Sri Shivarajaiah Vs the State of Karnataka

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD DATED 26/07/2019 PASSED IN CASE NO. LAQ/KIADB/TU/2019-20 BY THE SPECIAL LAND ACQUISITION OFFICER, KIADB, TUMKUR VIDE ANNEXURE-D, IN SO FAR IT RELATES TO THE LANDS BEARING SY.NO.18/3 MEASURING 2

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NC: 2026:KHC:2630 WP No. 905 of 2026

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HC-KAR

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ACRES 25 GUNTAS INCLUDING KARAB LAND OF 0-01 GUNTA SITUATED AT PURADAKUNTE VILLAGE, BELLAVI HOBLI, TUMAKURU TALUK AND DISTRICT, BY ISSUE OF WRIT OF CERTIORARI 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 notice for respondent No.1.

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Sri. P. V. Chandrashekar, learned counsel accepts notice for respondent No.2.

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The matter is taken up for disposal by consent.

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The petitioner has sought for issuance of writ of

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certiorari to set aside the general award at Annexure-D dated 26.07.2019 passed by respondent No.2 insofar as it relates to the land bearing Sy. No.18/3, measuring 2 acres 25 guntas including karab land of 0.01 gunta situated at Puradakunte village, Bellavi Hobli, Tumakuru Taluk and District. Petitioner has also sought for issuance of writ of

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NC: 2026:KHC:2630 WP No. 905 of 2026

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HC-KAR

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mandamus to direct the 2^nd respondent to withdraw the amount in deposit before the Court and to issue a direction

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to the 2^nd respondent to pass consent award.

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The case of the petitioner is that he was willing for a 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 and taking note of the directions passed in W.P.No.15026/2021, the petition is disposed of as follows:

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NC: 2026:KHC:2630 WP No. 905 of 2026

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HC-KAR

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(i) The impugned general award at Annexure-D

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insofar as the petitioner's land is concerned, is set aside.

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(ii) Respondent No.2 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 Karnataka Industrial Areas Development Act, 1966, within a period of four months from the date of receipt of copy of this order.

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It is made clear that, in the event if there is any dispute with regard to entitlement and apportionment of the award amount, the general award at Annexure-D would stand revived.

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Liberty is reserved to the Special Land Acquisition Officer, KIADB to withdraw the amount, if deposited before the Civil Court pursuant to the general award.

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