Sri. Esar Mahdi Vs the State of Karnataka

SRI. ESAR MAHDI S/O MIRZA IKHTEDAR HUSSAIN, AGED ABOUT 48 YEARS, NO. 124, 1^ST FLOOR, 3^RD MAIN, NEAR BDA COMPLEX AUSTIN TOWN LAYOUT, BANGALORE SOUTH BANGALORE-560047

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…PETITIONER

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(BY SRI. RAGHAVENDRA GOWDA K.,ADVOCATE)

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AND:

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THE STATE OF KARNATAKA Digitally signed DEPARTMENT OF COMMERCE AND INDUSTRIES by VIKASA SOUDHA, BANGALORE-560001. SHARADAVANI REPRESENTATED BY ITS SECRETARY B

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Location: HIGH 2. THE KARNATAKA INDUSTRIAL AREA COURT OF KARNATAKA DEVELOPMENT BOARD EAST WING, KHANIZA BHAVAN, BANGALORE-560001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER

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THE SPECIAL LAND ACQUISITION OFFICER (KRIDE) HEAD OFFICE, KIADB

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2 - NC: 2026:KHC:13501 WP No. 7189 of 2026

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HC-KAR

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NO.14/1, ARAVINDA BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD, BENGALURU-560001

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…RESPONDENTS

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(BY SRI. A.S. HARISH, AGA FOR R1, SRI P.V. CHANDRASHEKAR, ADVOCATE FOR R2 & R3)

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THIS WP UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA IS FILED PRAYING TO QUASHING THE UNDATED GENERAL AWARD BEARING NO.KIADB/KRIDE/ACQ/C2/R4/78/LINGARAJAPURA/ 7-8/202526 VIDE ANNEXURE-A INSOFAR AS PETITIONER IS CONCERNED 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 MR. JUSTICE S SUNIL DUTT YADAV

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ORAL ORDER

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Learned Additional Government Advocate accepts

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notice of respondent No.1. Learned counsel Sri. P.V. Chandrashekar accepts notice for respondents No.2 and 3. The matter is taken up for disposal by consent.

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The petitioner has sought for issuance of writ of certiorari to set aside the impugned General Award at Annexure-'A' insofar as the petitioner's property is

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3 - NC: 2026:KHC:13501 WP No. 7189 of 2026

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HC-KAR

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concerned and issue writ in the nature of mandamus to direct the respondents to consider the case of the petitioner in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (for short KIAD Act) and to pass Consent Award.

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The petitioner submits that he was ready to accept consent award and accordingly, the question of passing of General Award does not arise.

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Learned counsel for the respondent - Karnataka Industrial Area Development Board (KIADB) submits that the petition itself could be disposed of while setting aside the General Award insofar as the petitioner is concerned and the respondent - Special Land Acquisition Officer, KIADB would consider the request of the petitioner and pass a consent award as per law.

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In light of the said stand, taking note of the directions passed in W.P.No.15026/2021, the petition is disposed of as follows:

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4 - NC: 2026:KHC:13501 WP No. 7189 of 2026

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HC-KAR

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(i) The petition is allowed.

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(ii) The impugned General Award at Annexure-A insofar as the petitioner's land is concerned, is set aside.

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(iii) Respondent No.3 is directed to consider the claim of the petitioner for passing of consent award and pass a consent award in terms of Section 29(2) of the KIAD Act, within a period of four months from the date of receipt of copy of this order.

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