- 1 - NC: 2025:KHC:9405 WP No. 41902 of 2014 C/W WP No. 40310 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 41902 OF 2014 (LA-KIADB) C/W WRIT PETITION NO. 40310 OF 2014 (LA-KIADB) IN WP No. 41902/2014 BETWEEN: 1. M. RAVINDRANATH, S/O D.MANJAPPA, 52 YEARS, 2. HONNEGOWDA S/O LATE MARIGOWDA, AGED ABOUT 70 YEARS, SINCE DEAD BY HIS LR'S 2(A). B.H. PUTTASWAMY, S/O LATE HONNEGODA, AGED ABOUT 46 YEARS, 2(B). B.H. RAJESH, S/O LATE HONNEGODA, AGED ABOUT 43 YEARS, 2(C). PREMKUMAR, S/O LATE HONNEGODA, AGED ABOUT 40 YEARS, 2(D). B.H. HAMSHAVATHI, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9405 WP No. 41902 of 2014 C/W WP No. 40310 of 2014 D/O LATE HONNEGOWDA, AGED ABOUT 45 YEARS, ALL ARE RESIDENTS OF NAVIK BASAPURA, BIDRE POST, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 222. 3. N. BASAVARAJU S/O LATE NANJAIAH, AGED ABOUT 50 YEARS, 4. VIJAYA S/O MANJAPPA, AGED 38 YEARS, 5. GUTHYAPPA S/O LATE KARIBASAPPA, AGED 55 YEARS, 6. SURESHA S/O LATE KARIBASAPPA, AGED 48 YEARS, 7. JAYAMMA W/O LATE NANJUNDAPPA, AGED 60 YEARS, 8. B.K. PADMANABHA S/O LATE KEMPANNA, AGED 48 YEARS, 9. JAYAMMA W/O LATE RAMAPPA, AGED 60 YEARS, - 3 - NC: 2025:KHC:9405 WP No. 41902 of 2014 C/W WP No. 40310 of 2014 10. DEVARAJ C S/O LATE PATEL CHANNABASAPPA, AGED 55 YEARS, 11. GURUVA BOVI S/O LATE VENKATAPPA, AGED 65 YEARS, 12. KRISHNAPPA S/O LATE KENCHAPPA, AGED 53 YEARS, PETITIONERS NO.1 TO 12 ARE RESIDENT OF NAVILEBASAVAPURA VILLAGE, KASABA HOBLI, BHADRAVATHI TALUK - 577 301, SHIMOGA DISTRICT. …PETITIONERS (BY SRI. S.V. PRAKASH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF INDUSTRIES & COMMERCE. VIDHANA SOUDHA, BANGALORE - 560 001. 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, (A GOVERNMENT OF KARNATAKA UNDERTATING), NO.14/3, 2ND FLOOR, R.P. BUILDING, NRUPATHUNGA ROAD, BANGALORE - 560 001. REPRESENTED BY ITS MANAGING DIRECTOR. - 4 - NC: 2025:KHC:9405 WP No. 41902 of 2014 C/W WP No. 40310 of 2014 3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, INDUSTRIAL AREA, BYKAMPADI, MANGALORE - 575 011. 4. ASSISTANT SECRETARY KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, ZONAL OFFICE, KARUR INDUSTRIAL AREA, PLOT NO.CAJ (1-B), P.B.ROAD, DAVANAGERE - 577 006. 5. DEPUTY COMMISSIONER SHIMOGA DISTRICT, SHIMOGA CITY - 577 201. 6. ASSISTANT COMMISSIONER SHIMOGA SUB-DIVISION, SHIMOGA CITY - 577 201. 7. B.G. VASAPPA GOWDA S/O G. GANGAIAH, AGED ABOUT 56 YEARS, "PADMANILAYA" LAKKAPPA LAYOUT, KASHIPURA, SHIMOGA CITY - 577 203. 8. S.G. SUNIL, S/O GOPALA KRISHNA, AGE:MAJOR, AGED ABOUT 4TH CROSS, VYYALIKAVAL BANGALORE - 560 003. AND ALSO RESIDING AT NO.392, "SRI MANJUNATHAKRUPA", 2ND BLOCK, VINOBANAGARA, SHIMOGA CITY - 577 203. - 5 - NC: 2025:KHC:9405 WP No. 41902 of 2014 C/W WP No. 40310 of 2014 9. M/S. E. RAMAMURTHY MINERALS AND METALS PRIVATE LTD., (A COMPANY INCORPORATED) NO.59, 12TH MAIN, (OLD 24TH MAIN), B.S.K. IST STAGE, 1ST BLOCK, SRINAGAR, BANGALORE - 50. REPRESENTED BY ITS MANAGING DIRECTOR. 10. GENERAL MANAGER M/S E. RAMAMURTHY MINERALS AND METALS PRIVATE LTD., NAVILEBASAVAPURA VILLAGE, POST: BIDARE, BHADRAVATHI TALUK - 577 301, SHIMOGA DISTRICT. …RESPONDENTS (BY SRI. SPOORTHI HEGDE N, HCGP FOR R1, R5 AND R6; SRI. ASHOK NAYAK, ADVOCATE FOR R2; SMT. VAISHALI HEGDE, ADVOCATE FOR R7, R9 AND R10; VIDE ORDER DATED 21.02.2019, NOTICE TO R8 IS HELD SUFFICIENT) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (i) QUASH THE NOTIFICATION ISSUED BY THE R-2 DATED 15.10.2007 DECLARING THE LANDS MEASURING 120 ACRES 13 GUNTAS SITUATED AT NAVILE BASAVAPURA VILLAGE IN BHADRAVATHI TALUK, SHIMOGA DISTRICT AND 2 ACRES 16 GUNTAS OF LAND SITUATED AT HONNAVILE VILLAGE, SHIMOGA TALUK AS INDUSTRIAL AREA IN TERMS OF SEC.3(1) AND 1(3) OF KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD ACT DATED 15.10.2007 VIDE ANNEX-B TO THE W.P AND ETC., - 6 - NC: 2025:KHC:9405 WP No. 41902 of 2014 C/W WP No. 40310 of 2014 IN WP NO. 40310/2014 BETWEEN: 1. S.C. KALEGOWDA S/O LATE CHIKKACHANNEGOWDA, AGED 63 YEARS, 2. VARADARAJU S/O LATE KENCHAPPA, AGED 48 YEARS, 3. H. ESHWARAPPA S/O LATE KENCHAPPA, AGED 46 YEARS, 4. G.S. SHIVAKUMAR S/O SANGAPPA PATEL, AGED 54 YEARS, 5. CHIKKA THAMMAIAH S/O LATE VENKATEGOWDA, AGED 65 YEARS, 6. YOGESHAMMA W/O SHIVARAM, AGED 55 YEARS, 7. SHIVARAM S/O LATE KENCHAPPA, AGED 48 YEARS, 8. JAVAREGOWDA S/O LATE CHIKKA CHANNEGOWDA, AGED 45 YEARS, - 7 - NC: 2025:KHC:9405 WP No. 41902 of 2014 C/W WP No. 40310 of 2014 9. BORAPPA S/O LATE SIDDAPPA, AGED 50 YEARS, PETITIONERS NO.1 TO 9 ARE RESIDENTS OF NAVILEBASAVAPURA VILLAGE, KASABA HOBLI, BHADRAVATHI TALUK, SHIMOGA DISTRICT - 577 301. ...PETITIONERS (BY SRI. S.V. PRAKASH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF INDUSTRIES & COMMERCE. VIDHANA SOUDHA, BANGALORE - 560 001. 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, (A GOVERNMENT OF KARNATAKA UNDERTATING), NO.14/3, 2ND FLOOR, R.P. BUILDING, NRUPATHUNGA ROAD, BANGALORE - 560 001. REPRESENTED BY ITS MANAGING DIRECTOR. 3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, INDUSTRIAL AREA, BYKAMPADI, MANGALORE - 575 011. 4. ASSISTANT SECRETARY KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, ZONAL OFFICE, KARUR INDUSTRIAL AREA, PLOT NO.CAJ (1-B), P.B.ROAD, - 8 - NC: 2025:KHC:9405 WP No. 41902 of 2014 C/W WP No. 40310 of 2014 DAVANAGERE - 577 006. 5. DEPUTY COMMISSIONER SHIMOGA DISTRICT, SHIMOGA CITY - 577 201. 6. ASSISTANT COMMISSIONER SHIMOGA SUB-DIVISION, SHIMOGA CITY - 577 201. 7. B.G. VASAPPA GOWDA S/O G. GANGAIAH, AGED ABOUT 56 YEARS, "PADMANILAYA" LAKKAPPA LAYOUT, KASHIPURA, SHIMOGA CITY - 577 203. 8. S.G. SUNIL, S/O GOPALA KRISHNA, AGE:MAJOR, AGED ABOUT 4TH CROSS, VYYALIKAVAL BANGALORE - 560 003. AND ALSO RESIDING AT NO.392, "SRI MANJUNATHAKRUPA", 2ND BLOCK, VINOBANAGARA, SHIMOGA CITY - 577 203. 9. M/S. E. RAMAMURTHY MINERALS AND METALS PRIVATE LTD., (A COMPANY INCORPORATED) NO.59, 12TH MAIN, (OLD 24TH MAIN), B.S.K. IST STAGE, 1ST BLOCK, SRINAGAR, BANGALORE - 50. REPRESENTED BY ITS MANAGING DIRECTOR. 10. GENERAL MANAGER M/S E. RAMAMURTHY MINERALS AND METALS PRIVATE LTD., - 9 - NC: 2025:KHC:9405 WP No. 41902 of 2014 C/W WP No. 40310 of 2014 NAVILEBASAVAPURA VILLAGE, POST: BIDARE, BHADRAVATHI TALUK - 577 301, SHIMOGA DISTRICT. ...RESPONDENTS (BY SRI. SPOORTHI HEGDE N, HCGP FOR R1, R5 AND R6; SRI. ASHOK NAYAK, ADVOCATE FOR R2; SMT. VAISHALI HEGDE, ADVOCATE FOR R7, R9 AND R10; R8 SERVED - UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (i) QUASH THE NOTIFICATION ISSUED BY THE R-2 DATED 15.10.2007 DECLARING THE LANDS MEASURING 120 ACRES 13 GUNTAS SITUATED AT NAVILEBASAVAPURA VILLAGE IN BHADRAVATHI TALUK, SHIMOGA DISTRICT AND 2 ACRES 16 GUNTAS OF LAND SITUATED AT HONNAVILE VILLAGE, SHIMOGA TALUK AS INDUSTRIAL AREA IN TERMS OF SEC.3(1) AND 1(3) OF KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD ACT VIDE ANNEX-B TO THE W.P AND ETC., THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned counsel for the petitioners submits that memo of retirement has been filed on behalf of learned counsel. - 10 - NC: 2025:KHC:9405 WP No. 41902 of 2014 C/W WP No. 40310 of 2014 2. This Court finds that the writ petition is already dismissed as against petitioner Nos.5 to 11 by order dated 09.03.2018. 3. Learned counsel however, submits that file has been returned to the petitioners and no alternative arrangement is made. It appears that the petitioners have no interest in prosecuting the petition. 4. In that view of the matter, the writ petitions stand dismissed for non-prosecution. SD/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 19 CT: BHK