- 1 - HC-KAR NC: 2025:KHC:41336 WP No. 34558 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 34558 OF 2024 (LA-KIADB) BETWEEN: SRI MUNIRAJAPPA S/O MUNIHANUMAPPA AGED ABOUT 55 YEARS, R/AT KONGHATTA VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT- 561 203. …PETITIONER (BY SRI. G S VENKAT SUBBA RAO.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCPAL SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIAL DEVELOPMENT VIDHANA SOUDHA BENGALURU- 560 001. 2. THE UNDER SECRETARY (INDUTRIRAL DEVELOPMENT) DEPARTMENT OF COMMERCE AND INDUTRIES, VIDHANA SOUDHA, BENGALURU- 560 001 3. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41336 WP No. 34558 of 2024 REP BY ITS CHIEF EXECUTIVE OFFICE AND EXECUTIVE MEMBER NO 14/3, 2ND FLOOR, R P BUILDING NRUPATHUNGA ROAD, BENGALURU- 560 001 4. THE SPECIAL LAND ACQUISITION OFFICER 2 BMICP AND BANGALORE RURAL THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO 14/3, MAHARSHI ARVIND BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD, BENGALURU- 560 001 …RESPONDENTS (BY SRI. HARISHA A.S., AGA FOR R1 AND R2; SRI.B.B.PATIL., ADVOCATE FOR R3 AND R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE ACQUISITION PROCEEDINGS INITIATED BY THE RESPONDENTS IN SO FAR AS IT RELATES TO THE SCHEDULE LAND BELONGING TO THE PETITIONER I.E., SURVEY NO.67/3 MEASURING TO AN EXTENT OF 1 ACRE 30 GUNTAS, SITUATED AT KONAGHATTA VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT, VIDE DECLARATION/ NOTIFICATION DATED 27.02.2023 BEARING NO. CI.17.SPQ(E) 2022, ISSUED BY THE 2ND RESPONDENT I.E., UNDER SECRETARY, (INDUSTRIAL DEVELOPMENT), DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BENGALURU- 560 001, ISSUED U/S 28(4) OF THE - 3 - HC-KAR NC: 2025:KHC:41336 WP No. 34558 of 2024 KARNATAKA INDUSTRIAL AREAS DEVELOPMENT ACT, 1966, VIDE ANNEXURE-A HAS LAPSED AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner in this petition seeking for the following reliefs: "a. Issue a writ in the nature of Declaration declaring that the acquisition proceedings initiated by the respondents in so far as it relates to the schedule land belonging to the petitioner i.e., Survey No. 67/3 measuring to an extent of 1 Acre 30 Guntas, situated at Konaghatta Village, Kasaba Hobli, Doddaballapura Taluk, Bangalore Rural District, vide Declaration / Notification dated 27.02.2023 bearing No. CI:17:SPQ(E) 2022, issued by the 2nd respondent i.e., Under Secretary, (Industrial Development), Department of Commerce & Industries, Vidhana Soudha, Bengaluru 560 001, issued under Sec.28(4) of the Karnataka Industrial Areas Development Act, 1966, vide Annexure-A has lapsed and; b. Consequently issue writ in the nature of certiorari quashing the impugned Declaration / Notification dated 27.02.2023 bearing No. CI:17:SPQ(E) 2022, issued by the 2nd respondent i.e., Under Secretary, (Industrial - 4 - HC-KAR NC: 2025:KHC:41336 WP No. 34558 of 2024 Development), Department of Commerce & Industries, Vidhana Soudha, Bengaluru 560 001, issued under Sec.28(4) of the Karnataka Industrial Areas Development Act, 1966, vide Annexure-A, in so far as it relates to the schedule property; c. issue such other order or direction as this Hon'ble Court deems fit to grant under the circumstances of the case, including costs, in the interest of justice and equity." 2. Learned counsel appearing for the petitioner submits that during the pendency of this writ petition, petitioner has been allotted alternative site vide allotment letter dated 28.05.2025 by respondent No.3 and therefore, petitioner does not intend to prosecute this writ petition, files a memo to that effect, which reads as under: "The petitioner in the above case prays that this Hon'ble Court be pleased to dismiss the above petition in view of the alternate property being allotted to the petitioner by the 3rd Respondent vide allotment letter dated 28/05/2025 and the Possession Certificate dated 20/06/2025 issued by the 3rd Respondent herein, the copy of which is enclosed herewith, in the interest of justice and equity." 3. The said memo is taken on record. - 5 - HC-KAR NC: 2025:KHC:41336 WP No. 34558 of 2024 4. In view of the submission and the memo filed by the learned counsel for the petitioner, the petition is dismissed as withdrawn. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 40