IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20^TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 105642 OF 2023 (LA-KIADB)

BETWEEN:

KANTHI RESORTS PVT. LTD., (A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956), CORPORATE OFFICE AT SHASHISHEKHAR, 163A/2A, WARD NO.10, OPP. LIONS SCHOOL, BAGALKOTE-587101, BY ITS DIRECTOR, GIRISH R. KANTHI.

…PETITIONER (BY SRI. HARSH DESAI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA VISHAL BY ITS SECRETARY TO THE COMMERCE NINGAPPA AND INDUSTRIES DEPARTMENT, PATTIHAL VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560001.

Digitally signed by VISHAL NINGAPPA PATTIHAL Location: HIGH COURT OF KARNATAKA DHARWAD 2. THE SPECIAL LAND ACQUISITION OFFICER, BENCH Date: 2026.03.06 11:46:06 KIADB DHARWAD, DHARWAD-580001.

+0530

3. THE EXECUTIVE MEMBER, KIADB DHARWAD, DHARWAD-580001.

4. THE DEPUTY COMMISSIONER BAGALKOT DISTRICT, NAVANAGAR, BAGALKOTE-587103.

5. KAMALABAI W/O. ANNARAO @ ANNAJI DESAI

77 YEARS, GADDANAKERI, BAGALAKOTE-587103.

6. SONABAI W/O. KISHOR KULKARNI

56 YEARS, GADDANAKERI, BAGALAKOTE-587103.

7. VENKATESH S/O. ANNARAO @ ANNAJI DESAI

53 YEARS, GADDANAKERI, BAGALAKOTE-587103.

8. SHAKUNTALA W/O. RAGHU DESAI

49 YEARS, GADDANAKERI, BAGALAKOTE-587103.

9. REKHA W/O. SHRINIVAS DANDIN

46 YEARS, GADDANAKERI, BAGALAKOTE-587103.

10. PRALHAD S/O. ANNARAO @ ANNAJI DESAI

44 YEARS, GADDANAKERI, BAGALAKOTE-587103.

…RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, AGA FOR R1 AND R2;

SRI. G.I.GACHCHINAMATH, ADVOCATE FOR R3 AND R4;

SRI. F.V.PATIL, ADVOCATE FOR SRI. NANDISH PATIL AND SRI. RAMACHANDRA V.BHAT, ADVOCATES FOR R5 TO R10)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA 1950, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ACQUISITION NOTIFICATIONS BEARING NO. VAAKRU.32.SPQ.2003 DATED 20-03-2003 (ANNEXURE- B) AND BEARING NO. VAAKRU.601.SPQ.2004 DATED 12-01-2005 (ANNEXURE-C) IN SO FAR AS THEY RELATE TO LAND MEASURING 1 ACRE 38 GUNTAS IN SY.NO.109/28 SITUATE AT GADDANAKERI VILLAGE IN BAGALKOTE TALUK AND DISTRICT BY RESPONDENT NO.2 AND CONSEQUENTLY ALSO QUASH THE AWARD BEARING NO.KRAKIADB/BHUSWA/BAA/889/09-10 DATED 26-09-2009 PASSED BY RESPONDENT-2 (ANNEXURE-E) AND THE JUDGMENT AND AWARD DATED 02-04-2019 PASSED BY THE COURT OF THE II ADDITIONAL SENIOR CIVIL JUDGE AT BAGALKOTE IN LAC NO.8 OF 2018 (ANNEXURE-G); AND ETC.

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

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

ORAL ORDER

The petitioner-company, Kanthi Resorts Pvt. Ltd. has approached this Court seeking;

i) quashing of the acquisition notification dated

20.03.2003 and 12.01.2005 insofar as they relate to Sy.No.109/28 measuring 1 acre 38 guntas in Gaddanakeri village, Bagalkot taluk and district, ii) quashing of the award dated 26.09.2009 and the judgment and award dated 02.04.2019 passed in L.A.C.No.8/2018 and iii) quashing of consequential demand notices issued by Karnataka Industrial Areas Development Board (KIADB) calling upon the petitioner to deposit amounts towards enhanced compensation and allied charges together with consequential relief.

Brief facts:

2. The petitioner-company had approached Karnataka Udyog Mitra (KUM) with a proposal for establishment of a tourism resort project. The KUM approved the proposal and recommended acquisition of lands through KIADB for implementation of the project. Pursuant thereto, the State issued preliminary and final acquisition notifications dated 20.03.2003 and 12.01.2005. The possession of the acquired lands were handed over through KIADB and the petitioner has set up a Resort Project and has been in enjoyment of the acquired lands since then.

3. An award came to be passed on 26.09.2009.

Thereafter, at the instance of private respondents (legal representatives/respondent Nos.5 to 10), reference proceedings were pursued, culminating in reference Court's judgment and award dated 02.04.2019 in L.A.C.No.8/2018, enhancing compensation.

4. Aggrieved by the enhanced compensation, KIADB filed M.F.A.