- 1 - HC-KAR NC: 2025:KHC:53574 WP No. 37471 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 37471 OF 2025 (LA-KIADB) BETWEEN: 1. SRI BHUPENDRA KUMAR POKHAMA S/O ROSHAN LAL POKHAMA, AGED ABOUT 51 YEARS, NO.27,2ND CROSS, CHAMUNDIVIHAR LAYOUT, NAZARBAD, MYSURU-570 010. …PETITIONER (BY SRI. LINGARAJU K.R..,ADVOCATE) AND: 1. STATE OF KARNATAKA REP., BY ITS UNDER SECRETARY, DEPARTMENT OF INDUSTRIES AND COMMERCE, M.S BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BORD, REP., BY ITS CHIEF EXECUTIVE OFFICER, NO.49, 4TH AND 5TH FLOOR, KHANIJA BHAVAN, RACE COURCE ROAD, BENGALURU - 560 001. 3. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BORD (BMICP.,) NO. 2083/2, 1ST CROSS, SUBASH NAGARA, MANDYA -571 401. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53574 WP No. 37471 of 2025 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. REGISTERED UNDERCOMPANIES ACT-1956 …RESPONDENTS (BY SRI. RAVINDRA V REDDY.,SPECIAL COUNSEL FOR R1; SRI. B.S.KARTHIKEYAN.,ADVOCATE FOR R2 AND R3; SRI. YOGESH D NAIK.,ADVOCATE FOR R4; SRI. NITHIN PRASAD.,ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OR ORDER IN THE NATURE OF CERTIORARI QUASHING 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 OFTHE PETITIONER LANDBEARING SY, NO.183/2 (OLD SY., NO.183) MEASURING 3 ACRE 17 GUNTAS INCLUDING 14 GUNTA OF A KHARABAND 13 GUNTAS OF B KHARAB SITUATED AT BELAVADI VILLAGE, KASABA HOBLI, SRIRANGAPATNA TALUK MANDYA DISTRICT. (SL. NO. 41IN THE PRELIMINARY NOTIFICATION) IN TERMS OF ORDERS IN WRIT PETITION NO.5424/2025(LA-KIADB) DATED 24/04/2025 VIDE ANNEXURE - G AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:53574 WP No. 37471 of 2025 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Sri. Ravindra V. Reddy, learned Special counsel accepts notice for respondent No.1. 2. Sri. B.S.Karthikeyan, 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 preliminary notification dated 03.07.1999 (Annexure-A) issued by respondent No.1 under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966. 6. Learned counsel for the petitioner submits that the impugned preliminary notification had been subject - 4 - HC-KAR NC: 2025:KHC:53574 WP No. 37471 of 2025 matter of various litigations, and in each of those cases, this Court has set aside impugned notification insofar as the lands of 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 No.5-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 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:53574 WP No. 37471 of 2025 preliminary notification, the petitioner herein is also entitled to similar relief. 10. Consequently, the following: ORDER i. Writ Petition is allowed. ii. The impugned preliminary notification dated 03.07.1999 (Annexure-A) issued by respondent No.1 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 observe 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 No.5-NICE is reserved liberty to proceed - 6 - HC-KAR NC: 2025:KHC:53574 WP No. 37471 of 2025 against the other respondents, if any grievance subsists, in accordance with law. v. All contentions in that regard are kept open. vi. No order as to costs. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 27