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2025 Supreme(Online)(Kar) 38921

THE HIGH COURT OF KARNATAKA
K S HEMALEKHA
SRI B N VENKATESHA – Appellant
Versus
STATE OF KARNATAKA – Respondent
WP 18495/2025



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 18495 OF 2025 (LA-KIADB)

BETWEEN:

1. SRI B N VENKATESHA S/O NARAYANAPPA AGED ABOUT 39 YEARS, RESIDING AT NO. 356 BAGALUR , JALA HOBLI, YELAHANKA TALUK BANGALORE 562 149.

2. SMT. LAKSHMI D/O NARAYANAPPA AGED ABOUT 42 YEARS, RESIDING AT NO. 305 BAGALUR , JALA HOBLI, YELAHANKA TALUK BANGALORE 562 149.

Digitally signed by 3. SMT. JYOTHI MAHALAKSHMI B M D/O NARASIMHA M Location: HIGH AGED ABOUT 26 YEARS.

COURT OF KARNATAKA

4. SMT. B N DEEPA D/O NARASIMHA M AGED ABOUT 25 YEARS.

5. SRI. MANOJ B N S/O NARASIMHA M AGED ABOUT 21 YEARS.

THE PETITIONER No.3 TO 5 ARE RESIDING AT NO. 352A BAGALUR, JALA HOBLI, YELAHANKA TALUK BANGALORE 562 149.

…PETITIONERS (BY SRI. SRIHARI A. V, ADVOCATE)

AND:

1. STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, BENGALURU 560 001 REPRESENTED BY ITS SECRETARY.

2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD EAST WING, KHANIJA BHAVAN RACE COURSE ROAD, BENGALURU 560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

3. THE SPECIAL LAND ACQUISITION OFFICER -2 KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO. 39, SHANTHI GRUHA, BHARATH SCOUTS AND GUIDES BUILDING, 4th FLOOR, PALACE ROAD, BENGALURU 560 001.

…RESPONDENTS (BY SRI. B.B.PATIL, ADVOCATE FOR R2 AND R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER DECLARING THAT THE PRELIMINARY NOTIFICATION BEARING NO.CI/422/SPQ/2005, BANGALORE, DATED 03.11.2006 VIDE ANNEXURE-A AND FINAL NOTIFICATION BEARING NO.CI/212/SPQ/2007, BANGALORE, DATED 07.05.2007 VIDE ANNEXURE-B ISSUED BY THE FIRST RESPONDENT IN RESPECT OF THE PETITIONERS LAND BEARING SY.NO. 152 (OLD SY.NO.40) MEASURING 04 ACRES SITUATED AT BANDIKODIGEHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK (YELAHANKA) AS ABANDONED, LAPSED AND NON-EST AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL ORDER

Petitioners are before this Court seeking for the following reliefs:

"(a) Issue a writ in the nature of certiorari or any other writ or order declaring that the preliminary notification bearing No.CI/422/SPQ/2005, Bangalore, dated 03.11.2006 vide annexure-A and final notification bearing No.CI/212/SPQ/2007, Bangalore, dated 07.05.2007 vide annexure-B issued by the First Respondent in respect of the Petitioners' land bearing Sy.No.152 (Old Sy.No.40) measuring 04 acres situated at Bandikodigehalli Village, Jala Hobli, Bangalore North Taluk (Yelahanka) as abandoned, lapsed and non-est;

(b) Issue a writ in the nature of certiorari or any other writ or order quashing the preliminary notification bearing No.CI/422/SPQ/2005, Bangalore, dated 03.11.2006 vide annexure-A and final notification bearing No.CI/212/SPQ/2007, Bangalore, dated 07.05.2007 vide annexure-B issued by the First Respondent in respect of the Petitioners' land bearing Sy.No.152 (Old Sy.No.40) measuring 04 acres situated Bandikodigehalli Village, Jala Hobli, Bangalore North Taluk (Yelahanka) as the First and Second Respondents have not completed the acquisition proceedings within reasonable time; (c) Issue a writ of mandamus directing the Respondents not to interfere with the Petitioners' peaceful possession and enjoyment of schedule property.

(d) Grant such other relief as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity."

2. Heard the learned counsel appearing for the petitioners, learned Additional Government Advocate appearing for respondent No.1-State and learned counsel appearing for respondent Nos.2 and 3-KIADB and perused the material on record.

3. Learned counsel for the petitioners submits that though the Preliminary Notification was issued on 03.11.2006 at Annexure-A notifying the schedule property along with other properties fo

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