- 1 - HC-KAR NC: 2025:KHC:54106 WP No. 38294 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.38294 OF 2025 (LA-KIADB) BETWEEN: MR. MOHAMMED SALMAN S/O MOHAMMED YUSUF, AGED ABOUT 35 YEARS, PROPRIETOR OF M/S. CITIZEN CARZ NO.5. SITE NO.6, HEBBAL GUDADAHALLI VILLAGE, OUTER RING ROAD, OPP. TO BETHEL AG CHURCH, BENGALURU-560 024. …PETITIONER (BY SRI AJESH KUMAR S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT VIDHANA SABHA, BENGALURU-560 001 REPRESENTED BY ITS SECRETARY. 2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT AUTHORITY, MAHARSHI ARAVIND BHAVANA 1ST FLOOR, NRUPATUNGA ROAD, BANGALORE-560 001. REPRESENTED BY THE SPECIAL LAND ACQUISITION OFFICER. 3. THE POLICE INSPECTOR AMRUTHAHALLI POLICE STATION AMRUTH NAGAR MAIN ROAD, SECTOR B, AMRUTHNAGAR, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54106 WP No. 38294 of 2025 BYATARAYANAPURA CMC AND OG PART. BENGALURU-560024. 4. MR. MUNIYELLAPPA ALIAS APPASWAMY S/O LATE MUNIYELLAPPA, AGED ABOUT 81 YEARS, 5. MR. PRAKASH C.M. S/O LATE MUNIYELLAPPA ALIAS APPASWAMY, AGED ABOUT 52 YEARS, R-4 AND 5 ARE RESIDING AT: NO.321, GOVINDAPPA GARDEN, CHINNANNA LAYOUT, GUDDADAHALLI VILLAGE, R.T. NAGAR POST, BENGALURU-560 032. 6. MR. GOVARDHAN C.M. S/O LATE MUNIYELLAPPA ALIAS APPASWAMY, AGED ABOUT 49 YEARS, RESIDING AT DRAKSHI THOTADA MANE, OPP. G.R. RESPORT, BINAHALLI, CHIKKAJALA, BENGALURU-562 157. …RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1; SRI P.V. CHANDRASHEKAR, ADVOCATE FOR R-2 V/O DATED NOTICE TO R-3 TO R-6 IS DISPENSED WITH ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 10.12.2025 VIDE NO.KIADB/K-RIDE/BHUSWA/505/2025-26 ISSUED BY THE RESPONDENT NO.2 AUTHORITY AS PER ANNEXURE- A AND ETC. 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:54106 WP No. 38294 of 2025 ORAL ORDER Learned Additional Government Advocate accepts notice for respondent No.1. 2. Sri P.V. Chandrashekar, learned counsel is directed to accept notice for respondent No.2. 3. Notice to the other respondents is dispensed with at the request of learned counsel for the petitioner, and disposed of in preliminary hearing stage itself. 4. The petitioner has approached this Court seeking inter alia i) quashing of notice dated 10.12.2025, issued by respondent No.2 seeking police assistance to take physical possession to the extent of 58.41 square meters in Sy.No.5/1 of Guddadahalli Village, Kasaba Hobli, Bengaluru North Taluk 2) a direction to the authority to follow the procedures prescribed under Section 28 and 29 of the Karnataka Industrial Areas Development Act, 1966 (‘KIAD, Act’ for short) by issuing notice and affording an - 4 - HC-KAR NC: 2025:KHC:54106 WP No. 38294 of 2025 opportunity of participation to the petitioner in proceedings. Brief facts: 5. The petitioner claims to be in possession of petition schedule property as a lessee under the registered lease deed dated 17.11.2021 and is carrying on business under the name “citizen carz”, by putting up temporary structures. While so, the respondent-authority issued impugned notice dated 10.12.2025 addressed to the respondent-police seeking assistance to take physical possession of 58.41 square meters, pursuant to acquisition proceedings under KIAD Act, which notice was served at the site on 15.12.2025. 6. Learned for the petitioner, on instructions, fairly submits that the petitioner is not disputing the acquisition proceedings nor authority of the respondent-Board to take possession. The grievance of the petitioner is limited and confined to seeking reasonable time to vacate and hand - 5 - HC-KAR NC: 2025:KHC:54106 WP No. 38294 of 2025 over possession, as the petitioner is running an ongoing business and has erected temporary structures, which require time to be dismantled and removed in a scientific manner. It is submitted that if immediate possession is taken, the petitioner would suffer grave hardship. Hence, seeks one month fifteen days time. 7. Learned counsel for the respondent-authority opposes the request and submits that the acquisition proceedings have culminated in passing of an award and the respondent-Board is entitled to take possession. It is therefore, further submitted that the petitioner being lessee under the original landowners cannot indefinitely obstruct the acquisition process. 8. Having considered the submissions and having regard to the fact that the petitioner is admittedly carrying on business in the schedule property and has put up certain temporary structures, this Court is of the view that limited reasonable time deserves to be granted to the - 6 - HC-KAR NC: 2025:KHC:54106 WP No. 38294 of 2025 petitioner to vacate, without in any manner diluting the rights of the respondent-authority under the acquisition proceedings. 9. Having regard to the limited nature of the relief sought, in the interest of justice, the petitioner is granted one month's time from today (17.12.2025), to voluntarily vacate and hand over possession on or before 17.01.2026, of the land measuring 58.41 square meters in Sy.No.5/1 of Guddadahalli Village, Kasaba Hobli, Bengaluru North Taluk, subject to the following conditions: i. The petitioner shall file an affidavit of undertaking before this Court within one week, to vacate and hand over possession of the schedule property within the stipulated time. ii. The petitioner shall not alter the nature of the property and shall not create any third party rights in respect of the schedule property. - 7 - HC-KAR NC: 2025:KHC:54106 WP No. 38294 of 2025 iii. On expiry of the aforesaid period, it is open for the respondent-authority to proceed in accordance with law. iv. With the above observation and direction, the writ petition stands disposed of. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 2 Sl No.: 1