- 1 - HC-KAR NC: 2025:KHC:41480 WP No. 28100 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 28100 OF 2025 (LA-KIADB) BETWEEN: THE ACCOUNTANT GENERAL'S OFFICE EMPLOYEES CO-OPERATIVE HOUSING SOCIETY LTD., HAVING ITS OFFICE AT PAG (A AND E) BUILDING, PARK HOUSE ROAD, BENGALURU - 560001, REPRESENTED BY ITS PRESIDENT, SRI R B BHAGAVAN, UNDE REGISTERED CO-OPERATIVE SOCIETY ACT. …PETITIONER (BY SRI SHARAN B T, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY DEPARTMENT OF INDUSTRIES AND COMMERCE, VIDHANA SOUDHA, BENGALURU - 560001. REPRESENTED BY ITS UNDER SECRETARY. 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, EAST WING, KAHIJA BHAVAN, RACE COURSE ROAD, BENGALURU - 560 001, REPRESENTED BY ITS CEO AND EXECUTIVE MEMBER. …RESPONDENTS (BY SRI HARISHA A S, AGA FOR R1, SRI SHARAN SABARAD, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION, SETTING ASIDE PRELIMINARY NOTIFICATION DATED 15.03.2024 BEARING NO. CI 58 SPQ 2024 PRODUCED AT ANNEXURE-L IN SO FAR AS SY. NO. 106/1 OF ADIGARAKALLAHALLI VILLAGE, SARJAPURA HOBLI, ANEKAL Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41480 WP No. 28100 of 2025 TALUK, BANGALORE, WHEREIN THE SCHEDULE SITES ARE FORMED AND ETC. 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., the learned Additional Government Advocate accepts notice for respondent No.1. 2. Sri.Sharan Sabarad, learned counsel is directed to accept notice for respondent No.2. 3. Petitioner is before this Court seeking for the following reliefs: "I. Issue a Writ of Certiorari or any other writ, order or direction, setting aside Preliminary Notification dated 15.03.2024 bearing No.CI 58 SPQ 2024 produced at Annexure-L in so far as Sy.No.106/1 of Adigarakallahalli village, Sarjapura Hobli, Anekal Taluk, Bangalore, wherein the schedule sites are formed. II. Issue a Writ of Mandamus or any other writ, order, directing Respondent No.2 to pass appropriate order's as against detailed objections filed by - 3 - HC-KAR NC: 2025:KHC:41480 WP No. 28100 of 2025 Petitioner dated 02.04.2024 and 13.11.2024 (Annexure/s M and N) to the Preliminary Notification dated 15.03.2024 (Annexure-L). III. Issue a Writ of Mandamus or any other writ, order of direction, restraining the Respondents from interfering with the possession and ownership of the Petitioner as well as their subsequent purchaser/s in respect of the Schedule Property. IV. Issue such other directions as this Hon'ble Court may deem fit to grant in the circumstances of the case." 4. Heard the learned counsel for the petitioner, learned Additional Government Advocate for respondent No.1, learned counsel for respondent No.2. Perused the material on record. 5. Learned counsel appearing for the petitioner submits that the petitioner had filed objection to the preliminary notification issued under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (for short 'Act of 1966'). It is submitted that the notification - 4 - HC-KAR NC: 2025:KHC:41480 WP No. 28100 of 2025 was issued without issuing individual notice to the owners as required under the Act and hence, the same is vitiated. 6. It is further submitted that the petitioner's objections dated 02.04.2024 and 13.11.2024 to the preliminary notification dated 15.03.2024 are yet to be considered by respondent No.2 in accordance with law. 7. Learned counsel appearing for the respondents fairly submits that the objection filed by the petitioner under Section 28(2) of the Act of 1966 would be duly considered and appropriate orders would be passed under Section 28(3) of the Act of 1966. 8. The submission is recorded. 9. The grievance of the petitioner would stand redressed if appropriate direction is issued to the respondents to consider the petitioner's objection before passing the final notification. 10. Accordingly, this Court passes the following: - 5 - HC-KAR NC: 2025:KHC:41480 WP No. 28100 of 2025 ORDER (i) The Writ Petition is disposed of. (ii) Respondent No.2 is directed to consider the objections filed by the petitioner dated 02.04.2024 and 13.11.2024 at Annexures- M and N to the preliminary notification dated 15.03.2024 and pass appropriate orders after affording sufficient and reasonable opportunity to the petitioner, in accordance with law. Sd/- _____________________ JUSTICE K.S. HEMALEKHA GVP List No.: 1 Sl No.: 28