- 1 - HC-KAR NC: 2025:KHC:44955 WP No. 21047 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 21047 OF 2025 (LA-KIADB) BETWEEN: SRI. B. R. SUDEESH KUMAR S/O SRI. S. RANGASWAMY, AGED ABOUT 53 YEARS, HIG42, AJANTHA HOUSE, 2ND STAGE, KHB COLONY, BASAVESHWARANAGAR, BENGALURU-560 079. …PETITIONER (BY SRI. MANIKANTA K M., ADVOCATE) AND: 1. STATE OF KARNATAKA HAVING OFFICE AT SECRETARIAT, ROOM NO. 435, 4TH FLOOR, VIKASA SOUDHA, BENGALURU-560 001. REPRESENTED THROUGH ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT 2. THE SPECIAL LAND ACQUISITION OFFICER (METRO RAIL PROJECT) KARNATAKA INDUSTRIAL DEVELOPMENT BOARD AREA HAVING ADDRESS AT NO. 14/3 1ST FLOOR, ARVINDHA BHAVANA BUILDING, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44955 WP No. 21047 of 2025 NRUPATHUNGA ROAD, BENGALURU -560.001. 3. BENGALURU CORPORATION (BMRCL) METRO RAIL LIMITED GENERAL MANAGER, HAVING ADDRESS AT BMTC COMPLEX, 3RD FLOOR, K.H ROAD, SHANTHINAGAR, BENGALURU 560 027. REPRESENTED THROUGH ITS MANAGING DIRECTOR. 4. GENERAL MANAGER, BMRCL, LAND SECTION, MG ROAD, BENGALURU- 560 001. 5. THASILDAR AND SECRETARY BMRCL, BMTC COMPLEX, LAND SECTION, MG ROAD, BENGALURU- 560 001. …RESPONDENTS (BY SRI. HARISHA A S, AGA FOR R1; SRI. GOPAL BILALMANE, ADVOCATE FOR R2; SRI. N N HARISH, ADVOCATE FOR R3 TO R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED NOTICE DATED 29.05.2025 BEARING NO. KIADB/METRO/BHUSWA/C1-65/42/2025-26, (ANNEXURE- A) ISSUED BY RESPONDENT NO.2-AUTHORITY FOR PARTIAL ACQUISITION OF THE SAID PROPERTY UNDER SECTION 28(6) OF THE KIADB ACT, 1966., AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:44955 WP No. 21047 of 2025 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has approached this Court seeking for the following reliefs: "A) SET ASIDE the impugned Notice dated 29.05.2025 bearing No: KIADB/Metro/Bhuswa/C1- 65/42/2025-26, (ANNEXURE-A) issued by Respondent No.2-Authority for partial acquisition of the said property under Section 28(6) of the KIADB Act, 1966. B) QUASH the Notification under Section 28(2) of the KIADB Act, 1966 dated: 24.12.2024 and bearing No: KIADB/Metro/Bhuswa/C1- 65/235A/2024-25 (Annexure-G) issued by Respondent No.2-Authority for partial acquisition of the said property. C) QUASH the "Intimation Letter" (ANNEXURE- J1) dated: 24.02.2025 No: BMRCL/Bhuswa/Bhumolya/and bearing hanta- 3/package-1/2024-25/15370, issued by the Respondent No.5-Authority for partial acquisition of the Petitioner's property. - 4 - HC-KAR NC: 2025:KHC:44955 WP No. 21047 of 2025 D) DIRECT all Respondent authorities to consider the Petitioner's representation dated 18.06.2025 (Annexure-L) and to fully acquire the Petitioner's property in accordance with law. E) PASS such other order/s as this Hon'ble Court may deem fit in the interests of justice and equity;" 2. The petitioner claims to be the absolute owner of the property bearing New No.9, 100 feet road, Bendranagara, Bangalore, Ward No.55-Padmanabhanagar having PID No.55-160-09 Bengaluru. The respondent No.2 issued a notification dated 24.12.2024, for acquisition of a portion of the said property measuring 26.52 square meters (286.46 Sq. Ft) under Section 28(2) of the Karnataka Industrial Areas Development Act, 1966 (for short 'KIAD Act). The petitioner filed objections contending that partial acquisition would render the remaining portion unviable, as the constructed building would be affected. Despite the objections, a possession notice was issued on 29.05.2025 under Section 28(6) of - 5 - HC-KAR NC: 2025:KHC:44955 WP No. 21047 of 2025 the KIAD Act for taking possession of the said portion. The petitioner submitted a detailed representation dated 18.06.2025 (Annexure-L) requesting that the entire extent of 846 Square feet be acquired so as to avoid hardship, as partial acquisition would destroy the utility of the property. 3. Learned counsel appearing for respondent Nos.3 to 5 submits that the petitioner's representation dated 18.06.2025 is in the process of consideration and the same will be duly considered in accordance with law. 4. The said submission is placed on record. 5. In view of the above, the grievance of the petitioner would stand redressed, if appropriate direction is issued to the respondents to consider the same. Accordingly, this Court pass the following: ORDER i) The writ petition is disposed of. - 6 - HC-KAR NC: 2025:KHC:44955 WP No. 21047 of 2025 ii) Respondent Nos.3 to 5 are directed to consider the petitioner's representation dated 18.06.2025 (Annexure-L) before taking any coercive steps against the petitioner's schedule property and pass appropriate orders in accordance with law within a period of eight(8) weeks from the date of receipt of a certified copy of this order. iii) Until such consideration and decision, the respondents shall not take any coercive steps, including demolition or dispossession of the petitioner from the schedule property. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 15