- 1 - HC-KAR NC: 2025:KHC:49913 WP No. 21861 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.21861 OF 2025 (LA-KIADB) BETWEEN: 1. ADIBA TABASSUM W/O LATE SHABBEER PASHA, AGED ABOUT 57 YEARS, 2. ZOHEB SHABBEER S/O LATE SHABBEER PASHA, AGED ABOUT 36 YEARS, 3. UMAR SHABBEER S/O LATE SHABEER PASHA, AGED ABOUT 30 YEARS, ALL THE PETITIONERS RESIDING AT NO.96/8, AL-AMEENA APARTMENT 1ST CROSS, SOUTH END ROAD, BASAVANAGUDI, BANGALORE SOUTH, BENGALURU-560 046. …PETITIONERS (BY SMT. SADHANA S. DESAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF INDUSTRIES AND COMMERCE (INDUSTRIAL DEVELOPMENT) M.S. BUILDING, BENGALURU-560001. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO.14/3, RASHTROTHANA PARISHATH, 2ND FLOOR, NRUPTHUNGA ROAD, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49913 WP No. 21861 of 2025 BENGALURU-560001 REPRESENTED BY SPECIAL DEPUTY COMMISSIONER. 3. THE SPECIAL LAND ACQUISITION OFFICER (KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (BMICP) 1ST FLOOR, MAHARSHI ARAVIND BHAVAN, NRUPATHUNGA ROAD, BENGALURU-560001. 4. M/S. NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD., NO.1, FORD GARDENS, OPP. M.G. ROAD, BENGALURU-560 001. REPRESENTED BY ITS MANAGING DIRECTOR. (R4 IMPLEADED VIDE COURT ORDER DATED 11.11.2025) …RESPONDENTS (BY SRI SIDDARTH BABU RAO, SPL. COUNSEL FOR R-1; SRI GOPAL V. BILALMANE, ADVOCATE FOR R-2 & R-3; SRI NITIN PRASAD, ADVOCATE FOR R-4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE PRELIMINARY NOTIFICATION DATED 21/07/1999 BEARING NO.CI:196:SPQ:98 ISSUED BY THE RESPONDENT AUTHORITY PRODUCED AT ANNEXURE A, ONLY AS REGARDS SCHEDULE PROPERTIES ITEMS No. A, B, C AND G ARE CONCERNED AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:49913 WP No. 21861 of 2025 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners have approached this Court seeking for the following reliefs: "a) Issue a writ in the nature of certiorari by quashing the Preliminary Notification dated 21.07.1999 bearing No. CI:196:SPQ 98 issued by the Respondent Authority produced at Annexure A, only as regards Schedule Properties Item Nos. A, B, C and G only are concerned. b) To declare that the acquisition proceedings not having progressed from the year 1999, is deemed to have lapsed in respect of the lands mentioned in Schedule Property herein i.e., Item Nos. A, B, C and G only from acquisition proceedings. c) To pass/grant such other order/s or relief/s as this Hon’ble Court deems fit under the circumstances of the case in the interest of justice and equity.” - 4 - HC-KAR NC: 2025:KHC:49913 WP No. 21861 of 2025 2. Heard the learned counsel for the petitioners, learned Special Counsel for respondent No.1, Sri. Gopal V Bilalmane, learned counsel for respondent Nos.2 and 3 and Sri. Nithin Prasad, learned counsel for respondent No.4. Perused the material on record. 3. Learned counsel for the petitioners submits that after issuance of Preliminary Notification dated 21.07.1999, notifying the petitioners' land mentioned at schedule item Nos. A, B, C and G of the petition (for short 'schedule properties') under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (for short 'KIAD Act'), no Final Notification under Section 28(4) of the KIAD Act has been issued. It is therefore submitted that the acquisition proceedings have lapsed. Reliance is placed on several decisions of this Court wherein similar notifications were quashed, namely: i) SRI.M.R.R.SETTY Vs. STATE OF KARNATAKA AND OTHERS1. 1 WP.Nos.20610-20612/2016 and 21299/2016(LA-KIADB), D.D.04.11.2016 - 5 - HC-KAR NC: 2025:KHC:49913 WP No. 21861 of 2025 ii) RAKESH BABU GOVINDAREDDY AND OTHERS Vs. STATE OF KARNATAKA AND OTHERS2. iii) M.D.SHIVANNA Vs. STATE OF KARNATAKA AND OTHERS3. iv) C.VALLIAPPA Vs. STATE OF KARNATAKA AND OTHERS4. 4. Similarly placed persons had approached this Court in W.P. 23470/2025 which was allowed on 04.11.2025. The petitioners herein are squarely covered by the said order. Hence, this Court pass the following: ORDER i) The writ petition is allowed. ii) The impugned Preliminary Notification dated 21.07.1999, notifying the petitioners' land mentioned at schedule item Nos. A, B, C and G of the petition issued by the Respondent No.1 under Section 28(1) of the KIAD Act are declared to have been 2 WP.No.12078/2025 (LA-KIADB), D.D.10.06.2025 3 WP.No.15416/2023 (LA-KIADB), D.D.28.04.2025 4 WP.No.58400/2021 (LA-KIADB), D.D.07.06.2021 - 6 - HC-KAR NC: 2025:KHC:49913 WP No. 21861 of 2025 abandoned and lapsed and the same is hereby quashed insofar the petitioners' afore stated schedule properties are concerned. iii) This order will not come in the way of acquiring the subject properties by issuing notification afresh, in accordance with law. iv) Liberty is also reserved to the respondents- KIADB to proceed against the other respondents, in accordance with law, if there is any grievance against them. v) All the contentions in that regard are kept open. vi) No order as to costs. Sd/- ____________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 10