- 1 - NC: 2025:KHC:18079 WP No. 21956 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 21956 OF 2024 (LA-KIADB) BETWEEN: 1. 1a. 1b. 1c. 1d. SMT. CHANDRAKANTH W/O. KRISHANNARAYAN, SINCE DECEASED, REP BY LRS SRI. E. KRISHNA NARAYANA S/O LATE ERAPPA AGED ABOUT 88 YEARS, R/O. 34B, 2ND CROSS, AUSTINTOWN LAYOUT, BANGALORE-560047. SRI HARISH KUMAR S/O E. KRISHNA NARAYANA AGED ABOUT 48 YEARS R/O. 34B, 2ND CROSS, AUSTINTOWN LAYOUT, BANGALORE-560047. SMT. RAJALAKSHMI W/O DECEASED SON K. NANDAKUMAR AGED ABOUT 46 YEARS R/O. 34B, 2ND CROSS, AUSTINTOWN LAYOUT, BANGALORE-560047. SMT. BHUVANA D/O E.KRISHNA NARAYANA AGED ABOUT 43 YEARS R/O. 34B, 2ND CROSS, Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18079 WP No. 21956 of 2024 AUSTINTOWN LAYOUT, BANGALORE-560047. …PETITIONERS (BY SRI. ANIL SHEKAR K S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES, M.S. BUILDING, VEEDHANA VEEDHI, DR.AMBEDKAR ROAD, BANGALORE-560 001. 2. SPECIAL LAND ACQUISITION OFFICER -1, KIABD (BMICP), 14/3, 1ST FLOOR, MAHARSHI ARVINDA BHAVANA, NRUPATHUNGA ROAD, BANGALORE-560001. 3. M/S NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LIMITED NO.1, MIDFORD GARDEN, OFFICE AT M.R. ROAD BANGALORE-560 001 …RESPONDENTS (BY PROF. RAVIVARMA KUMAR., SR. COUNSEL FOR SRI. S.A. AHMED & SRI. MALHARA RAO., AAG DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABU RAO SP. GOVT. ADVOCATES FOR R1 SRI. DILDAR SHIRHALLI., ADVOCATE FOR R2 SRI. R.V.S. NAIK., SR. COUNSEL FOR SRI. NITIN PRASAD., ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DTD 27.02.2023 VIDE NO. (BMICP/LQ(1) CR 504/2022-23) ISSUED BY THE R-2 (ANNX-A) R-2 TO ISSUE NO OBJECTION TO PETITIONER TO DEVELOP THE LAND SURVEY NO. 270(OLD SURVEY NO. 2121/3) SITUATED AT KENGERI VILLAGE KENGERI HOBLI BANGALORE SOUTH TALUK BY - 3 - NC: 2025:KHC:18079 WP No. 21956 of 2024 DROPPING THE LAND IN ACQUISITION PROCEEDINGS AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The petitioners are seeking to quash the impugned endorsement dated 27.02.2023, issued by the 2nd respondent-Special Land Acquisition Officer stating that the lands in Sy.No.121 have been notified and a preliminary notification under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966, has been issued on 19.12.1998. 2. Learned Counsel for the petitioners submits that the impugned notification has been subject matter of 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 - 4 - NC: 2025:KHC:18079 WP No. 21956 of 2024 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 petitioners. 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 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 petitioners are also entitled for similar relief. - 5 - NC: 2025:KHC:18079 WP No. 21956 of 2024 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, and endorsement dated 27.02.2023 at Annexure-A, are hereby quashed and set aside, insofar as the petitioners 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. 7. Pending I.As., if any stand disposed of. Sd/- (R DEVDAS) JUDGE DL CT: JL