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2025 DAILYLAW 69092 (KAR)

GIRIGOWDA S v. THE STATE OF KARNATAKA

WP/16850/2025 · 2025-11-28

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49565 WP No. 16850 of 2025 C/W WP No. 16862 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 16850 OF 2025 (LA-KIADB) C/W WRIT PETITION NO. 16862 OF 2025 (LA-KIADB) IN WP No. 16850/2025 BETWEEN: GIRIGOWDA S SON OF LATE SALGIRIGOWDA, AGED ABOUT 58 YEARS, RESIDING CHELUR VILLAGE, MARALWADI HOBLI, HAROHALLI TALUK, CHELUR-562 112. …PETITIONER (BY SRI. SURESH K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY PRINCIPAL SECRETARY, DEPARTMENT OF INDUSTRIES AND COMMERCE (INDUSTRIAL DEVELOPMENT) M.S. BUILDING, BENGALURU-560 001. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO.14/3, RASHTROTHANA PARISHATH, 2ND FLOOR, NRUPATHUNGA ROAD, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49565 WP No. 16850 of 2025 C/W WP No. 16862 of 2025 BENGALURU-560 001. REPRESENTED BY SPECIAL DEPUTY COMMISSIONER, 3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (BMICP) 1ST FLOOR, MAHARSHI ARAVIND BHAVAN, NRUPATHUNGA ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI. HARISHA A S, AGA FOR R1; SRI. P V CHANDRASHEKAR, ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE NOTIFICATION ISSUED UNDER SECTION 28(4) OF THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT ACT, 1966, PRELIMINARY NOTIFICATION DATED 25.10.2006 ISSUED UNDER SECTION 28(1), VIDE NOTIFICATION BEARING NO. CI431SPQ.2006, NOTIFIED IN THE NAME OF PETITIONER FOLLOWED BY THE FINAL NOTIFICATION DATED 02.02.2010 ISSUED UNDER SECTION 28(4) VIDE NOTIFICATION CI VILLAGE, MARALWADI HOBLI, 307 SPQ 2009 OF DATED 2.2.2010. TO AN EXTENT OF 20 GUNTAS CHEELUR IN SY.NO 107/11 HAROHALLI TALUK, RAMANAGARA DISTRICT AS PER ANNEXURE-A AND B AND ETC. IN WP NO. 16862/2025 BETWEEN: GIRIGOWDA S SON OF LATE SALGIRIGOWDA, AGED ABOUT 58 YEARS, RESIDING AT CHELUR VILLAGE, MARALWADI HOBLI, HAROHALLI TALUK, CHELUR-562 112. ...PETITIONER (BY SRI. SURESH K., ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:49565 WP No. 16850 of 2025 C/W WP No. 16862 of 2025 AND: 1. THE STATE OF KARNATAKA BY PRINCIPAL SECRETARY, DEPARTMENT OF INDUSTRIES AND COMMERCE (INDUSTRIAL DEVELOPMENT) M.S. BUILDING, BENGALURU-560 001. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO.14/3, RASHTROTHANA PARISHATH, 2ND FLOOR, NRUPATHUNGA ROAD, BENGALURU-560 001, REPRESENTED BY SPECIAL DEPUTY COMMISSIONER, 3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (BMICP) 1ST FLOOR, MAHARSHI ARAVIND BHAVAN, NRUPATHUNGA ROAD, BENGALURU-560 001. ...RESPONDENTS (BY SRI. HARISHA A S, AGA FOR R1; SRI. P V CHANDRASHEKAR, ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION ISSUED UNDER SECTION 28(4) OF THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT ACT, 1966, PRELIMINARY NOTIFICATION DATED 25.10.2006 ISSUED UNDER SECTION 28(1), VIDE NOTIFICATION BEARING NO. CI431SPQ.2006, NOTIFIED IN THE NAME OF PETITIONER FOLLOWED BY THE FINAL NOTIFICATION DATED 02.02.2010 ISSUED UNDER SECTION 28(4) VIDE NOTIFICATION CI 307 SPQ 2009 OF DATED 2.2.2010 TO AN EXTENT OF 20 GUNTAS IN SY.NO 105/8 OF CHEELUR VILLAGE, MARALWADI HOBLI, HAROHALLI TALUK, - 4 - HC-KAR NC: 2025:KHC:49565 WP No. 16850 of 2025 C/W WP No. 16862 of 2025 RAMANAGARA DISTRICT AS PER ANNEXURE-A AND B AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Learned Addl. Government Advocate accepts notice for respondent No.1. 2. Since Sri. P.V.Chandrashekar, learned counsel has filed power for respondent Nos.2 and 3, Registry is directed to delete the name of Sri. C.Ramakrishna, learned counsel in the cause list. 3. Learned counsel appearing for the petitioner in both writ petitions has filed a memo seeking to withdraw these writ petitions, which reads as under: "The counsel for the petitioner herewith submits that above-mentioned petitioner had filed application before the reference court for compensation, in the event of the same the petitioner has filed above mentioned petition for quashing the acquisition, which is not maintainable in - 5 - HC-KAR NC: 2025:KHC:49565 WP No. 16850 of 2025 C/W WP No. 16862 of 2025 law. hence the petitioner prays to withdraw the above mentioned petition in the interest of justice and equity." 4. The said memos are taken on record. 5. In view of the memos, the writ petitions are dismissed as withdrawn. SD/- ____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 0