Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:11928 WP No. 7311 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 7311 OF 2025 (LA-KIADB)
BETWEEN:
1. SMT. PARVATHAMMA, W/O. LATE M. MUNI REDDY, AGED ABOUT 64 YEARS,
2. SRI. MURALI MOHAN, S/O. LATE M. MUNI REDDY, AGED ABOUT 44 YEARS,
BOTH ARE RESIDING AT KARUDABANDE HOSAHALLI, NARASAPURA POST AND HOBLI, KOLAR TALUK AND DISTRICT, KOLAR-563 133. …PETITIONERS (BY SRI. SRIHARI A. V., ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE VIKASA SOUDHA, DR.B.R.AMBEDKAR VEEDHI BENGALURU-560 001. REPRESENTED BY ITS SECRETARY. 2. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD EAST WING, KHANIJA BHAVAN RACE COURSE ROAD, BENGALURU-560 001,
Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:11928 WP No. 7311 of 2025
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 3. THE SPECIAL LAND ACQUISITION OFFICER-1, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO. 14/3, ARAVINDA BHAVAN, NRUPATHUNGA ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1;
SRI. GOPAL V. BILALMANE, ADVOCATE FOR R2 AND R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE PRELIMINARY NOTIFICATION DATED 13.03.2012 BEARING NO.SI 99 SPQ 2012 BENGALURU ISSUED BY THE R-1 VIDE ANNX-A IN RESPECT OF PETITIONERS LANDS MEASURING 1 ACRE 9 1/2 GUNTAS IN SY.NO. 9/1 AND 1 ACRE 9 1/2 GUNTAS IN SY.NO.9/2 BOTH SITUATED AT KARUDABANDE VILLAGE, NARASAPURA HOBLI, KOLAR TALUK AND DIRECT AS ABANDONED, LAPSED, NON-EST AND NULL AND VOID AND CONSEQUENTLY QUASH THE PRELIMINARY NOTIFICATION DTD. 13.03.2012 VIDE ANNX-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:11928 WP No. 7311 of 2025
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
The petitioners are seeking to quash the preliminary notification dated 13.03.2012 at annexure-A insofar as the petitioners lands in Sy. No.9/1 and Sy. No.9/2 of Karudabande Village, Narasapura Hobli, Kolar taluk is concerned, on the ground that no final notification has been issued till date even after lapse of more than 13 years. Reliance is placed on a decision of a Co-ordinate Bench of this court in WP.No.28232/2019 dated 21.12.2020 in respect of the very same preliminary notification.
The co-ordinate bench has allowed the writ petition while quashing the preliminary notification dated 13.03.2012, accepting the contention of the petitioners therein that the preliminary notification has lapsed since final notification has not been issued although 13 years have lapsed after the issuance of the preliminary notification. 2. Learned counsel for the respondent-KIADB however submits that an intra court appeal has been filed in respect of the said order in WP.No.28232/2019 and in WA No.67/2023. However, learned counsel for the petitioners submits that no
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NC: 2025:KHC:11928 WP No. 7311 of 2025
stay has been granted in the writ appeal filed at the hands of the respondent-State and the KIADB. Consequently, the writ petition is allowed in terms of the orders passed in WP.No.28232/2019 dated 21.12.2020. The preliminary notification dated 13.03.2012 issued by the respondent-State Government is quashed insofar as the lands belonging to the petitioners are concerned. Sd/- (R DEVDAS) JUDGE
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