IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.49886 OF 2016 (LA - KIADB)

BETWEEN:

1 . SMT. SAROJAMMA AGED ABOUT 70 YEARS, W/O LATE A.B.JAGADEESH.

2 . SRI J.SOMASHEKAR AGED ABOUT 50 YEARS, S/O LATE A.B.JAGADEESH, 3 . SRI J.RAMESH AGED ABOUT 48 YEARS, S/O LATE A.B.JAGADEESH.

ALL ARE RISIDING AT BOMMUR AGRAHARA, PALAHALLI POST, BELAGOLA HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT – 571 438.

... PETITIONERS (BY SRI ASHOK HARANAHALLI, SR.ADVOCATE FOR SRI ANOOP HARANAHALLI, ADVOCATE)

AND:

1 . THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE & INDUSTRIES, VIKASA SOUDHA, DR.AMBEDKAR ROAD, BENGALURU – 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY.

2 . THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO. 14/3, 2^ND FLOOR, RASHTROTHANA PARISHAT BUILDING NRUPATHUNGA ROAD, BENGALURU – 560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER &

EXECUTIVE MEMBER.

3 . THE SPECIAL LAND ACQUISITION OFFICER - I THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT ZONAL OFFICE, K.R.S.ROAD, MYSURU – 570 016.

... RESPONDENTS (BY SRI M.RAJAKUMAR, AGA FOR R-1;

SRI B.B.PATIL, ADV. FOR R-2 AND R-3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION NO.CI 222 SPQ 2005, BANGALORE, DATED 07.12.2005, ISSUED UNDER SECTIONS 3[1], 1[3] & 28[1] OF THE KIAD ACT AT ANNEXURE-A, AND FINAL NOTIFICATION BEARING NO.CI 266 SPQ 2006, BANGALORE DATED.31.8.2006, ISSUED UNDER SECTION 28[4] OF THE KIAD ACT, AT ANNEXURE-B, BY THE R-1 ARE SO FAR AS PETITIONERS SCHEDULE PROPERTIES ARE CONCERNED; DECLARE THAT THE ACQUISITION PROCEEDINGS INITIATED VIDE NOTIFICATION NO.CI 222 SPQ 2005, BANGALORE, DATED 07.12.2005, ISSUED UNDER SECTIONS 3[1], 1[3] & 28[1] OF THE KIAD ACT AT ANNEX-A AND FINAL NOTIFICATION BEARING NO. CI 266 SPQ 2006, BANGALORE DATED 31.08.2006, ISSUED UNDER SECTION 28[4] OF THE KIAD ACT, AT ANNEXURE-B, BY THE R-1, IN RESPECT OF THE PETITION SCHEDULE PROPERTIES ARE CONCERNED AS LAPSED.

THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CAV ORDER

The petitioners are before this Court seeking the following prayers: -

“(i) Issue writ of certiorari or any other writ or direction of similar nature and to quash the notification No.C1 222 SPQ 2005, Bangalore dated 07-12-2005 issued under Sections 3(1), 1(3) & 28(1) of the KIAD Act at Annexure-

A, and final notification bearing No.C1 226 SPQ 2006, Bangalore dated 31-08-2006 issued under Section 28(4) of the KIAD Act, at Annexure-B by the 1^st respondent are so far as petitioners schedule properties are concerned.

(ii) Issue an appropriate writ declaring that the acquisition proceedings initiated vide notification No.C1 222 SPQ 2005, Bangalore dated 07-12-2005 issued under Sections 3(1), 1(3) & 28(1) of the KIAD Act at Annexure-A, and final notification bearing No.C1 226 SPQ 2006, Bangalore dated 31-08-2006 issued under Section 28(4) of the KIAD Act, at Annexure-B by the 1^st respondent in respect of the petition schedule properties are concerned as lapsed.

(iii) To grant any other relief/reliefs as this Hon’ble Court deems fit to grant, in the circumstances of the case and award costs, in the interest of justice and equity.”

2. Heard Sri Ashok Haranahalli, learned senior counsel appearing for the petitioners, Sri M.Rajakumar, learned Additional Government Advocate appearing for respondent No.1 and Sri B.B. Patil, learned counsel appearing for respondents 2 and 3.

3. Facts, in brief, germane are as follows: -

3.1. The petitioners claim that they are the absolute owners in possession of lands measuring 2 acres 21 guntas in Sy.No.45/1; 39 guntas in Sy.No.45/3; and 4 acres 17 guntas in Sy.No.100 of Mogarahalli Village, Belagola Hobli, Srirangapatna Taluk, Mandya District. A preliminary notification comes to be issued by the 1^st respondent/Department of Commerce and Industries under