Shri Muneshwara Swamy Seva Samiti Vs the State of Karnataka

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1 - NC: 2025:KHC:51739 WP No. 36849 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF DECEMBER, 2025

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BEFORE

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THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 36849 OF 2025 (LA-KIADB)

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BETWEEN:

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SHRI MUNESHWARA SWAMY SEVA SAMITI NO.45, RAMASWAMY PALYA, KAMMANAHALLI MAIN ROAD, MARUTHI SEVA NAGAR POST, BENGALURU - 560 033 REP BY ITS SECRETARY M GOVINDARAJU AGED ABOUT 62 YEARS

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…PETITIONER

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(BY SRI. RAGHAVENDRA GOWDA K., ADVOCATE)

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AND:

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

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

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THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD EAST WING, KHANIZA BHAVAN, BANGALORE - 560 001

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REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER

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2 -

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NC: 2025:KHC:51739 WP No. 36849 of 2025

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HC-KAR

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THE SPECIAL LAND ACQUISITION OFFICER HEAD OFFICE, KIADB 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)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE UNDATED GENERAL AWARD BEARING NO.KIADB/KRDE/ACQ/C2/R/1-4/LINGARAJAPURA/01/2025-26 VIDE ANNEXURE-A PASSED BY THE THIRD RESPONDENT 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

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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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3 -

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NC: 2025:KHC:51739 WP No. 36849 of 2025

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HC-KAR

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The petitioner in this writ petition is seeking for the following reliefs:

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“a) Issue a writ in the nature of Certiorari quashing the undated General award bearing No.KIADB/KRDE/ACQ/C2/R/1-

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4/LINGARAJAPURA/01/2025-26 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 petitioners as per Section 29(2) of the KIAD act for passing the consent award to an extent of 422 sq mts in sy no.52 of Lingarajapura Village, Kammanahalli Main Road, Kasaba Hobli, Bangalore North Taluk, Bangalore Urban 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

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4 - NC: 2025:KHC:51739 WP No. 36849 of 2025

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HC-KAR

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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 KARNATAKA AND OTHERS,¹ . This Court, relying upon the earlier decision of the Co-ordinate Bench of this Court in the 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 undated at Annexure-A in so far as petitioner’s lands is 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

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1 WP.No.15886/2025 D.D 01.07.2025

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2 WP.No.15026/2021 D.D 18.08.2021

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5 - NC: 2025:KHC:51739 WP No. 36849 of 2025

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HC-KAR

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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 undated at Annexure-A, which has been quashed by this Court would revive.

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v) Liberty is reserved to respondent No.3, to withdraw the amount, if deposited before the Civil Court pursuant to the General Award.

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Sd/-

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JUSTICE K.S. HEMALEKHA

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VS CT-SG List No.: 1 Sl No.: 36

Shri Muneshwara Swamy Seva Samiti v. the State of Karnataka

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Shri Muneshwara Swamy Seva Samiti v. the State of Karnataka

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