Sri Muniyappa E Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Sri Muniyappa E Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Direction to Respondent Nos. 2 and 3 to consider the petitioner's representation dated 18.07.2025 (Annexure-E) and pass appropriate orders within eight weeks from receipt of the certified copy of the order.

Issue for consideration

Whether Respondent Nos. 2 and 3 (KIADB and the Special Land Acquisition Officer-2) should be directed to consider the petitioner's representation dated 18.07.2025 (Annexure-E) seeking allotment of developed land in lieu of compensation for the acquired land.

Court's answer

The writ petition is disposed of with a direction to Respondent Nos. 2 and 3 to consider the petitioner's representation dated 18.07.2025 (Annexure-E) and pass appropriate orders within eight weeks from the date of receipt of the certified copy of the order; the Court records that counsel for Respondents 2 and 3 submitted the representation would be considered in accordance with law within a time bound manner.

Detailed headnote1 paragraphs

Writ Petition (LA-KIADB) No. 34603 of 2025 — KIADB acquisition — consideration of representation for developed land in lieu of compensation. A 95-year-old landowner, whose land bearing Survey No. 70 (old Survey No. 37/2), 30 guntas, at Haraluru village, Devanahalli Taluk, was acquired for an industrial area pursuant to a preliminary notification under Section 28(1) and a Final Notification under Section 28(4) of the KIAD Act dated 25.05.2022, approached the High Court under Articles 226 and 227 of the Constitution seeking a mandamus to direct Respondent No. 3 (SLAO-2, KIADB) to consider his representation dated 18.07.2025 (Annexure-E) requesting allotment of developed land in lieu of compensation, which had not been considered. Counsel for Respondents 2 and 3 (KIADB and SLAO-2) submitted that the representation would be considered in accordance with law within a time bound manner; the Court recorded the submission, held the grievance would stand redressed by issuing necessary directions, and disposed of the writ petition directing Respondent Nos. 2 and 3 to consider the representation and pass appropriate orders within eight weeks from receipt of the certified copy of the order. (Single Judge: Hon'ble Mrs. Justice K.S. Hemalekha; decided 03.12.2025.)

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NC: 2025:KHC:50552 WP No. 34603 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 34603 OF 2025 (LA-KIADB)

BETWEEN:

SRI. MUNIYAPPA E S/O. MUNISHAMAPPA AGED ABOUT 95 YEARS R/AT. CHIKKAHOSALLI, HOSAHALLI, BETTAKOTE, BANGALORE RURAL DISTRICT - 562 129.

…PETITIONER

(BY SRI. KUMARA K.G, ADVOCATE FOR SMT. CHITHRALEKHA H.R, ADVOCATE)

AND:

Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BANGALORE - 560 001.

KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU - 560 001.

THE SPECIAL LAND ACQUISITION OFFICER-2, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.14/3,

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NC: 2025:KHC:50552 WP No. 34603 of 2025

HC-KAR

1ST FLOOR, CFC BUILDING, MAHARSHI ARAVINDA BHAVAN, NRUPATUNGA ROAD, BANGALORE - 560 001

…RESPONDENTS

(BY SMT. NAMITHA S, ADVOCATE FOR SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR R2 AND R3)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R3 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 18.07.2025 AS PER ANNEXURE-E.

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 petitioner has approached the Court seeking for the following reliefs:-

a) Issue a Writ of Mandamus directing the Respondent No.3 to consider the Representation of the Petitioner dated 18.07.2025 as per Annexure-E; and

b) Issue such other order or direction, this Hon'ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice and equity.

3 - NC: 2025:KHC:50552 WP No. 34603 of 2025

HC-KAR

The petitioner claims to be the owner of the land bearing Survey No. 70 (old Survey No. 37/2) measuring 30 guntas, situated at Haraluru village, Channarayapatna Hobli, Devanahalli Taluk, Bengaluru Rural District. The said property has been acquired for establishment of an industrial area pursuant to the preliminary notification under Section 28(1) followed by a Final Notification issued by the KIADB under Section 28(4) at the KIAD Act on 25.05.2022.

The grievance of the petitioner is that though the representation has been submitted requesting allotment of a developed land in lieu of compensation the said representation has not been considered by the authorities, compelling him to approach this Court.

Learned counsel Smt. Namitha.S on behalf of H.L. Pradeep Kumar submits that the representation of the petitioner shall be considered in accordance with law, within a time bound manner.

The said submission is recorded.

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NC: 2025:KHC:50552 WP No. 34603 of 2025

HC-KAR

The grievance of the petitioner would stand redressed

if necessary directions are issued to the respondent nos. 2 and

Accordingly, this Court pass the following:-

ORDER

Writ petition is disposed of.

Respondent Nos.2 and 3 are directed to consider the petitioner's representation dated 18.07.2025 (at Annexure-E) and pass appropriate orders within (8 weeks) from the date of receipt of the certified copy of this order.

Sd/-

_____________________ JUSTICE K.S. HEMALEKHA

VS

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