or Order or Direction in the similar nature directing the respondent authorities to consider the case of the petitioner for award of compensation by way of an agreement under Section 29(2) of the KIAD Act in respect of the land in question;

c) Grant any such other relief or relief's as this Hon'ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice and equity."

4. Learned counsel on both sides submit that the issue involved in this writ petition is squarely covered by several decisions of this Court.

5. Learned counsel for the petitioners submits that the petitioners are the absolute owners of the land bearing Sy.No.9/2B measuring 2 acres 19 guntas, situated at Geddalahalli Village, Sompura Hobli, Nelamangalal Taluk, Bengaluru Rural District. The said land has been acquired by the respondent-State for the benefit of respondent No.2. It is further submitted that the Karnataka Industrial Areas Development Board (KIADB) has passed a general award and being aggrieved, the petitioners have approached this Court.

6. Learned counsel for the pet

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