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2025 Supreme(Online)(Kar) 439801

THE HIGH COURT OF KARNATAKA
K S HEMALEKHA
CHIKKATHAYAMMA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 12911/2025



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

WRIT PETITION NO.12911 OF 2025 (LA-KIADB)

BETWEEN:

1. CHIKKATHAYAMMA

D/O LATE CHIKKABEEREGOWDA,

AGED ABOUT 66 YEARS,

R/AT # C.H.56, RAMA MANDIRA ROAD,

TONACHI KOPPAL, MYSORE,

KARNATAKA – 570 009.

2. HUCCHAIAH,

S/O LATE CHIKKABEEREGOWDA,

AGED ABOUT 59 YEARS,

R/AT KEMPISIDDANAHUNDI POST,

CHIKKAYYANA CHATHRA HOBLI,

NANJANGUD TALUK, MYSORE,

KARNATAKA – 571 302.

3. GOVINDA,

S/O LATE CHIKKABEEREGOWDA,

AGED ABOUT 57 YEARS,

Digitally signed by R/AT KEMPISIDDANAHUNDI POST,

MAHALAKSHMI B M CHIKKAYYANA CHATHRA HOBLI,

Location: HIGH NANJANGUD TALUK, MYSORE,

COURT OF

KARNATAKA KARNATAKA – 571 302.

4. MARAMMA,

D/O LATE CHIKKABEEREGOWDA,

AGED ABOUT 53 YEARS,

R/AT MAKANAHUNDI, VARUNA HOBLI,

HADAJANA POST, MYSORE,

KARNATAKA – 570 011.

5. KARIYAPPA,

S/O LATE CHIKKABEEREGOWDA,

AGED ABOUT 51 YEARS,

R/AT KEMPISIDDANAHUNDI POST, CHILIKKAYYANA CHATHRA HOBLI,

NANJANGUD TALUK, MYSORE, KARNATAKA – 571 302.

6. PARVATHAMMA, W/O LATE BEERALAH, AGED ABOUT 67 YEARS, R/AT KEMPISIDDANAHUNDI POST, CHIKKAYYANA CHATHRA HOBLI, NANJANGUD TALUK, MYSORE, KARNATAKA – 571 302.

7. SHIVAMALLU K. B, S/O LATE BEERAIAH, AGED ABOUT 49 YEARS, R/AT KEMPISIDDANAHUNDI POST, CHIKKAYYANA CHATHRA HOBLI, NANJANGUD TALUK, MYSORE, KARNATAKA – 571 302.

8. RAMESHA, S/O LATE BEERAIAH, AGED ABOUT 45 YEARS, R/AT KEMPISIDDANAHUNDI POST, CHIKKAYYANA CHATHRA HOBLI, NANJANGUD TALUK, MYSORE, KARNATAKA – 571 302.

9. GOVINDA, S/O LATE BEERAIAH, AGED ABOUT 41 YEARS, R/AT KEMPISIDDANAHUNDI POST, CHIKKAYYANA CHATHRA HOBLI, NANJANGUD TALUK, MYSORE, KARNATAKA – 571 302.

…PETITIONERS (BY SRI ABHISHEK M, ADVOCATE FOR SRI ARUN GOVINDRAJ, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, DEPARTMENT OF INDUSTRIES & COMMERCE, VIKASA SOUDHA, BENGALURU, KARNATAKA – 560 001.

REPRESENTED BY ITS PRINCIPAL SECRETARY.

2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, HEADQUARTERS AT #49, 4TH AND 5TH FLOORS, KHANIJA BHAVAN, EAST WING, RACE COURSE ROAD, BENGALURU, KARNATAKA – 560 001.

REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER.

3. SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD - ZONAL OFFICE, METAGALLY INDUSTRIAL AREA, K.R.S. ROAD, MYSORE, KARNATAKA – 570 016.

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

SRI ADARSH M. LIMBIKAI, ADVOCATE FOR R-2 & R-3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT, DIRECTION OR ORDER DIRECTING THE RESPONDENTS TO PASS AN AWARD AND FIX THE COMPENSATION FOR THE LAND ACQUIRED i.e., THE SCHEDULE PROPERTY, IN SO FAR AS THE PETITIONERS ARE CONCERNED, AT MARKET VALUE IN FAVOUR OF THE THIRD PETITIONER, TAKING INTO CONSIDERATION THE REPRESENTATION MADE TO THE THIRD RESPONDENT ANNEXURE-K 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

The petitioners have approached this Court seeking a writ of mandamus directing the respondents to pass an award and fix compensation in respect of the acquired schedule property.

2. Heard learned counsel for the petitioners, learned AGA for respondent No.1 and learned counsel for respondents 2 and 3.

3. The petitioners claim title and possession over the schedule property under a registered sale deed dated 22.04.1957. The said land came to be acquired by issuance of a final notification on 22.11.2007. It is not in dispute that possession of the land was taken, but even after a lapse of nearly 18 years from the date of final notification, no award was passed and no compensation was paid to the land losers.

4. During the pendency of the writ petition, the Karnataka Industrial Areas Development Board (‘KIADB’ for short) has determined compensation of Rs.27,30,000/- and deposited the said amount before this Court by way of a Demand Draft dated 12.11.2025.

5. Learned counsel for the respondents submits that delay in passing the award was on account o

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