- 1 - HC-KAR NC: 2025:KHC:46676 WP No. 34237 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 34237 OF 2025 (LA-KIADB) BETWEEN: 1. SRI.SHIVANNA AGED ABOUT 52 YEARS, S/O S NARAYANAPPA R/AT KANNAMANGALA, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110. 2. SRI MAHESH A AGED ABOUT 40 YEARS, S/O ANJANAPPA R/AT DODDAGOLLAHALLI ALURDUDDANAHALLI, BANGALORE RURAL DISTRICT-562131. …PETITIONERS (BY SRI KRISHNAMOORTI L. BHAT, ADVOCATE FOR SRI CHIRANJEEVI K.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BANGALORE -560001. 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46676 WP No. 34237 of 2025 EAST WING, KHANIJA BHAVANA, RACE COURSE ROAD, BANGALORE- 560001, REP. BY CEO AND EM. 4. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, MAHARSHI ARAVINDA BHAVANA, 1ST FLOOR, NRUPATUNGA ROAD, BANGALORE -560001. …RESPONDENTS (BY SRI. HARISHA A.S., AGA FOR R1 SRI H.L. PRADEEP KUMAR, ADVOCATE FOR R2 & R3) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION NO. CI 17 SPQ 2022 DATED 29.03.2025 PASSED BY R2 ATTACHED HEREWITH ANNX-K INSOFAR AS THE PETITIONERS ARE CONCERNED. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Sri.Harisha A.S., learned AGA accepts notice for respondent No.1. 2. Learned counsel Sri.H.L.Pradeep Kumar is directed to accept notice for respondents No.2 and 3. - 3 - HC-KAR NC: 2025:KHC:46676 WP No. 34237 of 2025 3. The petitioners claim to be in lawful possession and enjoyment of the schedule property, having acquired under registered sale deed dated 22.04.2024. Respondent No.1 issued preliminary notification dated 29.03.2025 under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (for short “the KIAD Act”) vide Annexure-K for the benefit of respondent No.2. 4. Learned counsel for the petitioners submits that the impugned notification issued is in contravention of the Circular dated 03.03.2007, wherein it directs the KIADB to exclude the lands converted for non- agricultural purpose, horticultural lands, lands where double crops are grown and the lands with petrol bunks from acquisition. The petitioners’ land is converted from agriculture to non-agricultural use by the erstwhile owner by order dated 13.06.1996 passed - 4 - HC-KAR NC: 2025:KHC:46676 WP No. 34237 of 2025 by the Deputy Commissioner and he has paid requisite conversion charges. It is further contended that the names of the petitioners do not figure in the preliminary notification, instead name of the erstwhile owner is shown, which has caused prejudice. 4. Per contra, learned counsel for the respondents submit that the writ petition is premature. It is submitted that only a preliminary notification has been issued and the petitioners have a statutory remedy of filing objections, if any, under Section 28(2) of the KIAD Act. 5. This court has considered the submissions urged and perused the material on record. 6. Section 28(1) to (4) of the KIADB Act for the purpose of this petition reads thus: “28.Acquisition of land: (1) If at any time, in the opinion of the State Government, any - 5 - HC-KAR NC: 2025:KHC:46676 WP No. 34237 of 2025 land is required for the purpose of development by the Board, or for any other purpose in furtherance of the objects of this Act, the State Government may by notification, given notice of its intention to acquire such land. (2) On publication of a notification under sub-section (1), the State Government shall serve notice upon the owner or where the owner is not the occupier, on the occupier of the land and on all such persons known or believed to be interested therein to show cause, within thirty days from the date of service of the notice, why the land should not be acquired. (3) After considering the cause, if any, shown by the owner of the land and by any other person interested therein, and after giving such owner and person an opportunity of being heard, the State Government may pass such orders as it deems fit. - 6 - HC-KAR NC: 2025:KHC:46676 WP No. 34237 of 2025 (4) After orders are passed under sub- section (3), where the State Government is satisfied that any land should be acquired for the purpose specified in the notification issued under sub-section (1), a declaration shall, by notification in the official Gazette, be made to that effect.” (emphasis supplied) 7. Section 28 of the KIAD Act contemplates the procedure to be followed after issuance of a preliminary notification. Upon such issuance, the land owners and the persons interested are entitled to file objections under Section 28(2). The Competent Authority, after considering such objections and hearing the objectors, is required to pass order under Section 28(3) of KIAD Act. Only thereafter, the State Government may issue a declaration under Section 28(4) of the KIAD Act. - 7 - HC-KAR NC: 2025:KHC:46676 WP No. 34237 of 2025 8. In the present case, though the petitioners have raised grounds regarding conversion status and incorrect reflection of names, such grounds can be effectively urged before the Competent Authority in the objections to be filed under Section 28(2) of KIAD Act. Without availing this statutory mechanism, the petitioners cannot maintain the writ petition at this premature stage. 9. In view of the above, reserving liberty to the petitioners to raise all permissible grounds before the Competent Authority, the following: ORDER (i) The writ petition is disposed of. (ii) Liberty is reserved to the petitioners to file their detailed objections to the preliminary notification dated 29.03.2025 as enumerated under sub-sections (2) and (3) of Section 28 of the KIAD Act. - 8 - HC-KAR NC: 2025:KHC:46676 WP No. 34237 of 2025 (iii) On such objections being filed, the State Government (SLAO-Respondent) shall consider the same and pass appropriate orders strictly in accordance with Section 28(3) of the KIAD Act and proceed further under sub-sections (4) and (5) of Section 28 of the KIAD Act. (iv) Till such consideration and order to be passed thereon, no coercive action including possession, shall be initiated against the petitioners. Sd/- ______________________ (JUSTICE K.S. HEMALEKHA) MPK CT:bms List No.: 1 Sl No.: 13