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2025 Supreme(Online)(KAR) 857

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
B.M.SHYAM PRASAD, RAMACHANDRA D. HUDDAR
Mohan S/o. Narayan Kademani – Appellant
Versus
Divya Prabhu – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI. M.R. NAIK, SENIOR COUNSEL FOR SRI. SUNIL S. DESAI, ADVOCATE
For the Respondent:SRI. BASAVARAJ SABARAD V., SENIOR COUNSEL FOR SMT. SHARMILA M. PATIL, ADVOCATE FOR A3; SRI. PRAVEEN K. UPPAR

CAV JUDGMENT

(PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD)

The Karnataka Industrial Areas Development Board [M/s KIADB] is in appeal calling in question the common order dated 26.07.2024 in W.P. Nos.71377/2012 and 60868/2011. The writ petition in W.P. No.71377/2012 is by Sri. Narayan S/o. Bhimarao Kademani, and the writ petition in W.P. No.60868/2011 is by the legal heirs of his brother, Sri. Timmappa @ Timmanna S/o. Bhimarao Kademani. Sri. Narayan S/o. Bhimarao Kademani has died during the pendency of the petition in W.P. No.71377/2012 and his legal representatives have come on record.

2. These petitions are filed calling in question the final notification dated 06.02.2008 issued under Section 28[4] of the KARNATAKA INDUSTRIAL AREA DEVELOPMENT ACT [for short, ‘the KIAD Act’]. This notification, which is hereafter referred to as ‘the impugned final notification’, is issued to bring about a culmination of the acquisition proceedings begun with the notification dated 10.02.1981 under Section 28[1] of the KIAD Act. This notification dated 05.11.1981 is issued for more than 200 acres in different villages, including the land in Sy. No.127, measuring 27 acres 4 guntas, of Kelageri v

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