Karnataka Industrial Area Development Board Vs Srinivas Reddy

THE SPECIAL DEPUTY COMMISSIONER THE KARNATAKA INDUSTIRAL AREA DEVELOPMENT BOARD 4^TH AND 5^TH FLOOR EAST WING, KAHANIJA BHAVAN RACE COURSE ROAD BANGALORE – 560 001.

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…APPELLANTS

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(BY SRI. ASHOK N NAYAK, ADVOCATE)

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AND:

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SRINIVAS REDDY

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S/O MUNI REDDY AGED 50 YEARS

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PRAKASH REDDY S/O MUNI REDDY AGED 53 YEARS

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HC-KAR

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SOMAHSEKAR REDDY

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S/O MUNI REDDY

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AGED 50 YEARS

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M C MANJUNATHA

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S/O MUNIREDDY AGED 40 YEARS

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RESPONDENT NO.1 TO 4 ARE RESIDING AT APPASANRA VILALGE NARASAPURA HOBLI KOLAR TALUK KOLAR DISTRICT – 563 101.

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NANDA KUMAR

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S/O KUAMRAPPA

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AGED ABOUT 62 YEARS R.AT 91/1 GROUND FLOOR 8^TH MAIN KRISHNAYYANAPALYA SADANANAGAR INDIRANAGAR BANGALORE – 560 038.

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THE STATE OF KARNATAKA DEPARTMENT OF INDUSTIRES

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AND COMMERCE

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DR. AMBEDKAR VEEDHI VIKASA SOUDHA BANGALORE – 560 001. REP. BY PRINCIPAL SECRETARY

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…RESPONDENTS

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(BY SRI. K C PRATHEEP, ADVOCATE FOR R1-R5; SRI. SUDEV HEGDE, AGA FOR R6)

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE IMPUGNED JUDGEMENT DATED 18/11/2023 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.16020/2022 AND ETC.,

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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The present intra-Court appeal has been filed impugning the order dated 18.11.2023 passed by the learned Single Judge in W.P No.16020/2022 filed by the respondents.

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The learned Single Judge by the impugned order has quashed the final notification dated 02.06.2022 issued under Section 28(4) of the Karnataka Industrial Areas Development Act, 1966 (for short ‘KIADB’) in respect of the respondents’ lands in Survey Nos.176/1, 176/2, 176/3 and 178/1 of Bavanahalli Village, Kasaba Hobli, Malur Taluk, Kolar District with further direction to the Special Land Acquisition Officer, KIADB to consider the objections filed by the respondents in accordance with the law and pass a fresh order.

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Mr. Ashok N. Nayak, learned counsel appearing for the KIADB submits that in compliance of the impugned order, notices have been issued to the respondents/petitioners for considering their objections as directed by the learned Single Judge and their objections would be considered in

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accordance with the law. Thereafter, the KIADB may issue a fresh notification.

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In view of the aforesaid developments, the learned counsel for KIADB submits that the writ appeal may be disposed of.

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The counsels appearing for the respondents have no objection to the prayer made by Mr. Ashok N. Nayak, learned counsel for the KIADB.

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Considering the aforesaid facts and the submissions advanced, we dispose of this appeal with a direction to the KIADB to consider the objections of the respondents/petitioners in accordance with the law expeditiously and take a final decision in respect of the exclusion of the respondents/petitioners land in Survey Nos.176/1, 176/2, 176/3 and 178/1 of Bavanahalli Village, Kasaba Hobli, Malur Taluk, Kolar District and necessary order be passed within the period of two months from today.

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