- 1 - NC: 2025:KHC:17078 WP No. 2852 of 2023 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. 2852 OF 2023 (LA-KIADB) BETWEEN: 1. MR. C KRISHNAPPA S/O LATE CHANNAPPA AGED 69 YEARS R/A HOSAHALLI GOLLARAPALYA VILLAGE, VISWANEEDAM POST YESHWANTHAPURA HOBLI, BANGALORE NORTH TALUK. 2. MR C GANGADHARA MURTHY S/O LATE CHENNIGAPPA AGED 56 YEARS R/A. NO.322, 3RD A CROSS, 2ND BLOCK, 3RD STAGE BASAWESHWARANAGAR BANGALORE-560 079. …PETITIONERS (BY SRI. RAMU S.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY PRINCIPAL SECRETARY DEPARTMENT OF INDUSTRIES ADN COMMERCE (INDUSTRIAL DEVELOPMENT) M S BUILDING BENGALURU-560 001. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17078 WP No. 2852 of 2023 2. THE KARNATAKA INDUSTRIAL DEVELOPMENT BOARD(KIADB) NO.49, 4TH FLOOR KHANAJI BHAVAN RACE COURSE ROAD BENGALURU-560 001. REP. BY CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER. 3. THE SPECIAL LAND ACQUISITION OFFICER-2 KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD(BMICPA) IST FLOOR, MARASHI ARAVIND BAHVAN NRUPATHUNGA ROAD BENGALURU-560 001. 4. BENGALURU MYSORE INFRASTURCTURE CORRIDOR AREA PLANNING AUTHORITY (BMICPA) NO.5, 2ND FLOOR, LOOPLANE RACE COURSE ROAD BENGALURU-560 009 REP. BY ITS MEMBER SECRETARY. 5. NANDI INFRASTRUCTURE CORRIDOR ENTERPRISE LTD., REPRESENTED BY ITS DIRECTOR OFFICE AT: NO.1, MIDFORD GARDEN ROAD, CRAIG PARK LAYOUT, ASHOK NAGARA, BENGALURU, KARNATAKA-560 001. 6. NANDI INFRASTRUCTURE ECONOMIC CORRIDOR ENTERPRISES LTD., REPRESENTED BY ITS DIRECTOR OFFICE AT: NO.1, MIDFORD GARDEN ROAD, CRAIG PARK LAYOUT, ASHOK NAGARA, BENGALURU, - 3 - NC: 2025:KHC:17078 WP No. 2852 of 2023 KARNATAKA-560 001. …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 SRI. DILDAR SHIRALLI, ADVOCATE FOR R2 & R3, SRI. YOGESH D NAIK, ADVOCATE FOR R4, SRI. S.B. MATHAPATI, ADVOCATE FOR R5 SRI. R.V.S. NAIK, SENIOR COUNSEL FOR SRI. NITIN PRASAD, ADVOCATE FOR R6) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DTD 03.06.1999 BEARING NO.CI.196.SPQ.1998(P) ISSUED BY THE R-3 AUTHORITY AS LAPSED VIDE ANNX-B.DECLARE THAT THE ACQUISITION PROCEEDINGS INITIATED BY THE RESPONDENT AUTHORITIES IN RESPECT OF THE PROPERTIES BEARING SY.NO.40/8 (OLD SY.NO.40/6), MEASURING 2 GUNTAS SITUATED AT HOSAHALLI GOLLARAPALYA VILLAGE, YESHWANTHPURA HOBLI, BANGALORE NORTH TALUK BANGALORE DISTRICT IS LAPSED/ABANDONED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The petitioners are seeking to quash the impugned notification dated 02.06.1999, issued under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966. - 4 - NC: 2025:KHC:17078 WP No. 2852 of 2023 2. Learned Counsel for the petitioners 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 the submissions made by the learned Counsel for the petitioners. 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 - 5 - NC: 2025:KHC:17078 WP No. 2852 of 2023 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 petitioners are also entitled for similar relief. 5. Consequently, the writ petition is allowed. The impugned preliminary notification dated 02.06.1999 issued under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966, is hereby quashed and set aside, insofar as the petitioners’ land is concerned. 6. This order shall not come in the way of acquiring the subject property by issuing notification afresh, in 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. - 6 - NC: 2025:KHC:17078 WP No. 2852 of 2023 No order as to costs. Sd/- (R DEVDAS) JUDGE DL CT:AG