- 1 - NC: 2025:KHC:17043 WP No. 20298 of 2023 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. 20298 OF 2023 (LA-KIADB) BETWEEN: M/S. FORMANU SERVICES A REGISTERED PARTNERSHIP FIRM OFFICE AT:- NO 1807, 4TH FLOOR, 5TH MAIN ROAD, 1ST BLOCK, NEAR NAGAVARA JUNCTION, HBR LAYOUT, BENGALURU – 560 043. REP BY ITS PARTNER SHARAN DHAREAPPA BANDI, S/O. DHAREAPPA …PETITIONER (BY SRI. B RAMESH.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY PRINCIPAL SECRETARY DEPARTMENT OF INDUSTRIES AND COMMERCE (INDUSTRIAL DEVELOPMENT) M.S. BUILDING, BENGALURU – 560 001. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO 14/3, RASHTROTHANA PARISHATH 2ND FLOOR, NRUPTHUNGA ROAD, BENGALURU – 560 001, REPRESENTED BY SPECIAL DEPUTY COMMISSIONER. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17043 WP No. 20298 of 2023 3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (BMICP) 1ST FLOOR, MARASHI ARAVIND BHAVAN NRUPATHUNGA ROAD, BENGALURU -560 001. 4. M/S NANDI INFRASTRUCTURE CORRIDOR ENTERPRISE LTD., NO.1, FORD GARDENS, OPP M.G. ROAD, BENGALURU – 560 001. REP. BY THE MANAGING DIRECTOR. (REGISTERED UNDER COMPANIES ACT, 1956) 5. NANDI ECONOMIC CORRIDOR ENTERPRISE LTD., NO 1, MIDFORD HOUSE, MIDFORD GARDENS, OFF M.G. ROAD, BENGALURU – 560 001. REP. BY THE MANAGING DIRECTOR, (REGISTERED UNDER COMPANIES ACT, 1956) …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 & R3, SRI. S.B. MATHAPATI, ADVOCATE FOR R4, SRI. R.V.S. NAIK, SENIOR COUNSEL FOR SRI. NITIN PRASAD,ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE PRELIMINARY NOTIFICATION DATED 21/07/1999 BEARING NO. CI.198.SPQ.1998 ISSUED BY THE RESPONDENT AUTHORITY WHICH IS PRODUCED AND MARKED AS ANNEXURE-B. TO DECLARE THAT THE ACQUISITION PROCEEDINGS INITIATED BY THE RESPONDENT AUTHORITIES IN RESPECT OF THE PROPERTY BEARING SY. NO.. 45 MEASURING TO AN EXTENT OF 01 ACRE 34 GUNTAS, SITUATED AT KURUBARA KARENAHALLI VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT IS LAPSED / ABANDONED. - 3 - NC: 2025:KHC:17043 WP No. 20298 of 2023 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 21.07.1999, 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 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 - 4 - NC: 2025:KHC:17043 WP No. 20298 of 2023 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 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 21.07.1999 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. - 5 - NC: 2025:KHC:17043 WP No. 20298 of 2023 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:AG