SRI RAJANNA v. THE STATE OF KARNATAKA
Court: High Court of Karnataka
Bench: E.S.INDIRESH
Judgment date:
Case summary
High Court of Karnataka judgment dated 2024-12-20. SRI RAJANNA v. THE STATE OF KARNATAKA. Read the judgment and case details on LawSphereX.
Judgment text
- 1 - WP No. 34728 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU TH DATED THIS THE 20 DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE E. S. INDIRESH WRIT PETITION NO. 34728 OF 2024 (LA-KIADB) BETWEEN: 1. SRI. RAJANNA S/O MUDDARANGAIAH, AGED ABOUT 33 YEARS, R/AT TANGANAHALLI VILLAGE, KOLALA HOBLI, KORATAGERE TALUK, TUMKUR-572129 …PETITIONER (BY SRI. OMKARA MURTHY G. , ADVOCATE) AND: Digitally signed by SHARMA ANAND 1. THE STATE OF KARNATAKA CHAYA Location: High Court BY ITS SECRETARY, of Karnataka DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, NO. 14/3, II FLOOR, R P BUILDING, NRUPATHUNGA ROAD, BENGALURU - 560 001. - 2 - WP No. 34728 of 2024 3. THE SPECIAL LAND ACQUISITION OFFICER NIMZ KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, I FLOOR, MARUTHI TOWER, NEAR SIT MAIN GATE, TUMKUR - 572 103. …RESPONDENTS (BY SRI. RAVINDRANATH B.
, AGA FOR R1; SRI. P. V. CHANDRASHEKAR, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD BEARING NO. SLAO/KIADB/TU RD /NO. 22809/2023-24 DATED 16/12/2023 PASSED BY 3 RESPONDENT IN RESPECT OF THE PETITIONER WAS THE ABSOLUTE OWNER OF LAND BEARING SY. NO. 18/3 MEASURING 0-15 GUNTAS, SITUATED AT TANGANAHALLI VILLAGE, KOLALA HOBLI, KORATAGERE TALUK, TUMKUR DISTRICT, OF PETITIONER IS CONCERNED, WHICH IS PRODUCED AT ANNEXURE-A; AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - WP No. 34728 of 2024 CORAM: HON'BLE MR. JUSTICE E. S. INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. The grievance of the petitioner is that the land belonging to the petitioner has been acquired by the respondent -KIADB for the purpose of industrial area and the petitioner is seeking quashing of the impugned General Award dated 16. 12.
2023 (Annexure-A), inter alia, sought for a direction to the respondent - KIADB to pass the consent award under Section 29(2) of the KIAD Act. 3. In that view of the matter, accepting the submissions made by the learned counsel appearing for the parties and taking into consideration catena of decisions rendered by this Court in identical circumstances, I pass the following: O R D E R 1) Writ Petition is allowed; 2) Genera Award dated 16. 12. 2023 passed by the respondent - SLAO in respect of the land - 4 - WP No. 34728 of 2024 of the petitioner herein is concerned, is hereby quashed; 3) Respondent No.
2-Karnataka Industrial Area Development Board is directed to consider the case of the petitioner in terms of Section 29(2) of the KIAD Act upon the petitioner satisfying all the requirements thereof; 4) In the event of there being any adverse claim with regard to subject land belonging to the petitioner prior to the disbursal of the amount, the General Award will be revived automatically; 5) Respondent No. 2-Karnataka Industrial Area Development Board is directed to withdraw the amount in deposit before the competent Court, if any, and disburse to the petitioner in terms of the observation made above in accordance with law. SD/- (E. S. INDIRESH) JUDGE sac List No. : 1 Sl No. : 8
Source: High Court of Karnataka. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.