- 1 - HC-KAR NC: 2025:KHC:36885 WP No. 18163 of 2025 C/W WP No. 18623 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 18163 OF 2025 (LA-KIADB) C/W WRIT PETITION NO. 18623 OF 2025 (LA-KIADB) IN WP No. 18163/2025: BETWEEN: SRI. N.K. MANJUNATH S/O SRI B. KEMPANNA AGED ABOUT 44 YEARS, R/AT NO.91, NEAR GOVT. SCHOOL, NAGENAHALLI VILLAGE, SINGANAYAKANAHALLI, YELAHANKA HOBLI, BENGALURU – 560 064. …PETITIONER (BY SRI. VISHWANATHA R. HEGDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, AMBEDKAR VEEDHI BENGALURU – 560 001 REPRESENTED BY ITS ADDL. CHIEF SECRETARY TO GOVERNMENT. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36885 WP No. 18163 of 2025 C/W WP No. 18623 of 2025 2. THE SPECIAL LAND ACQUISITION OFFICER-2 KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.39, ‘SHANTHIGRAHA’ 4TH FLOOR, BHARATH SCOUTS AND GUIDES BUILDING PALACE ROAD BENGALURU – 560 001. 3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU – 560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1; SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASHING THE PRELIMINARY NOTIFICATION BEARING NO.CI 17 SPQ 2022 DTD 29.03.2025 VIDE ANNEXURE-F ISSUED BY THE R-1 IN RESPECT OF THE SCHEDULE PROPERTY AS THE INITIATION OF ACQUISITION PROCEEDINGS BY THE RESPONDENT IS WITHOUT APPLICATION OF MIND ARBITRARY AND WITHOUT AUTHORITY OF LAW AND ETC. IN WP NO. 18623/2025: BETWEEN: SMT. LAKSHMIDEVAMMA W/O LATE B. KEMPANNA, - 3 - HC-KAR NC: 2025:KHC:36885 WP No. 18163 of 2025 C/W WP No. 18623 of 2025 AGED ABOUT 75 YEARS, R/AT NO.91, NEAR GOVT. SCHOOL, NAGENAHALLI VILLAGE, SINGANAYAKANAHALLI, YELAHANKA HOBLI, BENGALURU-560 064 ...PETITIONER (BY SRI. VISHWANATHA R. HEGDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560 001 REPRESENTED BY ITS ADDL . CHIEF SECRETARY TO GOVERNMENT. 2. THE SPECIAL LAND ACQUISITION OFFICER-2 KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.39, ‘SHANTHIGRAHA’, 4TH FLOOR, BHARATH SCOUTS AND GUIDES BUILDING, PALACE ROAD, BENGALURU-560 001. 3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. ...RESPONDENTS - 4 - HC-KAR NC: 2025:KHC:36885 WP No. 18163 of 2025 C/W WP No. 18623 of 2025 (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1; SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO TO QUASH THE PRELIMINARY NOTIFICATION BEARING NO.CI 17 SPQ 2022 DATED 29-03-2025 VIDE ANNEXURE-F ISSUED BY THE 1ST RESPONDENT IN RESPECT OF THE SCHEDULE PROPERTY AS THE INITIATION OF ACQUISITION PROCEEDINGS BY THE RESPONDENTS IS WITHOUT APPLICATION OF MIND, ARBITRARY AND WITHOUT AUTHORITY OF LAW AND ETC. THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners in both the petitions are before this Court seeking the following prayer: “(a) issue a writ in the nature of certiorari or any other writ, order or direction, quashing the Preliminary Notification bearing No.CI 17 SPQ 2022 dated 29-03-2025 vide Annexure-F issued by the 1st respondent in respect of the schedule property as the initiation of acquisition proceedings by the respondents is without application of mind, arbitrary and without authority of law; (b) issue a writ of mandamus directing the respondents not to interfere with the petitioner's peaceful possession and enjoyment of schedule property. - 5 - HC-KAR NC: 2025:KHC:36885 WP No. 18163 of 2025 C/W WP No. 18623 of 2025 (c) grant such other relief as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity” 2. Heard Sri Vishwanatha R. Hegde, learned counsel for petitioners, Sri Spoorthy Hegde N., learned High Court Government Pleader for respondent No.1 and Sri H.L.Pradeep Kumar, learned counsel for respondent Nos.2 and 3, in both petitions. 3. The petitioners in both these cases are said to be the land owners of the lands, which have now become the subject matter of acquisition by issuance of a preliminary notification under Sub-section (1) of Section 28 of the Karnataka Industrial Areas Development Act, 1966 (for short ‘the Act’). The further steps are not taken by the respondents - Karnataka Industrial Areas Development Board (for short ‘the Board’). The petitioners apprehend that their properties would be taken off by the Board without following due process of law. The apprehension does not hold any rationality, as the Board cannot take away the properties of the petitioners without due process of law. Due process of law would be following every tenet under Section 28 of the Act seeking acquisition. - 6 - HC-KAR NC: 2025:KHC:36885 WP No. 18163 of 2025 C/W WP No. 18623 of 2025 4. Therefore, the petitioners shall have the liberty of urging all their contentions urged in the subject petitions, in the event of need in the future. It is needless to observe that the Board would not dispossess the petitioners, unless proceedings are initiated in accordance with law and the acquisition proceedings taken to its logical conclusion. 5. In the light of the aforesaid observations, there is no warrant of interference at this stage. Reserving liberty as aforesaid, the petitions stand disposed. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 36