- 1 - HC-KAR NC: 2025:KHC:43006 WP No. 23794 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.23794 OF 2025 (LA-KIADB) BETWEEN: 1. SRI SAHADEVA @ SAHADEVAIAH S/O LATE KAMBAIAH, AGED ABOUT 65 YEARS, RESIDING AT HOUSE NO.37, VAJARAHALLI VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT-562109. 2. SRI NAGARAJU .K S/O LATE KAMABAIAH, AGED ABOUT 51 YEARS, RESIDING AT HOUSE NO.19, CHALLEGHATTA VILLAGE, KUMBALAGODU POST, KENGERI HOBLI, BENGALURU DISTRICT-560060. 3. SRI NAGARAJU S/O KAKAPPA @ RAMAIAH, AGED ABOUT 61 YEARS, RESIDING AT HOUSE NO.26/2, 17 MAIN ROAD, 2ND CROSS, SUBRAMANYA NAGARA, BENGALURU-560021. …PETITIONERS (BY SRI SRIHARI A.V., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, BENGALURU-560001. REP. BY ITS UNDER SECRETARY. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43006 WP No. 23794 of 2025 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001. REP. BY ITS CHIEF EXECUTIVE OFFICER. 3. SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.14/3, 2ND FLOOR, ARAVIND BHAVAN, NRUPATHUNGA ROAD, BENGALURU-569001. 4. NANDI ECONOMIC CORRIDOR ENTERPRISES LIMITED OFFICE AT NO.1, MIDFORD HOUSE, MIDFORD GARDENS, OFF M.G. ROAD, BENGALURU-560001. REP. BY ITS MANAGING DIRECTOR. 5. NANDI INFRASTRUCTURE CORRIDOR ENTERPRISE LTD., NO.1, MIDFORD HOUSE, MIDFORD GARDENS, OFF M.G. ROAD, BENGALURU-560001 REP. BY ITS AUTHORISED SIGNATORY. (AMENDED AS PER VIDE COURT ORDER DATED 28.10.2025) …RESPONDENTS (BY SRI RAVINDRA V. REDDY, ADVOCATE FOR R-1; SRI VASANTHA, ADVOCATE FOR R-2 & R-3; SRI NITIN PRASAD, ADVOCATE FOR R-4; SRI S.B. MATHAPATHI, ADVOCATE FOR R-5) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE PRELIMINARY NOTIFICATION DATED 29.01.2003 BEARING NO.CI-196-SPQ 98 VIDE ANNEXURE-A, ISSUED BY THE FIRST RESPONDENT NOTIFYING THE PETITIONERS LAND MEASURING 4 ACRES IN SY.NO.159 OF KOMMAGHATTA VILLAGE, KENGERI HOBLI, RAMANGARA BENGALURU SOUTH TALUK AS THE ACQUISITION PROCEEDINGS HAVE BEEN ABANDONED, LAPSED AND NULL AND VOID AND ETC. THIS PETITION COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:43006 WP No. 23794 of 2025 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners have approached this Court seeking to quash the preliminary notification dated 29.01.2003 (Annexure-A) issued by respondent No.1, notifying the petitioners’ land measuring 4 acres in Survey No.159 of Komaaghatta Village, Kengeri Hobli, Ramanagara, Bengaluru South Taluk, contending that the acquisition proceedings have lapsed, been abandoned, and are null and void, further a writ of mandamus directing the respondents not to interfere with the petitioners’ peaceful possession and enjoyment of the schedule property. 2. Learned counsel for the petitioners submits that the impugned preliminary notification was the subject matter in several writ petitions before this Court, and in all such cases, the notification was quashed in respect of the petitioners therein. He relies on the - 4 - HC-KAR NC: 2025:KHC:43006 WP No. 23794 of 2025 decision of the Co-Ordinate Bench of this Court in the case of Sri. M.R.R. Setty and others Vs. the State of Karnataka and others1 (M.R.R. Setty), wherein the impugned notification was quashed, and the said order was confirmed in W.A. Nos.800/2017 & 4219- 4221/2017 disposed of on 22.03.2018. 3. Learned counsel appearing for respondent No.4 submits that the directions issued to the respondent-State Government in the case of Sri Natawarlal Jasu Vs. The State of Karnataka and others2 (Natawarlal Jasu) may be made applicable to NICE as well. He further submits that in a similar context, an identical writ petition was disposed of in M.D. Shivanna v. State of Karnataka and others3 (M.D. Shivanna). 1 W.P. Nos.20610-20612/2016 D.D. 04.11.2016 2 W.P. No.4399/2023 D.D. 28.07.2023 3 W.P. NO.15416/2023 D.D. 28.04.2025 - 5 - HC-KAR NC: 2025:KHC:43006 WP No. 23794 of 2025 4. Learned counsel for respondent Nos.2 and 3 does not dispute the decisions relied upon by the petitioners’ counsel. 5. In view of the fact that the very same preliminary notification has already been quashed by the Co-ordinate Bench of this Court in M.R.R. Setty’s case which has been upheld in the writ appeal, and considering that no final notification had been issued despite passage of 23 years, the issue involved in the present petition is squarely covered in the present writ petition and no more a res integra, and therefore, writ petition deserves to be allowed. Accordingly this Court pass the following: ORDER i. The writ petition is allowed. ii. The impugned preliminary notification dated 29.01.2003, issued under Section 28 (1) of the Karnataka Industrial Areas Development Act, - 6 - HC-KAR NC: 2025:KHC:43006 WP No. 23794 of 2025 1966 (‘KIAD Act’ for short) by respondent No.1 at Annexure-A, insofar as the petitioners’ land is concerned, is hereby quashed. iii. It is made clear that this order will not come in the way of acquiring the schedule property by issuing notification afresh in accordance with law, if they so intend. iv. Liberty is also reserved to respondent Nos.4 and 5 to proceed against the other respondents in accordance with law, if any grievance against them. All contentions in that regard are kept open. Pending I.A.s, if any, would not survive. Accordingly, the same are disposed of. Sd/- _____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 35