Sri. Sadappa Vs the State of Karnataka

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE UNDATED GENERAL AWARD BEARING NO.KIADB/LAQ/2306/2023-24 VIDE ANNEXURE-A PASSED BY THE THIRD RESPONDENT; DIRECTING THE RESPONDENTS TO CONSIDER THE CASE OF THE PETITIONERS AS PER SECTION 29(2) OF THE KIAD ACT FOR PASSING THE CONSENT AWARD IN RESPECT OF PETITIONERS LANDS MEASURING 1 ACRE 20 GUNTAS IN OLD SY.NO.119 OF BHAVANAHALLI VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT.

¶25

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

¶26

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

¶27

ORAL ORDER

¶28

Learned Additional Government Advocate accepts

¶29

notice for respondent No.1.

¶30

Sri. P.V.Chandrashekar, learned counsel is

¶31

directed to take notice for respondent Nos.2 and 3.

¶32

The petitioner is before this Court seeking for the following reliefs:

¶33

"i) Issue a writ in the nature of Certiorari quashing the undated General Award bearing No.KIADB/LAQ/2306/2023-24 vide Annexure-A passed by the Third Respondent.

¶34

ii) 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

¶35

3 - NC: 2025:KHC:51991 WP No. 36866 of 2025

¶36

HC-KAR

¶37

passing the consent Award in respect of Petitioners' lands measuring 1 acre 20 guntas in Old Sy.No.119 of Bhavanahalli Village, Kasaba Hobli, Malur Taluk, Kolar District.

¶38

iii) 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."

¶39

Heard learned counsel appearing for the

¶40

petitioner, learned AGA for respondent No.1 and learned counsel for respondents 2 and 3.

¶41

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 petitioner. One such petition is annexed along with the writ petition papers, in the case of

¶42

Venkatachalaiah and Another Vs. State of Karnataka

¶43

and Others,¹ (Venkatachalaiah) . 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

¶44

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

¶45

4 - NC: 2025:KHC:51991 WP No. 36866 of 2025

¶46

HC-KAR

¶47

State of Karnataka and Others² , had granted similar

¶48

reliefs.

¶49

Consequently, noting the submission of both

¶50

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

¶51

ORDER

¶52

i) The writ petition is disposed of .

¶53

ii) The impugned General Award at AnnexureA insofar as the petitioner’s land is concerned is hereby quashed .

¶54

iii) Respondent No.3 is directed to consider the claim of the petitioner 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.

¶55

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 at Annexure-A, which

¶56