Karnataka High Court
Sri Jayanna vs The State Of Karnataka on 23 July, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC:28161
WP No. 20333 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 20333 OF 2025 (LA-KIADB)
BETWEEN:
1. SRI JAYANNA
S/O LATE SIDDALINGAIAH,
AGED ABOUT 70 YEARS,
R/AT NO.72, 8TH CROSS,
RAMAKRISHNAIAH LAYOUT,
NEAR MALAGALA MAIN ROAD,
NAGRABAVI, 2ND STAGE,
BANGALORE NORTH DISTRICT - 560 091.
2. SMT. RAJAMMA,
W/O LATE KARIBASAVARAJU,
AGED ABOUT 64 YEARS,
RESIDENT OF KODIHALLI VILLAGE,
Digitally signed KESTUR POST, KORA HOBLI,
by NAGAVENI
Location: High
TUMKUR TALUK,
Court of TUMKUR DISTRICT - 572 128.
Karnataka
3. SRI. SIDDALINGA SWAMY.K.
S/O LATE KARIBASAVARAJU,
AGED ABOUT 41 YEARS,
R/AT KODIHALLI VILLAGE,
KESTUR POST, KORA HOBLI,
TUMKUR TALUK,
TUMKUR DISTRICT - 572 128.
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NC: 2025:KHC:28161
WP No. 20333 of 2025
HC-KAR
4. SMT. PUTTAGANGAMMA,
W/O LATE PALANETRA,
AGED ABOUT 59 YEARS,
R/AT KODIHALLI VILLAGE,
KESTUR POST, KORA HOBLI,
TUMKUR DISTRICT - 572 128
...PETITIONERS
(BY SMT. ASHWINI P. ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF COMMERCE AND INDUSTRIES
VIDHANA SOUDHA, BANGALORE-01.
2. THE KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
BY ITS CHIEF EXECUTIVE OFFICER
AND EXECUTIVE MEMBER,
4TH AND 5TH FLOORS,
KHANIJA BHAVANA, RACE COURSE ROAD,
BENGALURU - 560 001.
3. THE SPECIAL LAND ACQUISITION OFFICER-2
KARNATAKA INDUSTRIAL
AREAS DEVELOPMENT BOARD,
NO.14/3, C.F.C. BUILDING,
MAHARSHI ARVIND BHAVAN,
I FLOOR, N.R. ROAD,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. SPOORTHY HEGDE N., HCGP FOR R1;
SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2 ND R3)
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NC: 2025:KHC:28161
WP No. 20333 of 2025
HC-KAR
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO I) QUASHING THE
AWARD BEARING NO. KIADB/LAQ /2013-14 DATED
20/12/2013 PASSED BY 3RD RESPONDENT IN RESPECT OF
LAND BEARING SY.NO.9/2 MEASURING 3 ACRE 13 GUNTAS,
SITUATED AT SANGENAHALLI VILLAGE, KORA HOBLI, TUMKUR
TALUK, TUMKUR DISTRICT, IN SO FOR AS OF PETITIONERS IS
CONCERNED, WHICH IS PRODUCED AT ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard the learned counsel, Smt. Ashwini P., appearing for the petitioners, Sri. Spoorthy Hegde N., learned HCGP appearing for respondent No.1, Sri. P.V. Chandrashekar, learned counsel appearing for respondent Nos.2 and 3.
2. The petitioners are before this Court, seeking for the following prayer:
"i) Issue a writ of certiorari quashing the award bearing No.KIADB/LAQ: /2013-14 dated 20/12/2013 passed by 3rd respondent in respect of land bearing Sy No.9/2 measuring 3 acre 13 guntas, situated at Sangenahalli Village, Kora Hobli, -4- NC: 2025:KHC:28161 WP No. 20333 of 2025 HC-KAR Tumkur Taluk, Tumkur District, in so far as petitioners is concerned, which is produced at ANNEXURE-A.
ii) Issue any suitable order, direction to the respondents to allot developed site lieau compensation as per the Government order No.CI 103 SPQ (E) 2019 dated 23/02/2021 at ANNEXURE-B.
iii) Issue any other orders or directions as deemed fit in the circumstances attending. ".
3. Learned counsel appearing for the petitioners would submit that the issue in the lis stands covered by the judgment rendered by a Co-ordinate Bench of this Court in W.P.No.22495/2023 disposed on 30.10.2023, wherein it has held as follows:
"This writ petition is filed seeking for following reliefs:
(i) Issue a writ of certiorari quashing the General Award bearing No.KIADB:LAQ No.1203/2022-23 dated 27.12.2022 passed by respondent no.3 in respect of land bearing Sy.no.40/7 measuring 0-12.08 guntas, situated at Hadihosahalli Village, Thyamagoundlu Hobli, Nelamangala Taluk, Bangalore Rural District of petitioner is concerned, which is produced at Annexure-C;
(ii) Issue any suitable order, direction or writ in the nature of mandamus directing the respondents herein to consider the case of the petitioner as per Section 29(2) of the KIAD Act and etc.
2. Sri Omkara Murthy G & Sri M.S. Mohan, learned counsel for petitioner submits that petitioner was absolute owner of land bearing Sy.no.40/7, measuring of 12.08 guntas situated at Hadihosahalli -5- NC: 2025:KHC:28161 WP No. 20333 of 2025 HC-KAR Village, Thyamagondlu Hobli, Nelamangala Taluk, Bengaluru Rural District, in respect of which respondent - authorities had initiated acquisition proceedings for Multi Modal Logistics Park project.
3. It was submitted that petitioner had no objection for acquisition of land by respondents -
KIADB, but without issuing notice and granting opportunity to petitioner to avail compensation under consent award General Award, was passed. Since compensation under consent award was higher than under General Award, denial was contrary to law.
4. It was submitted that under similar circumstances, this Court in W.P.no.22091/2022 disposed of on 30.11.2022, holding such denial as unsustainable, quashed General Award and directed respondents to consider petitioner's representation for passing consent award. Hence sought for passing similar order.
5. Sri Yogesh D. Naik, learned AGA for respondent no.1 and Sri P.V. Chandrashekar, learned counsel for respondent nos.2 and 3 submitted that in view of earlier decisions, respondent no.3 would consider petitioner's representation if petitioner furnished relevant documents in support of claim over property and sought for disposal of writ petition.
6. Heard learned counsel and perused writ petition record.
7. From above, it is seen that in W.P.no.22091/2022, contention of petitioner therein about failure to provide opportunity to accept compensation under consent award which was higher than under General award was upheld and this Court set aside General Award and directed respondents to consider petitioner's representation for passing consent award. Said decision would squarely apply in this case.
8. Accordingly, writ petition is disposed of, impugned General Award no.KIADB:LAQ No.1203/2022-23 dated 27.12.2022 vide Annexure-C passed by respondent no.3, insofar as it relates to -6- NC: 2025:KHC:28161 WP No. 20333 of 2025 HC-KAR petitioner's land in Sy.no.40/7, measuring 12.08 guntas situated at Hadihosahlli Village, Thyamagondlu Hobali, Nelamangala Taluk, Bangalore Rural District, is hereby set aside.
9. Respondent no.3 - SLAO shall consider petitioner's representation and pass appropriate orders thereon within a period of eight weeks."
4. In the light of the issue standing covered by judgment rendered by a Co-ordinate Bench of this Court supra, the petition stands disposed on the same terms.
Sd/-
(M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 36 CT: BHK