- 1 - NC: 2025:KHC:17037 WP No. 25750 of 2024 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. 25750 OF 2024 (LA-KIADB) BETWEEN: SRI. SYED SHA VALIULLA, S/O LATE SYED ABU RIZWAN, AGED ABOUT 56 YEARS, R/AT 11, LAKE VIEW LAYOUT, CHRISTIAN COLONEY, 2ND STATE RAJEEV NAGAR, MYSURU-570 019. …PETITIONER (BY SRI. N. NANJUNDASWAMY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE, (INDUSTRIAL DEVELOPMENT), M.S BUILDING, DR.AMBEDKAR VEEDI, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (KIADB), NO.49, 4TH AND 5TH FLOOR, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU - 560 001. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17037 WP No. 25750 of 2024 3. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, (BMICP) NO.2083/2, 1ST CROSS, SUBASH NAGAR, MANDYA -571 401. 4. BENGALURU MYSURU INFRASTRUCTURE CORRIDOR ARE PLANNING AUTHORITY (BMICAPA) NO.5, 2ND FLOOR, LOOP LANE, RACE COURSE ROAD, BENGALURU- 560 009. REPRESENTED BY ITS MEMBER SECRETARY. 5. M/S. NANDI INFRASTRUCTURE CORRIDOR ENTERPRISE LTD., NO.1, MIDFORD HOUSE, MIDFORD GARDENS, OFF. MG ROAD, BENGALURU – 560 001. REP. MANAGING DIRECTOR. …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. C CHANNEGOWDA., ADVOCATE FOR R2 & R3 SRI. YOGESH D NAIK, 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 DIRECT TO QUASH THE PRELIMINARY NOTIFICATION ISSUED BY THE R-1 SPECIAL GAZETTE NOTIFICATION DTD 03.07.1999, PUBLISHED AT SI.38(1), (2), (6) AND (7) MADE IN REFERENCE NO. CI 196 SPQ 98 AT NO. 762 OF PART- III AT ANNEXURE-A IN SO FAR AS ACQUISITION OF THE LAND OF THE PETITIONERS VENDORS IN SY NO. 57/1, MEASURING 1 ACRE 37 GUNTAS, 1 ACRE AND 1 ACRE AFTER PHODED 0.37 GUNTAS IN SY NO. - 3 - NC: 2025:KHC:17037 WP No. 25750 of 2024 51/7, 0.20 GUNTAS IN SY NO. 51/8 AND 0.20 GUNTAS IN SY NO. 51/9 SITUATED AT HEBBADI VILLAGE, KASABA HOBLI, SRIRANGAPATNA TALUK IS CONCERNED. 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 03.07.1999, 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. - 4 - NC: 2025:KHC:17037 WP No. 25750 of 2024 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 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 03.07.1999 issued under Section 28(1) of the Karnataka Industrial Areas - 5 - NC: 2025:KHC:17037 WP No. 25750 of 2024 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. Sd/- (R DEVDAS) JUDGE DL CT:AG