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NC: 2026:KHC:5240

WP No. 19143 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

WRIT PETITION NO. 19143 OF 2023 (LA-KIADB)

BETWEEN:

SRI. SADANANDA C.

S/O. CHINNAPPA K. M.,

AGED ABOUT 53 YEARS,

R/O. KARIYANAYAKANAHALLI VILLAGE,

BHAVANAHALLI POST,

KASABA HOBLI, MALUR TALUK,

KOLAR DISTRICT-563 130.

…PETITIONER

(BY SRI. RAMESH KUMAR R. V., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,

Digitally DEPARTMENT OF INDUSTRIES AND COMMERCE,

signed by

VIDYA G R VIKASA SOUDHA,

Location:

DR. AMBEDKAR VEEDHI,

HIGH

COURT OF BENGALURU-560 001,

KARNATAKA

(BY ITS PRINCIPAL SECRETARY).

2. THE KARNATAKA INDUSTRIAL AREA

DEVELOPMENT BOARD

NO.49, 4^TH AND 5^TH FLOOR,

EAST WING, KHANIJA BHAVAN,

RACE COURSE ROAD,

BENGALURU-560 001,

(BY ITS MANAGING DIRECTOR).

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NC: 2026:KHC:5240

WP No. 19143 of 2023

HC-KAR

3. THE SPECIAL LAND ACQUISTION OFFICER,

THE KARNATAKA INDUSTRIAL AREA

DEVELOPMENT BOARD,

NO.49, 4^TH AND 5^TH FLOOR,

EAST WING, KHANIJA BHAVAN,

RACE COURSE ROAD,

BENGALURU-560 001,

(BY ITS MANAGING DIRECTOR).

…RESPONDENTS

(BY SMT. SAVITHRAMMA, AGA FOR R1;

SRI. P.V. CHANDRASHEKAR FOR R2 AND R3)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

IMPUGNED NOTIFICATION BEARING NO.C 11 SPQ 2012,

DATED 13/03/2012 ISSUED UNDER SECTION 3(1) AND 28(1)

OF THE KIADB ACT, 1966 BY THE RESPONDENTS AT

ANNEXURE-D ISSUED BY RESPONDENT NO.1.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING

IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS

UNDER:

CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

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NC: 2026:KHC:5240

WP No. 19143 of 2023

HC-KAR

ORAL ORDER

The Petitioner has sought for setting aside the

preliminary notification dated 13.03.2012 passed under

Section 28(1) of the Karnataka Industrial Areas

Development Act, 1966 (for short 'KIAD Act').

2. It is the case of the petitioner that despite the

notification under Section 28(1) of the KIAD Act on

13.03.2012, till date no further steps were taken to

effectuate the acquisition. Reliance is also placed on the

order of the Co-ordinate Bench in W.P.No.28232/2019,

disposed of on 21.12.2020, whereby the Co-ordinate

Bench with respect to the very same notification under

Section 3(1) and 28(1) of the KIAD Act, has passed an

order observing as follows:

"5. As rightly contended by the learned

counsel for the petitioner, despite issuance of the

preliminary notifications as long back as on

13.03.2012, the KIADB has not taken any steps

to proceed with the acquisition proceedings and

has neither passed an order under Section 28(3)

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WP No. 19143 of 2023

HC-KAR

of the Act nor issued a final notification so far. In

this context, having regard to the decisions of this

Court in the case of Karnataka Industrial Areas

Development Board and other vs. Smt. Anitha

Purnesh in W.P.No.2402/2014 dated

12.04.2016, Sri Munivenkatappa and others vs.

The state of Karnataka in W.P Nos.58842-

58344/2016 dated 19.07.2018, Smt Indramma

and others vs. State of Karnataka in W.P

Nos.10667-70/2018 dated 05.07.2019 and

Sri.K.Gangadhar and others vs. State of

Karnataka and others in W.P Nos.112501-

112506/2014 dated 18.02.2016, I am of the

considered opinion that the impugned notification

and the acquisition proceedings pursuant thereto

deserve to be quashed.

In the result, I pass the following:

ORDER

1. Petition is allowed.

2. The impugned preliminary notification at

Annexure-B dated 13.03.2012 issued by

KIADB and acquisition proceedings pursuant

thereto are hereby quashed insofar as the

schedule properties of the petitioners are

concerned."

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HC-KAR

3. It is further submitted that the said order was

upheld by the Division Bench in Writ Appeal No.67/2023.

4. Learned counsel Sri. P.V. Chandrasekhar

submits that the order passed in W.P.No.28232/2019 and

that of W.A.No.67/2023 are matters of record.

5. The facts are not in dispute that after the

preliminary notification dated 13.03.2012, till date no

further steps have been

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