- 1 - HC-KAR NC: 2025:KHC:35332 WP No. 24626 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 24626 OF 2025 (LA-KIADB) BETWEEN: SRI. N. GIRISH S/O LATE K.M. NARAYANASWAMY AGED ABOUT 45 YEARS, MALIYAPPANAHALLI VILLAGE, VEMAGAL HOBLI, KOLAR TALUK, KOLAR DISTRICT - 563 161. …PETITIONER (BY SRI. AKHILESHA BHAT M, ADVOCATE AND MISS ANANYA GUDIHAL, ADVOCATE FOR SRI. VISHNU P.V, ADVOCATE) AND: 1. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO.39, BHARAT SQUOTS AND GUIDES BUILDING, SHANTHIGRUHA, 4TH FLOOR, PALACE ROAD, BANGALORE - 560 001, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 2. THE SPECIAL LAND ACQUISITION OFFICER - 1 KIADB (BMICP), 1ST FLOOR, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35332 WP No. 24626 of 2025 NRUPATHUNGA ROAD BANGALORE - 560 001. …RESPONDENTS (BY SRI. SHASHI KIRAN SHETTY, ADVOCATE GENERAL, FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-A) QUASH THE NOTICES ISSUED UNDER SECTION 28(2) OF KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD ACT, 1966 BY THE SLAO R2 IN NO. KIADB/LAQ/691/2025-26 IN RESPECT OF LAND IN SY. NO. 46/6 TO AN EXTENT OF 5 1/2 GUNTAS MARKED AT ANNEXURE-M DATED 21.7.25 AND IN NO. KIADB/LAQ/692/2025-26 TO AN EXTENT OF 9 1/2 GUNTAS IN SY. NO. 46/9 MARKED AT ANNEXURE-M1 DATED 21.7.25AND IN NO. KIADB/LAQ/69/2025-26 IN SY. NO. 46/7 TO AN EXTENT OF 3 GUNTAS MARKED AT ANNEXURE-M2 DATED 21.7.25 RESPECTIVELY AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:35332 WP No. 24626 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this court seeking the following prayers: "a) Issue an order or direction or writ in nature of writ of certiorari quashing the notices issued under section 28(2) of Karnataka Industrial Area Development Board Act, 1966 by the SLAO 2nd Respondent in No.K.I.A.D.B/L.A.Q/693/205-2026 in respect of lands in Sy.No.46/6 to an extent of 51/2 guntas marked at ANNEXURE-M dated 21.07.2025 and in No. K.I.A.D.B/L.A.Q/692/2025-26 to an extent of 91/2 guntas in Sy.No.46/9 marked at ANNEXURE-M1 dated 21.07.2025 in No. K.I.A.D.B/L.A.Q/691/2025-26 in Sy.No.46/7 to an extent of 3 guntas marked at ANNEXURE-M2 dated 21.07.2025, respectively. b) Issue an order or direction or writ in the nature of writ of mandamus directing the 2nd respondent to consider the additional objections dated; 14.10.2024 marked at ANNEXURE - L and drop the acquisition proceedings in respect of the petitioner lands. c) Issue any order or orders as deems fit and proper including the cost of the proceedings." 2. Heard Shri Akhilesha Bhat M, learned counsel and Miss Ananya Gudihal, learned counsel for Shri Vishnu P.V., learned counsel appearing for the petitioner; Shri Shashi Kiran Shetty, learned Advocate General appearing for respondent No.1 and Shri Anuparna Bordoloi, learned counsel appearing for respondent No.2. - 4 - HC-KAR NC: 2025:KHC:35332 WP No. 24626 of 2025 3. The petitioner calls in question a notice issued under Section 28(2) of the Karnataka Industrial Areas Development Board Act, 1966 ('the Act' for short). This court, owing to the submission of the learned counsel appearing for the petitioner had passed the following order: "Learned counsel Sri P.V.Chandrasekhar is directed to accept notice for respondents. Petitioner to serve set of papers upon the aforesaid counsel. Petitioner, if in possession, shall not be disturbed till the next date of hearing. List the matter on 09.09.2025." The order was that if the petitioner, is in possession, the same shall not be disturbed, till the next date of hearing. 4. The learned Advocate General representing the Board would submit that the notice is only issued under Section 28(2) of the Act. The reply would be sought under Section 28(3) of the Act and further proceedings will be taken, if needed, thereon, after considering the reply submitted by the petitioner. - 5 - HC-KAR NC: 2025:KHC:35332 WP No. 24626 of 2025 5. The submission merits acceptance, as it is too premature case to entertain the petition on a Section 28(2) of the Act. Therefore, the petitioner shall submit his reply to the notice issued under Section 28(2) of the Act and further proceedings taken thereon by the respondent - Board. 6. The interim order of not disturbance of the possession of the petitioner shall continue till a decision is taken on the reply submitted by the petitioner to the notice under Section 28(2) of the Act. 7. The learned Advocate General would submit that the rigors of Section 28(3) of the Act will also be complied with by grant of a personal hearing to the petitioner. 8. The submissions are placed on record. 9. The petitioner shall furnish his reply/additional reply within three weeks from the date of receipt of the copy of the order. The reply shall be considered. Personal hearing shall be afforded and further steps can be taken in the matter by the respondents after considering the reply. - 6 - HC-KAR NC: 2025:KHC:35332 WP No. 24626 of 2025 10. Till such time, the possession of the petitioner, if he is in, as on today shall not be disturbed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 9 CT: BHK