- 1 - HC-KAR NC: 2025:KHC:51993 WP No. 28304 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.28304 OF 2024 (LA-KIADB) BETWEEN: M/S. S.A.R. ENGINEERS LTD., (LOGISTICS AND FABRICATORS) HAVING ITS OFFICE AT NO.573/1, 10TH CROSS, 5TH MAIN, J.P. NAGAR 3RD PHASE, BENGALURU-560078. REPRESENTED BY ITS PROPRIETOR SRI Y. ASHOK REDDY AGED ABOUT 63 YEARS, S/O SRI YELLA REDDY C/O. NO.573/1, 10TH CROSS, 5TH MAIN, J.P.NAGAR 3RD PHASE, BENGALURU-560078. …PETITIONER (BY SMT. ROHINI K.M., ADVOCATE) AND: 1. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, #49, 4TH AND 5TH FLOORS, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-56001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER & EXECUTIVE MEMBER. 2. THE ASSISTANT SECRETARY THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, #49, 4TH AND 5TH FLOORS, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-56001. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51993 WP No. 28304 of 2024 3. EXECUTIVE ENGINEER-2 KIADB ZONAL OFFICE, ARAVINDA BHAVAN, NRUPATHUNGA ROAD, BENGALURU-560001. 4. THE LAND ACQUISITION OFFICER-2 THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO.-39, SHANTHI GRUHA, BHARATH SCOUTS AND GUIDES BUILDING, FOURTH FLOOR, PALACE ROAD, BENGALURU-560 001. 5. SRI KIRAN KUMAR C/O. AYUSH ENTERPRISES, NO.80, KACHANAYAKANAHALLI, HENNAGARA POST, JIGANI HOBLI, ANEKAL TALUK, BANGALORE URBAN DISTRICT-560105. 6. SRI PRASHANTH KUMAR C/O. AYUSH ENTERPRISES, NO.80, KACHANAYAKANAHALLI, HENNAGARA POST, JIGANI HOBLI, ANEKAL TALUK, BANGALORE URBAN DISTRICT-560105. …RESPONDENTS (BY SRI MONESH KUMAR K.B., ADVOCATE FOR R-1, R-2 & R-4; SMT. ANUPARNA BORDOLOI, ADVOCATE FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NOS.1 TO 4 TO SURVEY THE SCHEDULE ‘A’ AND SCHEDULE ‘B’ PROPERTIES AND FIX AND MARK THE BOUNDARIES OF THE SCHEDULE ‘A’ AND SCHEDULE ‘B’ PROPERTIES AND TO SOLVE THE DISPUTE WITH RESPONDENT NOS.5 AND 6 AND OTHER VILLAGES AND TO ALLOW THE PETITIONER TO START HIS PROJECT. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:51993 WP No. 28304 of 2024 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has approached this Court seeking a writ of mandamus directing respondent Nos.1 to 4 to survey the schedule-‘A’ and ‘B’ properties, fix and mark their boundaries, resolve the boundary dispute with respondent Nos.5 and 6 and other villagers and consequently permit the petitioner to commence the project. Further direction is sought for extension of the lease period in terms of Annexure-A. 2. Heard learned counsel for the petitioner and learned counsel for the respondents. 3. During the course of hearing, the learned counsel for respondent No.3 has produced a letter dated 08.12.2025 issued by respondent No.4 to the Tahasildar, directing him to conduct a survey and fix the boundaries of the subject properties on 11.12.2025. - 4 - HC-KAR NC: 2025:KHC:51993 WP No. 28304 of 2024 4. The said memo along with the letter is taken on record. 5. The factual position, which is not in dispute, is that respondent No.2 has executed a lease-cum-sale agreement in favour of the petitioner on 09.02.2024, followed by execution of a deed of rectification and issuance of a possession certificate. 6. The principal grievance of the petitioner is that despite execution of the lease-cum-sale agreement and delivery of possession, the boundaries of ‘A’ and ‘B’ properties have not been surveyed, fixed and demarcated. 7. In view of the categorical submission made on behalf of respondent No.3 and the communication already issued to the Tahasildar for conducting the survey on a specified date, this Court is of the considered opinion that the grievance of the petitioner in so far as boundary demarcation is concerned, would stand redressed by - 5 - HC-KAR NC: 2025:KHC:51993 WP No. 28304 of 2024 issuing appropriate directions to ensure that the survey is conducted as scheduled and in accordance with law. 8. Insofar as the prayer seeking extension of the lease period is concerned, clause 7 of the Transfer Of Leasehold Right (Annexure-A) provides that the lessee is required to seek extension of time by making a written application, assigning valid reasons to the concerned investment approving committees through the lessor. The said clause further vests discretion in the competent committee to consider such request in accordance with law. 9. In view of the matter, the petitioner is at liberty to submit an appropriate application seeking extension of time to the competent committee and if such an application is made, the same shall be considered strictly in accordance with law. Accordingly, the writ petition stands disposed of with the following observations: - 6 - HC-KAR NC: 2025:KHC:51993 WP No. 28304 of 2024 i. Respondent No.4 having already directed the Tahasildar to conduct the survey on 11.12.2025, the Tahasildar shall conduct the survey on the said date, fix and mark the boundaries of schedule ‘A’ and ‘B’ properties. ii. If the petitioner submits an application seeking extension of time for completion of the project, the competent authority shall consider the same in accordance with law and in terms of Annexure-A. iii. The Additional Government Advocate is directed to intimate the concerned Tahasildar to ensure that the survey is conducted on 11.12.2025 in the presence of both the parties. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 22