THE HIGH COURT OF KARNATAKA
K S HEMALEKHA
SRI DINESH – Appellant
Versus
STATE OF KARNATAKA – Respondent
WP 23470/2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO. 23470 OF 2025 (LA-KIADB)
BETWEEN:
1. SRI DINESH
S/O LATE PRAKASH,
AGED ABOUT 38 YEARS
RESIDING AT NO.79, HOSADODDI GRAMA,
MANCHANAYAKAHALLI,
S/O LATE PRAKASH,
BIDADI HOBLI,
RAMANAGAR- 562 019. 2. SRI. PUNEETH H.M
S/O MOHAN MURTHY,
AGED ABOUT 27 YEARS,
RESIDING AT NO. 102,
Digitally signed by
HOSADODDI GRAMA,
MAHALAKSHMI B M
Location: HIGH MANCHANAYAKAHALLI,
COURT OF
BIDADI HOBLI,
KARNATAKA
RAMANAGAR- 562 019.
…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. SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.14/3, 2ND FLOOR, ARAVIND BHAVAN, NRUPATHUNGA ROAD, BENGALURU-5690 001.
4. NANDI ECONOMIC CORRIDOR ENTERPRISES LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956.
OFFICE AT NO. 1, MIDFORD HOUSE MIDFORD GARDENS, OFF M.G.ROAD BENGALURU- 560 001 REPRESENTED BY ITS MANAGING DIRECTOR.
…RESPONDENTS (BY SRI. RAVINDRA V REDDY., SPL COUNSEL FOR R1;
SRI. VASANTH, ADVOCATE FOR R2 AND R3;
SRI.NITHIN PRASAD, ADVOCATE FOR R4)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DATED 19.12.1998 BEARING NO.CI-196-SPQ 1998 AND NOTIFICATION DATED 29.01.2023 BEARING NO.CI-196-SPQ 1998 VIDE ANNEXURES-A AND AL, ISSUED BY THE FIRST RESPONDENT NOTIFYING THE PETITIONERS LANDS MEASURING 1 ACRE 30 GUNTAS IN SY.NO.85/1 AND 1 ACRE IN SY.NO. 148/2 (OLD SY.NO.87) OF TALAGUPPE VILLAGE, BIDADI HOBLI, RAMANGARA TALUK, RAMANAGAR DISTRICT AS THE ACQUISITION PROCEEDINGS HAVE BEEN ABANDONED, LAPSED AND NULL AND VOID 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 for the following reliefs:
"i) Issue a writ in the nature of certiorari or any other writ or order quashing the Preliminary Notification dated 19.12.1998 bearing No. CI-196- SPQ 1998 and Notification dated 29.01.2003 bearing No.CI-196-SPQ-1998 vide Annexures-A and Al, issued by the First Respondent notifying the Petitioners' lands measuring 1 acre 30 guntas in Sy.No.85/1 and 1 acre in Sy.No.148/2 (old Sy.No.87) of Talaguppe Village, Bidadi Hobli, Ramangara Taluk, Ramanagar District as the acquisition proceedings have been abandoned, lapsed and null and void;
ii) Issue a writ of mandamus directing the Respondents not to interfere with the Petitioners peaceful possession and enjoyment of schedule properties.
iii) Issue any other Writ or Order as this Hon'ble Court deems fit in the facts and circumstances of the case and in the interest of Justice and equity."
2. Heard the learned counsel for the petitioners, learned Special Counsel for respondent No.1, Sri. Vasanath, learned counsel for respondent Nos.2 and 3 and Sri. Nithin Prasad, learned counsel for respondent No.4. Perused the material on record.
3. Learned counsel for the petitioners submits that after issuance of Preliminary Notification dated 19.12.1998 and 29.01.2003, notifying the petitioners' land measuring 1 acre 30 guntas in Survey No.85/1 and 1 acre in Survey No.148/2 (old Survey No.87) of Talaguppe Village, Bidadi Hobli, Ramanagar Taluk, Ramangar District (for short 'schedule properties') under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (for short 'KIAD Act'), no Final Notification under Section 28(4) of the KIAD Act has been issued. It is therefore submitted that the acquisition proceedings have lapsed. Reliance is placed on several decisions of this Court wherein similar notifications were quashed, namely:
i) SRI.M.R.R.SETTY Vs. STATE OF KARNATAKA AND OTHERS, WP.Nos.20610-206
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