- 1 - NC: 2025:KHC:17065 WP No. 2695 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 2695 OF 2025 (LA-KIADB) BETWEEN: SRI.P. NAGARAJU S/O LATE. PATTALAH @ PUTTAPPA AGED ABOUT 64 YEARS RESIDENT OF NO.19, AVARAGERE, BIDADI-POST BIDADI HOBLI RAMANAGARA TALUK AND DISTRICT PIN CODE- 562 109 …PETITIONER (BY SRI. AVINASH GOWDA G S.,ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE NO.505, 5TH FLOOR, M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD 1ST FLOOR, MAHARSHI ARAVIND BHAVAN NRUPATHUNGA ROAD BENGALURU -560 001. REPRESENTED BY: SPECIAL LAND ACQUISITION OFFICER. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17065 WP No. 2695 of 2025 3. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD BANGALORE-560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER 4. M/S NANDI INFRASTRUCTURE CORRIDOR ENTERPRISE LTD., NO.1, FORD GARDENS, OPP M.G. ROAD, BENGALURU – 560 001. REP. BY THE MANAGING DIRECTOR. (REGISTERED UNDER COMPANIES ACT, 1956) 5. NANDI ECONOMIC CORRIDOR ENTERPRISES LTD., NO.1, MIDFORD HOUSE, MIDFORD GARDENS, OFF. MG ROAD, BENGALURU-560 001, REP. BY ITS AUTHORIZED SIGNATORY. …RESPONDENTS (BY PROF. RAVIVARMA KUMAR., SR. COUNSEL SRI. S.A. AHMED & SRI. MALHARA RAO., AAG DR. RAVINDRA V REDDY & SRI. SIDHARTH BABURAO., SPL. GOVERNMENT ADVOCATES FOR R1 SMT. MONICA PATIL, ADVOCATE FOR R2 & R3 SRI. R.V.S.NAIK, SENIOR COUNSEL FOR SRI. NITHIN PRASAD, ADVOCATE FOR R4 AND 5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTUION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION ISSUED BY THE SECOND RESPONDENT BEARING NO.CI 196 SPQ 98 DATED 21.07.1999 PRODUCED HERETO AS ANNEXURE-A SO FAR AS PETITIONER IS CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:17065 WP No. 2695 of 2025 CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The petitioner is seeking to quash the impugned notification dated 21.07.1999, issued under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966. 2. Learned Counsel for the petitioner submits that the impugned notification has been subject matter of various litigations and this Court has allowed all the writ petitions and has quashed the impugned notification, insofar as the respective writ petitioners are concerned. Learned Counsel prays for similar orders, having regard to the decision in the case of Sri.C.Valliappa Vs. The State of Karnataka and others, in W.P.No.8400/2021, dated 07.06.2021. 3. Learned Counsel appearing for the respondent- Karnataka Industrial Areas Development Board (KIADB) and learned Counsel appearing for the respondent-Nandi Infrastructure Corridor Enterprises (NICE), do not dispute - 4 - NC: 2025:KHC:17065 WP No. 2695 of 2025 the submissions made by the learned Counsel for the petitioner. However, the learned Counsel for the respondent-NICE would draw the attention of this Court to another decision in the case of Sri.Natawarlal Jasu Vs. The State of Karnataka and others, in W.P.No.4399/2023, dated 28.07.2023 and prays that similar directions that were issued to the respondent-State Government and liberty granted to the respondent-NICE, may be given. 4. In view of the decisions of the co-ordinate Benches of this Court striking down the impugned notification, the petitioner is also entitled for similar relief. 5. Consequently, the writ petition is allowed. The impugned preliminary notification dated 21.07.1999 issued under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966, is hereby quashed and set aside, insofar as the petitioner’s land is concerned. 6. This order shall not come in the way of acquiring the subject property by issuing notification afresh, in - 5 - NC: 2025:KHC:17065 WP No. 2695 of 2025 accordance with law. Added, liberty is also reserved to the respondent-NICE to proceed against the other respondents, in accordance with law if there is any grievance against them. All contentions in that regard are kept open. No order as to costs. 7. Pending I.As., if any, stand disposed of. Sd/- (R DEVDAS) JUDGE DL CT:AG