Disposed¶28

Nayana Padiyar v. the State of Karnataka

Karnataka HC13 Jan 2025WP/32389/2024

Case brief

AI extract

What is this about?

KIADB land acquisition; direction to make reference; compliance with order dated 11.06.2020 in Misc. Case No.7/2012 of I Additional Senior Civil Judge & CJM, Mangaluru; representations dated 9.11.2021 and 27.02.2024 (Annexure-F and H); determination/re-fixation of compensation; writ under Articles 226 and 227 of the Constitution of India; petition disposed; 30-day direction; Special Land Acquisition Officer and Deputy Commissioner, Bykampady Industrial Area, Mangaluru; High Court of Karnataka, Bengaluru; Justice M.G.S. Kamal; 13 January 2025.

What did the court decide?

Petition disposed of with a direction to respondents-authorities to make a reference within thirty days from the date of receipt of a certified copy of the order, in terms of the direction issued by the I Additional Senior Civil Judge and CJM, Mangaluru. ¶28

Nayana Padiyar Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents, including respondent No.3 - Special Land Acquisition Officer, KIADB, are to be directed to make a reference pursuant to the direction issued by the I Additional Senior Civil Judge & CJM, Mangaluru vide order dated 11.06.2020 in Misc. Case No.7/2012, which had not been acted upon. +1 more

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Court's answer

The Court took on record the submission of learned counsel for respondent No.2-KIADB that necessary instructions would be issued to make a reference in accordance with law within thirty days from the date of receipt of a certified copy of the order, in compliance with the direction issued by the I Additional Senior Civil Judge & CJM, Mangaluru, and disposed of the petition.

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Ratio / Principle

Respondents-authorities were directed to make a reference within thirty days from the date of receipt of a certified copy of the order, in terms of the direction issued by the I Additional Senior Civil Judge and CJM, Mangaluru.

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Detailed headnote1 paragraphs

Writ Petition No. 32389 of 2024 (LA-KIADB), High Court of Karnataka at Bengaluru (M.G.S. Kamal, J.), order dated 13.01.2025: The petitioner sought directions to respondents R-2 to R-4 (State of Karnataka, KIADB, the Special Land Acquisition Officer and the Deputy Commissioner, Bykampady Industrial Area, Mangaluru) to determine/re-fix compensation and to consider her representations dated 9.11.2021 and 27.02.2024 (Annexure-F and H), there being no action on the direction of the I Additional Senior Civil Judge & CJM, Mangaluru (order dated 11.06.2020 in Misc. Case No.7/2012) to respondent No.3-Special Land Acquisition Officer, KIADB to make a reference. Counsel for respondent No.2-KIADB submitted that necessary instructions would be issued to make a reference in accordance with law within thirty days from receipt of a certified copy of the order. Taking the submission on record, the Court disposed of the petition and directed the respondents-authorities to make a reference within thirty days from the date of receipt of a certified copy of the order, in terms of the direction issued by the I Additional Senior Civil Judge and CJM, Mangaluru.

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NC: 2025:KHC:1257 WP No. 32389 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 32389 OF 2024 (LA-KIADB)

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BETWEEN:

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NAYANA PADIYAR W/O NAGESH PADIYAR, AGED ABOUT 60 YEARS, RESIDING AT NO. 33/4, II HMT LAYOUT, R.T. NAGAR, BENGALURU - 560 032

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…PETITIONER

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(BY SRI. VISHWANATH SHENDGE, ADVOCATE)

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AND:

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Digitally signed by SUMA B N Location: High Court of Karnataka

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THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPT OF COMMERCE AND INDUSTRIES, M.S. BUILDING, BENGALURU - 560 001

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THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU - 560 001 BY ITS CHIEF EXECUTIVE OFFICER

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THE SPECIAL LAND ACQUISITION OFFICER K.I.A.D.B REGIONAL OFFICE, BYKAMPADY INDUSTRIAL AREA, MANGALORE - 575 011

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NC: 2025:KHC:1257 WP No. 32389 of 2024

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THE DEPUTY COMMISSIONER, K.I.A.D.B REGIONAL OFFICE, BYKAMPADY INDUSTRIAL AREA, NEW MANGALORE - 575 011.

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…RESPONDENTS

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(BY SRI. SPOORTHY HEGDE N., HCGP FOR R1, R3 AND R4; SRI. DILDAR SHIRALLI, ADVOCATE FOR R2)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R-2 TO 4 TO DETERMINE /RE FIX THE COMPENSATION DIRECTING THE R-2 TO 4 TO DETERMINE TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 9.11.2021 AND 27.02.2024 VIDE ANNEXURE-F AND H.

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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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ORAL ORDER

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Petitioner is before this Court with a short grievance that despite there being a specific direction by the I Additional Senior Civil Judge & CJM, Mangaluru issued vide order dated 11.06.2020 in Misc. Case No.7/2012 directing respondent No.3- Special Land Acquisition Officer, KIADB to make a reference, there has been no action taken by the respondents -authorities.

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3 - NC: 2025:KHC:1257 WP No. 32389 of 2024

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Shri Dildar Shiralli, learned Counsel for respondent No.2-KIADB submits that necessary instructions will be issued to the concerned to make a reference in accordance with law within thirty days from the date of receipt of a certified copy of this order, in compliance with the direction issued by the I Additional Senior Civil Judge & CJM, Mangaluru.

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