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2025 Supreme(Online)(Kar) 40092

THE HIGH COURT OF KARNATAKA
K S HEMALEKHA
SHRI. RAMAIAH – Appellant
Versus
STATE OF KARNATAKA – Respondent
WP 24825/2025



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.24825 OF 2025 (LA-KIADB)

BETWEEN:

SHRI. RAMAIAH, S/O. HANUMANTHARAYAPPA, AGED ABOUT 75 YEARS, R/AT: DODDA JALA VILLAGE, BENGALURU-562 157, BENGALURU NORTH TALUK, …PETITIONER (BY SRI. PRAKASH TIMMANNA HEBBAR, ADVOCATE)

AND:

1. STATE OF KARNATAKA MINISTRY OF INDUSTRY & COMMERCE, M.S. BUILDING, Digitally signed by DR. B. R. AMBEDKAR VEEDHI, MAHALAKSHMI B M Location: H IGH BENGALURU-560 001, COURT OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY.

2. THE SPECIAL LAND ACQUISITION OFFICER - II (BMICP), KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.14/3, ARAVINDA BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD, BENGALURU-560 001.

3. M/S METRO NIRVAN, THRIVENI - C1, 2ND FLOOR, S.V ROAD, SANTA CRUZ, MUMBAI-400054, REP. BY ITS PROPRIETOR SHRI KULDEEP KALLO, S/O SHRI P.N KALLO, REP. BY HIS G.P.A HOLDER, SHRI CHIRANJEEVI RAKESH.

4. SHRI ACHYUTH KUMAR SHARMA, S/O. BHARATH PRASAD SINGH, AGED ABOUT 78 YEARS, R/AT: #113/3, 2ND MAIN ROAD, 11TH CROSS, KAVERIPURA, BASAVESHWARANAGAR, BENGALURU-560079.

5. SMT ANJINAMMA W/O B. P. NARASIMHAIAH, AGED MAJOR, R/AT BEVINAHALLI VILLAGE, THONDEBHAVI HOBLI, GOWRIBIDANUR TALUK-561211.

6. SHRI. R. HANUMANTHE GOWDA, S/O RAMAIAH, AGED ABOUT 41 YEARS, 7. SHRI. R. ARUN KUMAR, S/O RAMAIAH, AGED ABOUT 45 YEARS, RESPONDENTS 6 & 7 ARE R/AT: NO.35 DODDAJALA VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK, BANGALORE - 562157.

8. SHRI. BYRAPPA S/O. JAGAPPA, AGED ABOUT 60 YEARS, R/AT: KODIHALLI VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK - 562123.

9. SMT. RATHNAMMA HUSBAND'S NAME NOT KNOWN TO THE PETITIONER AGED ABOUT 56 YEARS, R/AT: KODIHALLI VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK - 562123.

10. SHRI. VISHWAS GOWDA, S/O. LATE HANUMANTHE GOWDA N, AGED ABOUT 38 YEARS, R/AT: KODIHALLI VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK - 562123.

…RESPONDENTS (BY SRI. HARISHA.A.S., AGA FOR R1;

SRI. H.L.PRADEEP KUMAR, ADV. FOR R2;

SRI. S. KALYAN S. BASAVARAJ, ADV. FOR R3;

NOTICE NOT ORDERED IN R/O R4 TO R10)

THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION TO QUASH THE IMPUGNED ORDER NO. KIADB/LAQ/1379/2025-26 AS PER ANNX-A, DATED 22.07.2025 ISSUED BY THE 2ND RESPONDENT LAND ACQUISITION OFFICER DIRECTING DISBURSEMENT OF THE ENTIRE COMPENSATION AMOUNT TO THE 3RD RESPONDENT AND ETC.

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

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

ORAL ORDER

The petitioner in this writ petition is seeking for the following reliefs:

(a) ISSUE a writ of certiorari or any other writ, order or direction to quash the impugned order No. KIADB/LAQ/1379/2025-26 as per Annexure-A dated 22.07.2025 issued by the 2nd respondent Land Acquisition Officer directing disbursement of the entire compensation amount to the 3rd respondent;

(b) TO ISSUE a Writ of Mandamus and direct the

2nd Respondent Special Land Acquisition Officer to refer the dispute to the jurisdictional Civil Court (LAC Court) and further to direct the 2nd Respondent - Land Acquisition Officer to deposit the compensation amount in the competent Civil Court (LAC Court) till disposal of the dispute by the competent Reference Court;

(c) TO GRANT such other relief or reliefs as this Hon'ble court may deem fit in the circumstances of the case including the cost of this petition.

2. The petitioner challenges the order dated

22.07.2025 passed by the Special Land Acquisition Officer-2, Karnataka Industrial Areas Development Board (KIADB), whereby the compensation pertaining to several lands in Konnaghatta Village, Kasaba Hobli, Doddaballapura Taluk, Bangalore Rural District, was directed to be disbursed in favour of respondent No.3 (M/s. Metro Nirvan).

3. The petitioner claims that under an agreement of sale dated 02.12.1998, executed by respondent No.4 (Achyuth Kumar Sharma) in respect of the subject lands, substantial consideration was

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