Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:6992 WP No. 562 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 562 OF 2025 (LA-KIADB) BETWEEN:
1.
SRI. R PRASHANTH S/O LATE M RAMAKRISHNAIAH AGED ABOUT 47 YEARS
2.
SRI R HEMANTH KUMAR S/O LATE M RAMAKRISHNAIAH AGED ABOUT 56 YEARS
3.
SRI K R RAJANNA S/O LATE RANGAIAH AGED ABOUT 72 YEARS
4.
SMT. R PARIMALA W/O K R RAJANNA AGED ABOUT 63 YEARS
5.
SRI K R KESHAVAMURTHY S/O LATE RANGAIAH AGED ABOUT 67 YEARS
ALL ARE RESIDENTS OF KASARAGHATTA VILLAGE, SOMPURA HOBLI, KAMBALU POST NELAMANGALA TALUK BENGALURU RURAL DISTRICT - 562 111.
…PETITIONERS (BY SRI. BASAVARAJU P.,ADVOCATE)
Digitally signed by SUMA B N Location: High Court of Karnataka
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NC: 2025:KHC:6992 WP No. 562 of 2025
AND:
1.
STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BENGALURU - 560 001.
REP. BY PRINCIPAL SECRETARY.
2.
THE DEPUTY COMMISSIONER KIADB (B.M.I.C.P) AND BENGALURU RURAL DISTRICT, NELAMANALA NO.14/3, ARAVIND BHAVANA 1ST FLOOR, NRUPATUNA ROAD BENGALURU - 560 001.
3.
THE SPECIAL LAND ACQUISITION OFFICER - I KIADB (B.M.I.C.P) AND BENGALURU RURAL DISTRICT, NELAMANALA NO.14/3, ARAVIND BHAVANA 1ST FLOOR, NRUPATUNA ROAD BENGALURU - 560 001. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 SRI. P.V. CHANDRASHEKAR.,ADVOCATE FOR R2 AND R3 )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECTION AGAINST THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 12/01/2024 IN ACCORDANCE WITH LAW VIDE ANN-A, A1, A2, A3, A4, A5 AND A6. AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
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NC: 2025:KHC:6992 WP No. 562 of 2025
ORAL ORDER Petitioners claiming to be the erstwhile owners of the land bearing Sy.Nos.27/1, totally measuring 1 acre and 10 guntas, out of which 0.11 guntas proposed to be acquired, Sy.No.27/2, totally measuring 37 guntas, out of which 0.06 1/2 guntas proposed to be acquired, Sy.No.27/3 totally measuring 1 acre and 24 guntas, out of which 0.13 1/2 guntas proposed to be acquired, Sy.No.27/4, totally measuring 0.29 guntas, out of which 0.09 guntas proposed to be acquired, Sy.No.27/8, totally measuring 1 acre and 10 guntas, out of which 0.14 1/4 guntas proposed to be acquired by the respondent-KIADB, are before this Court seeking following reliefs: ''(a). To issue a Writ in the nature of Mandamus or any other appropriate writ/direction against the respondents to consider the representations dated 12/01/2024 in accordance with law vide Annexure-A, A1, A2, A3, A4, A5 & A6 and; b) To issue a Writ in the nature of Prohibition or any other appropriate writ/direction against the respondents, restraining the respondents from issuing the Final Notification and acquiring the schedule properties until the representations dated 12/01/2024 vide Annexure-A, A1, A2, A3,
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NC: 2025:KHC:6992 WP No. 562 of 2025
A4, A5 & A6 are considered in accordance with law. c) To allow the writ petition as prayed for and pass such other suitable order/s as this Hon'ble Court may deems to fit and proper to pass in the above said circumstances of the case in the interest of justice and equity. ''
2. Learned counsel for the respondent-KIADB files statement of objections and submits that the only grievance of the petitioners is with regard to non-
consideration of the objections filed as contemplated under Section 28(3) of the Karnataka Industrial Area Development Act, 1966. He submits that after considering the objections filed by the petitioners order has been passed under Section 28(3) of the Karnataka Industrial Area Development Act, 1966 on 30.08.2024. As such, the petition does not survive for consideration.
3. At this juncture, learned counsel for the petitioners seeks permission to withdraw the petition with liberty to file fresh petition challenging the order passed under Section 28(3) of the Karnataka Industrial Area Development Act, 1966.
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NC: 2025:KHC:6992 WP No. 562 of 2025
4. Submissions taken on record.
5. Petition is disposed of reserving liberty to the petitioner as sought for.
Sd/- (M.G.S. KAMAL) JUDGE
RL List No.: 1 Sl No.: 29