- 1 - HC-KAR NC: 2025:KHC:22629 WP No. 14280 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 14280 OF 2025 (LA-KIADB) BETWEEN: 1. SRI. GANGANARASAMMA, W/O. LATE KEMPAIAH, AGED ABOUT 65 YEARS, RESIDING AT DODDACHANNOHALLI VILLAGE, OBALAPURA POST, THYAMGONDLU HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT-562132 …PETITIONER (BY SRI. PUNITH C., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE REPRESENTED ITS PRINCIPAL SECRETARY, M.S.BUILDING, BANGALORE-560 001 2. THE LAND GRANT COMMITTEE, REPRESENTED BY ITS SECRETARY/TAHSILDAR, NELAMANAGALA TALUK, BANGALORE RURAL DISTRICT-562132 Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22629 WP No. 14280 of 2025 3. THE TAHSILDAR, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT-562132 4. STATE OF KARNATAKA, DEPARTMENT OF COMMERCE AND INDUSTRIES REPRESENTED ITS PRINCIPAL SECRETARY, M.S.BUILDING, BANGALORE-560 001 5. KARNATAKA INDUSTRIAL AND DEVELOPMENT BOARD 4TH AND 5TH FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE-560001 REPRESENTED BY ITS CHAIRMAN 6. THE SPECIAL LAND ACQUISITION OFFICER FOR KIADB, ARAVIND BHAVAN, NRUPUTHUNGA ROAD, BANGALORE-560001 …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 TO R4; SRI. LIKITH R. PRAKASH, ADVOCATE FOR R5 AND R6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) DIRECT THE R1 TO 3 TO CONSIDER THE APPLICATION OF THE PETITIONERS HUSBAND FILED UNDER FORM NO.57 DATED 20/12/2019 VIDE - 3 - HC-KAR NC: 2025:KHC:22629 WP No. 14280 of 2025 ACKNOWLEDGMENT AS PER ANNX-C IN RESPECT OF THE SCHEDULE PROPERTY IS CONCERNED AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard the learned counsel, Sri. Punith C., appearing for the petitioner, Sri. Spoorthy Hegde N., learned HCGP appearing for respondent Nos.1 to 4, Sri. Likith R. Prakash, learned counsel appearing for respondent Nos.5 and 6 and have perused the material on record. 2. The petitioner is before this Court, seeking for the following prayer: "a] Issue a Writ in the nature of mandamus, directing the Respondent No.1 to 3 to consider the application of the Petitioner's Husband filed under Form No.57 dated 20.02.2019 vide acknowledgment as per ANNEXURE-C in respect of the Schedule Property is concerned. b] To quash the issuance of the Preliminary Notification on 08.12.2020 under section 28(1) of KIAD act, 1966 as in CI 242 SPQ (e) 2020 as per ANNEXURE-F1 and final notification dated:11.08.2021 under section 28(4) of the KIAD act, 1966 CI 242 SPQ (e) 2020 as per ANNEXURE- - 4 - HC-KAR NC: 2025:KHC:22629 WP No. 14280 of 2025 F2 to the extent of the Schedule Property is concerned. c) To direct the Respondents to not to dispossess the Petitioner from the Schedule Property without following the due process of law. d) Pass such other suitable order or direction as this Hon'ble Court deems fit to grant under the facts and circumstances of the case, to meet the ends of justice and equity." 3. Learned counsel appearing for the petitioner would submit that the issue in the lis stands covered by the judgment rendered by this Court in W.P.No.13734/205 and connected matters disposed on 12.06.2025, wherein it has held as follows: “The conglomeration of these cases are presented before this court seeking a direction to the 3rd respondent-Tahsildar to consider the applications filed by them in Form Nos.50 and 57 in accordance with law. 2. The petitioners in all these cases claim to be in unauthorised cultivation of the respective schedule properties that are found in each of the petitions. Accordingly, on the score that they have been in possession or in cultivation of the said lands, have sought for regularisation of the said unauthorised construction in accordance with law by filing Form Nos.50 and 57, appended to the Land Grant Rules concerning regularisation of unauthorised cultivation. The learned counsel for the petitioners submits that the said application both in Form Nos.50 and 57 were filed before the Tahsildar on 13.07.2021. The date is sandwiched between two dates. One the Preliminary Notification so issued which concerns the lands of these petitioners for the purpose of acquisition and the beneficiary being the 5th respondent-KIADB, and the Final Notification which is issued on 11.08.2021. - 5 - HC-KAR NC: 2025:KHC:22629 WP No. 14280 of 2025 3. The grievance of the petitioners is that they are in possession of the lands in all these cases and the Tahsildar has not considered their cases for regularization of unauthorised cultivation or any other benefits that the Statute would ensue in favour of these petitioners. 4. The learned AGA would submit that if reasonable time is granted, the applications of the petitioners would merit consideration strictly in consonance with law, as the matter has to be placed before the Committee constituted under the Land Grant Rules and the Committee will have to take a decision. 5. The learned counsel for the petitioners as observed herein above, submits that they are in possession/cultivation of the land. In the event, they are in possession and cultivation of the land today, till a decision is taken by the 3rd respondent, they shall not be dispossessed. The learned counsel for the respondent- Board submits that their acquisition should not be dealt with in the case at hand, as it is only for the consideration of the application. The submission would merit acceptance. 6. It is made clear that this Court has not pronounced upon the acquisition process, either the Preliminary Notification or the Final Notification. It is a direction simpliciter to the Tahsildar-3rd respondent to consider the cases of these petitioners qua their respective applications filed strictly in consonance with law. 7. The 3rd respondent shall consider the case of the petitioners within eight weeks from the date of receipt of the copy of this order and communicate the decision taken to each of the petitioners in these petitions. All other contentions would remain open. With the aforesaid observations, the petitions are disposed. " - 6 - HC-KAR NC: 2025:KHC:22629 WP No. 14280 of 2025 4. In the light of the issue standing covered by judgment rendered by this Court supra, the petition stands disposed on the same terms. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 19