IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

WRIT PETITION NO. 14687 OF 2025 (LA-KIADB)

BETWEEN:

1. SRI SYED AFSAR PASHA,

S/O LATE SYED MUSTHAQ SHA,

AGED ABOUT 39 YEARS,

RESIDING AT NO.23/1, 1^ST FLOOR, 1^ST CROSS,

NEAR R.K.PALACE,

KAVERI NAGAR,

R.T.NAGAR POST,

BENGALURU-560 032.

2. SRI.GUNASHEKAR.REDDY.K S/O K.CHANDRASHEKHAR REDDY

AGED ABOUT 54 YEARS,

RESIDING AT FLAT NO.301,

3^RD FLOOR, S.V.HEIGHTS,

6^TH CROSS, 17^TH MAIN VEERANNAPALYA,

Digitally signed by HBCS LAYOUT, BANGALORE-560 045.

MAHALAKSHMI B M

Location: HIGH 3. SRI.GIRISH.R

COURT OF

S/O RAJANNA. M,

KARNATAKA

AGED ABOUT 42 YEARS, RESIDING AT NO. 189/1, 8^TH CROSS, HMT LAYOUT,

BANGALORE NORTH TALUK,

BANGALORE-560 054.

4. SRI.SUJAY.SARATHY.R.V

S/O VIJAY SARATHY.D,

AGED ABOUT 45 YEARS,

RESIDING AT NO.876,

DASARA STREET DEVANAHALLI,

BANGALORE RURAL DISTRICT.

…PETITIONERS (BY SRI. SIDDHARTH SUMAN.,ADVOCATE)

AND:

1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY HOME DEPARTMENT VIDHANA SOUDHA, BENGALURU -

560 001.

2. THE SPECIAL LAND ACQUISITION OFFICER-II K.I.A.D.B-K.R.I.D.E

1^ST FLOOR, ARVIND BHAVAN, NRUPATUNGA ROAD, BENGALURU-560 001.

…RESPONDENTS (BY SRI. HARISHA A S.,AGA FOR R1;

SRI. SHARAN P SABARAD.,ADVOCATE FOR R2)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) TO QUASH THE NOTICE DATED 15.04.2025 BEARING NO. KIADB/KRIDE/BHOSWA/C2/R/8/5- 6/NAGAWARA/01/2025-26, ISSUED BY THE 2^ND RESPONDENT I.E, ANNEXURE-S 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

The petitioners have approached this Court seeking to quash the notice dated 15.04.2025 (Annexure-S) issued by respondent No.2-The Special Land Acquisition Officer, KIADB, (for short 'the SLAO') contending that the same has been issued without notice to the petitioners, in the names of the erstwhile landowners and in violation of the mandatory procedure under the Karnataka Industrial Areas Development Act, 1966 (for short ' the KIAD Act').

2. Brief facts of the case are as under:

The petitioner No.1 claims to be the absolute owner and possession of the residential site bearing No.722, carved out in the land in survey No.35/5 of Nagavara Village, Bangalore North Taluk and petitioner No.2 claims to be absolute owner and possession of the residential site bearing No.728, carved out in the land in Survey No.35/3 of Nagavara Village, Bangalore North Taluk, formed a layout approved by the Bangalore Development Authority (for short 'the BDA') through a Vyalikaval House Building Co-Operative Society Limited. The petitioners traced their title through a registered sale deed, possession certificate, khatha entries and tax paid receipts.

3. The grievance of the petitioners arose when the respondent-KIADB issued a notice dated 15.04.2025 proposing to proceed with the acquisition proceedings, allegedly addressing the notice to erstwhile landowners Sri. Srinivas Papaiah and Smt. Manjular, who according to the petitioners, had no subsisting right, title or interest in the subject properties. The petitioners asserted that no preliminary or final notification under the KIAD Act has been served upon them and that the statutory requirement under Section 28(2) of the KIAD Act was not complied. On these premises, the petitioners approached this Court and interim protection was granted at the preliminary stage on 28.11.2025 apprehending dispossession, which is reflected as below;

"The petitioners have assailed the notice dated

15.04.2025 issued by respondent No.2 (Annexure– S), issued in the name of erstwhile land owners Sri Srinivas and Smt. Manjula pertaining to lands in Sy. Nos.35/3 and 35/5, Nagawara Village, Kasaba Hobli, Bengaluru North Taluk.

Learned counsel for the petitioners contends that the petitioners are the absolute owners in lawful possession of the residential sites bearing Nos.722, 728, 72 and 725 all carved out of Sy. Nos.35/5 and

35/3 of