- 1 - NC: 2025:KHC:17067 WP No. 11424 of 2022 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. 11424 OF 2022 (LA-KIADB) BETWEEN: SMT IRENE RAVI RAJ @ MARY IRENE, W/O SRI JOSEPH RAVIRAJ, AGED ABOUT 58 YEARS, R/AT NO.12, ADITYADEEP, 20TH CROSS 3RD BLOCK, VISWAPRIYA NAGAR, BEGUR, BOMMANAHALLI BANGALORE - 560 068. …PETITIONER (BY SRI. S.SUBRAMANYA, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRY, M S BUILDING, BANGALORE, REPRESENTED BY ITS SECRETARY. 2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NRUPATHUNGA ROAD, BANGALORE, REPRESENTED BY ITS MANAGING DIRECTOR. 3. NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD.,(NICE) NO.1, MIDFORD GARDEN ROAD, CRIAG PARK LAYOUT ASHOK NAGAR, BENGALURU Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17067 WP No. 11424 of 2022 KARNATAKA - 560 001 REPRESENTED BY ITS MANAGING DIRECTOR/ 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, SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2, SRI. R.V.S. NAIK SENIOR COUNSEL FOR SRI. NITIN PRASAD, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING.DECLARE THAT THE SCHEME WITH RESPECT TO THE ACQUISITION OF LAND BEARING SURVEY NO.26/4 AT ANNEXURE-B OF KOMMAGHATTA VILLAGE WITHIN WHICH THE PROPERTY OF THE PETITIONER IS SITUATED IS LAPSED AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The petitioner is seeking to quash the impugned notification dated 19.12.1998, 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 - 3 - NC: 2025:KHC:17067 WP No. 11424 of 2022 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 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 - 4 - NC: 2025:KHC:17067 WP No. 11424 of 2022 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 19.12.1998 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 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. - 5 - NC: 2025:KHC:17067 WP No. 11424 of 2022 7. Pending I.As., if any, stand disposed of. Sd/- (R DEVDAS) JUDGE DL CT:AG