- 1 - HC-KAR NC: 2025:KHC:32147-DB WA No. 581 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 581 OF 2025 (LA-KIADB) BETWEEN: NANDI INFRASTRUCTURE CORRIDOR ENTERPRISE LIMITED, #1, MIDFORD HOUSE, MIDFORD GARDENS, OFF MAHATMA GANDHI ROAD, BENGALURU-560 001. REP. BY ITS AUTHORISED SIGNATORY MR. SRINATH MANGALORE. …APPELLANT (BY SRI R.V.S NAIK, SENIOR ADVOCATE FOR SRI NITIN PRASAD FOR KING AND PARTRIDGE, ADVOCATES) AND: 1. A C ANANTHASWAMY, S/O LATE PATEL CHIKKAHANUMAIAH, PATEL HOUSE, AVALAHALLI, MYSORE ROAD, BENGALURU-560 026. 2. AKSHAY A PATEL, S/O A.C. ANANTHASWAMY, PATEL HOUSE, AVALAHALLI, MYSORE ROAD BENGALURU-560 026. 3. ASHRITHA A PATEL, D/O A.C ANANTHASWAMY, AGED ABOUT 39 YEARS, Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32147-DB WA No. 581 of 2025 4. PATEL HOUSE, AVALAHALLI, MYSORE ROAD, BENGLAURU-560 026. AKILESH PATEL, S/O A.C. ANANTHASWAMY, PATEL HOUSE, AVALAHALLI, MYSORE ROAD, BENGALURU-560 026. 5. THE STATE OF KARNATAKA, DEPARTMENT OF COMMERCE, VIKASA SOUDHA, BENGALURU-560 001, REP. BY ITS SECRETARY. 6. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001, REP. BY CHIEF EXECUTIVE OFFICER. 7. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.14/3, 2ND FLOOR, ARAVIND BHAVAN, NRUPATHUNGA ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI BIPIN HEGDE, ADVOCATE A/W SRI D.P MAHESH, ADVOCATE FOR R-1 TO 4; SRI S.A AHMAD, AAG A/W SRI RAVINDRA V REDDY, SPL. COUNSEL FOR R-5/STATE; SRI B.B. PATIL, ADVOCATE FOR R-6 & 7) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO (i) SET ASIDE THE IMPUGNED ORDER DATED 24.03.2025 PASSED BY THE LEARNED SINGLE JUDGE IN W.P No. 8706/2025 (LA-KIADB) AND CONSEQUENTLY PERMIT THE APPELLANT TO UNDERTAKE AND COMPLETE THE CONSTRUCTION OF THE LINK ROAD ON THE SUBJECT PROPERTY ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:32147-DB WA No. 581 of 2025 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the present appeal, impugning an ad interim order dated 24.03.2025, passed by the learned Single Judge of this Court in Writ Petition No.8706/2025[LA-KIADB], restraining the appellant from dispossessing the respondents [writ petitioners] till the next date of hearing. 2. There is no dispute that the subject land [land comprising in Survey No.47 in Pantharapallya Village, Kengeri hobli, Bengaluru South Taluk] was the subject matter of acquisition by the Karnataka Industrial Area Development Board [KIADB] for the purposes of implementing the "Bangalore- Mysore Infrastructure Corridor Project". A notification under Section 28 (1) of the Karnataka Industrial Area Development Act, 1966 [the Act] was issued. The Minutes of the proceedings held on - 4 - HC-KAR NC: 2025:KHC:32147-DB WA No. 581 of 2025 18.10.2024, by the Special Land Acquisition Officer, KIADB, also indicate that respondent No.1 [A.C.Ananthaswamy] was represented through his Lawyer and the hearing was held on 16.10.2024. He had also filed written objections on 08.10.2024. Additionally, one Mr. Gangavaram Pullareddy, who claims rights in the subject land pursuant to an agreement entered into with Sri A.C. Ananthaswamy was also represented by his Lawyer on the said date. 3. Notwithstanding the same, it is the case of the writ petitioners that provisions of Section 28(3) of the Karnataka Industrial Area Development Act, 1966, were not followed. It is earnestly contended on behalf of the respondents that no hearing was afforded to the respondents as required under Section 28(3) of the Act. 4. We find that the aforesaid contention runs contrary to the facts as recorded in the record of the proceedings held on 18.10.2024. We also find that there is no specific - 5 - HC-KAR NC: 2025:KHC:32147-DB WA No. 581 of 2025 averment made in the petition to the effect that the facts recorded in the said order are incorrect. 5. The Final Notification under Section 28(4) of the Act has been issued and therefore, prima facie, the subject land would vest with the State Government. 6. Considering that the subject land is required for a public purpose, the interim order restraining the appellant from taking over the physical possession of the land, is unsustainable. 7. The learned counsel for the respondents also referred to the order dated 21.05.2024 passed in MFA No.2983/2024, whereby this Court had granted an interim order of status quo with regard to the nature and title of the property till the next date of hearing. However, the said order would be of little relevance considering that the Final Notification under Section 28(4) for acquiring the subject property had been issued thereafter on 10.01.2025. - 6 - HC-KAR NC: 2025:KHC:32147-DB WA No. 581 of 2025 8. We refrain from making any further observation in the present appeal, as the impugned order is an ad interim order. We also clarify that all observations made in the present order are confined to the examination whether grant of the ad interim order, which is impugned in the present appeal, was warranted. 9. We accordingly, vacate the interim order of stay granted in terms of the impugned order and dispose of the present appeal. 10. We clarify that all rights and contentions of the parties in Writ Petition in WP No. 8706/2025 are reserved. 11. Pending applications are also disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 52