Sri. Thimmappa. G Vs the State of Karnataka

SRI. THIMMAPPA. G S/O GIRIYAPPA. Y. AGED ABOUT 62 YEARS, R/AT 24, 3^RD CROSS, 4^TH MAIN AGRAHARA DASARAHALLI, BASAVESHWARARIAGAR, BENGALURU - 560 079.

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JAYAMMA

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W/O. MOTEGOWDA, AGED ABOUT 63 YEARS, R/AT KALEGOWDANADODDI

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CHEELURU, RAMANGARA - 562 112.

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

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SAROJAMMA

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W/O. CHANNAGIRIGOWDA, AGED ABOUT 72 YEARS, R/AT HANUNTHANAGARA, CHEELURU, RAMANAGARA - 562 112.

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C. SHIVANNA S/O. CHANNAGIRIGOWDA, AGED ABOUT 66 YEARS, R/AT NO.55, VISHWESHWARAIAH LAYOUT, MALLTHAHALLI, BENGALURU SOUTH, BENGALURU - 560 056.

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HC-KAR

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DASAPPA

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S/O. CHINNAGIRIGOWDA, AGED ABOUT 68 YEARS, R/AT HANUMANTHA NAGAR, CHEELURU, KANAKAPUR, RAMANAGARA - 562 112.

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…PETITIONERS

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(BY SRI. SRIHARI A.V., ADVOCATE)

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AND:

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

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THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD EAST WING, KHANIJA BHAVAN BANGALORE - 560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER

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THE SPECIAL LAND ACQUISITION OFFICER-1 THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO. 14/1, ARAVINDA BHAVAN 1^ST FLOOR, NRUPATHUNGA ROAD BENGALURU - 560 001

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…RESPONDENTS

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(BY SRI. HARISHA A.S., AGA FOR R1

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SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2 AND R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF

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THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

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HC-KAR

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GENERAL AWARD BEARING NO.KIADB.LAQ.722.2019-20 DATED 11.10.2019 VIDE ANNEXURE-A PASSED BY THE THIRD RESPONDENT 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 MRS. JUSTICE K.S. HEMALEKHA

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ORAL ORDER

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Learned Additional Government Advocate Sri. Harisha A.S accepts notice for respondent No.1.

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Learned counsel Sri. P.V. Chandrashekar submits that he has filed vakalath for respondent No.3 and is directed to accept notice for respondent No.2 also.

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The petitioners in this writ petition are seeking for the following reliefs:

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“a) Issue a writ in the nature of Certiorari quashing the General Award bearing No.KIADB:LAQ:722:2019-20 dated 11.10.2019 vide Annexure-A passed by the Third respondent.

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b) Issue a writ in the nature of mandamus directing the respondents to consider the case of the

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HC-KAR

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petitioners as per Section 29(2) of the KIAD Act for passing the consent Award in respect of the Petitioners lands measuring 11 guntas in Sy.No.210/2, 07 guntas in Sy. No.210/3, 14 guntas in Sy.No.212/2, 1 acre 26 guntas in Sy.No.212/4 and 05 guntas in Sy.No.212/5 of Cheeluru village, Maralawadi Hobli, Harohalli Taluk, Ramanagara District.

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c) Grant such other reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case and in the interest of justice and equity.”

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Heard learned counsel appearing for the petitioners, learned AGA for respondent No.1 and learned counsel appearing for respondents 2 and 3.

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Both learned counsel appearing for the parties fairly submit that in identical matters, the Co-ordinate Bench of this Court has considered the issue and answered the same in favour of the petitioners. One such petition is annexed along with the writ petition papers, in the case of VENKATACHALAIAH AND ANOTHER VS. STATE OF

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KARNATAKA AND OTHERS,¹ . This Court, relying upon the 1 WP.No.15886/2025 D.D 01.07.2025

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HC-KAR

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earlier decision of the Co-ordinate Bench of this Court in the

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case of SMT MUNIYAMMA AND OTHERS Vs. THE STATE OF

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KARNATAKA AND OTHERS² , had granted similar reliefs.

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Consequently, noting the submission of both sides, the

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present petition also needs to be proceeded in the similar manner and this Court pass the following:

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ORDER

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i) The writ petition is disposed of .

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ii) The impugned General Award dated 11.10.2019 at Annexure-A in so far as petitioners’ lands are concerned is hereby quashed .

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iii) Respondent No.3 is directed to consider the claim of the petitioners under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 within an outer limit of four months from the date of receipt of a copy of this order.

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iv) It is made clear that in the event, if any dispute arises with regard to entitlement and apportionment of the award amount, the General Award dated 11.10.2019 at Annexure-

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