- 1 - HC-KAR NC: 2025:KHC:51085 WP No. 36553 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 36553 OF 2025 (LA-KIADB) BETWEEN: SHIVARAJU S/O LATE CHELUVAIAH AGED ABOUT 39 YEARS, #105/2, KAMANAKERE HUNDI ROAD, KASABA HOBLI , RAMMANAHALLI VILLAGE, MYSURU-570 019. …PETITIONER (BY SRI LINGARAJU K.R., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY IT’S UNDER SECRETARY, DEPARTMENT OF INDUSTRIES AND COMMERCE, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, #49, 4TH AND 5TH FLOOR, KHANIJA BHAVAN, RACE COURCE ROAD, BENGALURU-560 001. 3. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (BMICP.,) NO.2083/2, 1ST CROSS, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51085 WP No. 36553 of 2025 SUBASH NAGARA, MANDYA -571 401 4. THE BENGALURU MYSURU INFRASTRUCTURE, CORRIDOR AREA PLANNING AUTHORITY REP., BY ITS MEMBER SECRETARY NO.5, 2ND FLOOR, LOOP LANE, RACE COURSE ROAD, BENGALURU – 560 009 5. M/S, NANDI INFRASTRUCTURE CORRIDOR ENTERPRISE LTD., REP., BY THE MANAGING DIRECTOR NO.1, FORD GARDENS OPP., MG., ROAD BENGALURU – 560 001 …RESPONDENTS (BY SRI RAVINDRA V. REDDY, SPL.COUNSEL FOR R1; SRI VASANTHA, ADVOCATE FOR R2 & R3; SRI YOGESH D. NAIK, ADVOCATE FOR R4; SRI NITHIN PRASAD, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE PRELIMINARY NOTIFICATION BEARING NO.CI 196 SPQ 98 DATED 03/07/1999 ISSUED BY THE RESPONDENT NO.1 PUBLISHED IN THE GAZETTE NOTIFICATION PART -III NO. 762, VIDE ANNEXURE - A, PUBLISHED UNDER SECTION 28(1) OF THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD ACT., 1966 FOR FORMATION OF BENGALURU MYSURU INFRASTRUCTURE CORRIDOR PROJECT IN RESPECT OF THE PETITIONER LAND BEARING SY, NO.378 MEASURING 2 GUNTAS SITUATED AT KESARE VILLAGE, KASABA HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT. (SL. NO.16 IN THE PRELIMINARY NOTIFICATION) IN TERMS OF ORDERS IN WRIT PETITION NO.7845/2025(LA-KIADB) DATED 24/04/2025 VIDE ANNEXURE-E. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 3 - HC-KAR NC: 2025:KHC:51085 WP No. 36553 of 2025 ORAL ORDER Sri Ravindra V. Reddy, learned Special advocate accepts notice for respondent No.1. 2. Sri Vasantha, learned counsel is directed to accept notice for respondent Nos.2 and 3. 3. Sri Yogesh D. Naik, learned counsel is directed to accept notice for respondent No.4. 4. Sri Nithin Prasad, learned counsel is directed to accept notice for respondent No.5. 5. The petitioner has approached this Court seeking to quash the impugned notification dated 03.07.1999, issued under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966. 6. Learned counsel for the petitioner submits that the impugned notification had been subject matter of various litigations, and in each of those cases, this Court has set aside impugned notification insofar as the lands - 4 - HC-KAR NC: 2025:KHC:51085 WP No. 36553 of 2025 respective petitioners were concerned. Reliance is placed on the orders passed in the cases of Sri C. Valliappa Vs. The State of Karnataka and Others1 (Sri C. Valliappa), Sri Natawarlal Jasu Vs. The State of Karnataka and Others2 (Sri Natawarlal Jasu) and S. Akbar Vs. The State of Karnataka and Others3 (S. Akbar). 7. Learned counsel for respondent-Nandi Infrastructure Corridor Enterprises (NICE) do not dispute the submission advanced by the learned counsel for the petitioner. 8. The submission is taken on record. 9. In view of the decisions of the Co-ordinate Bench of this Court in Sri C. Valliappa, Sri Natawarlal Jasu and S. Akbar striking down the impugned notification, the petitioner herein is also entitled to similar relief. 1 W.P.No.8400/2021 D.D 07.06.2021 2 W.P.No.4399/2023 D.D 28.07.2023 3 W.P.No.7845/2025 D.D 24.04.2025 - 5 - HC-KAR NC: 2025:KHC:51085 WP No. 36553 of 2025 10. Consequently, the following: ORDER i. Writ Petition is allowed. ii. The impugned preliminary notification dated 03.07.1999 issued under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 is hereby quashed and set aside, insofar as the petitioner’s land is concerned. iii. Needless to observed that the respondents are at liberty to initiate fresh proceedings by issuing notification afresh, in accordance with law, if so advised. iv. It is further clarified that the respondent- NICE is reserved liberty to proceed against the other respondents, if any grievance subsists, in accordance with law. v. All contentions in that regard are kept open. - 6 - HC-KAR NC: 2025:KHC:51085 WP No. 36553 of 2025 vi. No order as to costs. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 32