- 1 - NC: 2025:KHC:14498 WP No. 5150 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 5150 OF 2025 (LA-KIADB) BETWEEN: SRI. GUNDAPPA, SON OF LATE MUSWAMAPPA, AGED ABOUT 65 YEARS, OCCUPATION AGRICULTURE, RESIDENT OF SHIVARPATANA VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 130. …PETITIONER (BY SRI. S. SREENIVASA, ADVOCATE AND SRI. NATARAJ D, ADVOCATE (ABSENT)) AND: 1. THE STATE OF KARNATAKA, REPRESENT BY ITS REVENUE SECRETARY, COMMERCIAL AND INDUSTRIAL DEPARTMENT, GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, BANGALORE - 560 001. 2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, REPRESENTED BY ITS SECRETARY, NO.2/39, "SHANTHI GRUHA", BHARAT SCOUTS AND GUIDES BUILDING, PALACE ROAD, BANGALORE - 560 001. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14498 WP No. 5150 of 2025 3. SPECIAL LAND ACQUISITION OFFICER-1, (K.I.A.D.B) REPRESENTED BY ITS SECRETARY, NO. 14/3, 1ST FLOOR, MAHARSHI ARAVIND BHAVAN, NRUPATHUNGA RD, AMBEDKAR VEEDHI, SAMPANGI RAMA NAGAR, BANGALORE - 560 009. 4. SRI. S.E. SOMASHEKARACHARI, SON OF LATE ESHWARACHARI, AGED ABOUT 58 YEARS, RESIDENT OF SHIVARPATANA VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 130. 5. SMT. SUMITRA, WIFE OF S. VENKATESH, AGED ABUT 50 YEARS, RESIDING AT NO.506, NAGENDRA NILAYA, 2ND CROSS, AMARAJYOTHI LAYOUT, DOMMALURU, BANGALORE - 560 071. …RESPONDENTS (BY SRI. SESHU V, HCGP FOR R1; SRI. C. CHANNEGOWDA, ADVOCATE FOR R2 AND R3) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION ISSUED BY THE R-3 IN THE NAME OF THE R-5, VIDE ANNEXURE-H UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:14498 WP No. 5150 of 2025 CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader accepts notice for respondent No.1. Sri.C.Channegowda, learned counsel who is present in the Court takes notice for respondent Nos.2 and 3. Notice to respondent Nos.4 and 5 is not necessary for the following reasons. 2. It is the grievance of the petitioner that though he is the owner of land bearing Sy.No.71, new Sy.No.212 measuring 1 acre 30 guntas situated at Shivarapatna Village, Malur Taluk, Kolar District, nevertheless, the respondent/State has issued a preliminary notification dated 10.09.2024, showing the name of respondent No.5 as the kathedar and Anubhavadar of 2 acres and 15 guntas in Sy.No.212. The prayer in the writ petition is to quash the preliminary notification and further restrain the respondents from passing any award and distributing the compensation amount to respondent No.5. - 4 - NC: 2025:KHC:14498 WP No. 5150 of 2025 3. In the considered opinion of this Court, the petitioner is entitled to file objections before respondent No.3-Special Land Acquisition Officer, stating that the petitioner is the owner of the land in question and therefore, his name should be shown in the final notification and he will be entitled to receive the compensation. If such objections are filed, respondent No. 3 is bound to consider the same and proceed in accordance with law. 4. With these observations, the writ petition stands disposed of, reserving liberty to the petitioner to raise an objection before respondent No.3-Special Land Acquisition Officer. If such objections are raised, respondent No.3 shall consider the same in accordance with law and take further steps to redress the grievance of the petitioner. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 3 CT: BHK