Sri Gangapa @ Ganganna Vs the State of Karnataka

THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER 14/3. II FLOOR, R. P. BUILDING, NRUPATHUNGA ROAD, BANGALORE 01.

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THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, I FLOOR, MARUTHI TOWER NEAR SIT MAIN GATE, TUMKUR-572 103

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…RESPONDENTS

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(BY SRI. SPOORTHY HEGDE N., HCGP FOR R1; SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2 AND R3)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD BEARING NO. SLAO/KIADB/TU/NO.22809/2023-24 DATED. 16.12.2023 PASSED BY R-3 IN RESPECT OF THE PETITIONERS WAS THE JOINTLY ABSOLUTE OWNERS OF LAND BEARING SY.NO. 14/2 MEASURING 1 ACRE 11.12.00 GUNTAS, SITUATED AT TANGANAHALLI VILLAGE, KOLALA HOBBLI, KORATAGERE TALUK, TUMKUR DISTRICT, OF PETITIONERS IS CONCERNED, WHICH IS PRODUCED AT ANNEXURE-A AND ETC.

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

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CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

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3 - NC: 2025:KHC:3376 WP No. 1601 of 2025

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ORAL ORDER

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Petitioners claiming to be the joint and absolute owners of the land bearing Survey No.14/2 measuring 1 acre 11.12.00 Guntas, situated at Tanganahalli Village, Kolala Hobli, Koratagere Taluk, Tumkur District, which was acquired by the respondent -KIADB in terms of a preliminary notification dated 06.01.2020 and final notification dated 27.07.2020 and the

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General Award has been passed on 16.12.2023, as per Annexure A, are before this Court seeking following reliefs;

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"i. Issue a writ of certiorari quashing the General award bearing No.SLAO/ KIADB/ TU/ No.22809/2023-24 dated 16.12.2023 passed by 3^rd respondent in respect of the petitioners was the jointly absolute owners of land bearing Sy.No.14/2 measuring 1 acre 11.12.00 guntas, situated at Tanganahalli Village, Kolala Hobli, Koratagere Taluk, Tumkur District, of petitioners is concerned, which is produced at Annexure - A.

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ii. Issue any suitable order, direction or writ in the nature of Mandamus directing the respondents herein to consider the case of the petitioners as per section 29(2) of the KIAD Act.

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iii. Issue any other orders or directions as deemed fit in the circumstances attending."

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2. Learned counsel for the respondent - KIADB on the

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other hand submits that the despite service of notice by the respondent-KIADB, the petitioners did not respond to the same.

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4 - NC: 2025:KHC:3376 WP No. 1601 of 2025

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Therefore, apprehending and in order to avoid unwarranted delay in the matter, the respondent-authorities proceeded to pass the general award. However, he fairly submits that given some time the case of the petitioners will be considered under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966.

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Submission of the learned counsel for the

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respondents is taken on record.

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4. Accordingly, following:

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ORDER

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i. Petition is hereby allowed.

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ii. The General Award dated 16.12.2023 passed by the 3rd respondent as per Annexure- A is hereby quashed to the extent of the property bearing Survey No.14/2 measuring 1 acre 11.12.00 Guntas, situated at Tanganahalli Village, Kolala Hobli, Koratagere Taluk, Tumkur District, belonging to the petitioner.

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iii. Respondent No.2 is directed to consider the case of the petitioners herein in terms of the

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5 -

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NC: 2025:KHC:3376 WP No. 1601 of 2025

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Section 29(2) of the Karnataka Industrial Area Development Act, 1966, upon the petitioners satisfying all the requirement thereof. Needless to state that in the event of any dispute, the general award would stand restored.

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iv. Respondent No.2 is directed to withdraw the amount in deposit before the Competent Court, if any, and disburse to the petitioners herein, in terms of the observation made above, in accordance with law.

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SD/(M.G.S. KAMAL) JUDGE

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TIN List No.: 1 Sl No.: 22 CT:SNN

Sri Gangapa @ Ganganna v. the State of Karnataka

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Sri Gangapa @ Ganganna v. the State of Karnataka

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