- 1 - HC-KAR NC: 2025:KHC-D:14841 WP No. 106737 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106737 OF 2025 (LA-KIADB) BETWEEN: M.S.P.LTD., REPRESENTED BY K MADHUSUDHANA, CHIEF EXECUTIVE OFFICER, AGE: 56 YEARS, OFFICE AT BALDOTA ENCLAVE, ABHERAJ BALDOTA ROAD, TQ. HOSAPETE, DIST. VIJAYANAGAR – 583 225. …PETITIONER (BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF COMMERCE AND INDUSTRIES, REP. BY ITS PRINCIPAL SECRETARY, VIKASA SOUDHA, BENGALURU – 560 001. 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU – 560 001. 3. SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL DEVELOPMENT BOARD, KARUR INDUSTRIAL AREA, PB ROAD, DAVANAGERE – 577 003. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1; SRI. BASAVARJ SABARAD, SENIOR COUNSEL, SRI. K.L.PATIL & SRI. SHASHANK HEGDE, ADVOCATE FOR R3; SRI. S.S.BETURMATH, ADVOCATE FOR PROP – R4) VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.11.07 11:53:47 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14841 WP No. 106737 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE (1) NOTICE BEARING NO. KIADB/BHUSWA(DA)/M/S.R. PELLETES. KA.PRIV.LI/ SOMALAPUR / 2022-23/269 FOR SY NO. 118 AT ANNEXURE-P (2) NOTICE BEARING NO. KIADB/BHUSWA (DA)/M/S.R. PELLETES. KA. PRIV. LI/SOMALAPUR/2022-23/269 FOR SY.NO. 136 AT ANNEXURE-P1, (3) NOTICE BEARING NO. KIADB/ BHUSWA (DA)/MS/S.R. PELLETES.KA.PRIV.LI/SOMALAPUR/2022-23/269 FOR SY.NO. 137 AT ANNEXURE-P2 ALL DATED. 01.08.2025 ISSUED UNDER SECTION 28(2) OF THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT ACT, 1966 BY RESPONDENT NO.3 TO THE PETITIONER AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: A. Issue a writ of certiorari quashing the (1) notice bearing no. KIADB/BHUSWA(Da)/M/S.R. PELLETES. Ka. Priv.Li/ Somalapur / 2022-23/269 for Sy no. 118 at Annexure-P (2) notice bearing no. KIADB/BhuSwa (Da)/M/S.R. Pelletes. Ka. Priv. Li/Somalapur/2022- 23/269 for sy.no. 136 at Annexure-P1, (3) notice bearing no. KIADB/ Bhuswa (Da)/Ms/s.R. Pelletes. Ka.Priv.Li/ Somalapur / 2022-23/269 for Sy.No. 137 at Annexure-P2 all dated. 01.08.2025 issued under section 28(2) of the Karnataka industrial area Development Act, 1966 by Respondent no.3 to the petitioner; B. Issue any other orders or directions as deemed fit in the circumstances. - 3 - HC-KAR NC: 2025:KHC-D:14841 WP No. 106737 of 2025 2. Heard the learned counsel Sri.Shivaprasad Shantangoudar, appearing for the petitioner, learned AGA-Sri.T.Hanumaredy, appearing for respondent No.1, learned Senior Counsel Sri.Basavaraj Sabarad, for Sri.K.L.Patil and Sri.Shanshank Hegde, appearing for respondent No.3 and learned counsel Sri.S.S.Beturmath, appearing for proposed respondent No.4. 3. Facts that relate to the genesis of the company need not bear consideration in the case at hand suffice it to begin with. A preliminary notification that comes to be issued by the Karnataka Industrial Areas Development Board (hereinafter referred to as ‘the Board’) by issuing a notification under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as ‘the Act’) on 24.02.2022. 4. In furtherance of the said notification on 24.02.2022, another notice comes to be issued on 28.02.2022, inviting objections from the hands of the stakeholders. Thereafter, a notification under Section 28(3) of the Act was issued for acquisition of the lands mentioned in the petition. As per the averments in the petition, it transpires that after the notification was issued under Section 28(3) of the Act, the conversion orders - 4 - HC-KAR NC: 2025:KHC-D:14841 WP No. 106737 of 2025 were passed in respect Sy.No.136 and 137, converting agricultural land into non-agricultural purposes, by the Deputy Commissioner and all other statutory clearances are sought. 5. On 09.07.2024, a final notification comes to be issued excluding/dropping Sy.Nos.118, 136 and 137 from the acquisition process, which was initiated in terms of the preliminary notification on 18.02.2022. Long after the issuance of the final notification, it transpires that a fresh notice was issued under Section 28(2) of the Act, calling for objections from the hands of the petitioners and others contrary to the notifications issued earlier. This fresh notice so issued under Section 28(2) of the Act is what drives the petitioner to this Court in the subject petition. 6. The learned counsel Sri.Shivaprasad Shantanagoudar submits that once an order dated 28.05.2010 was passed dropping certain survey numbers from the acquisition, it was not open again to the authorities to again issue a notice under Section 28(2) of the Act, but the process altogether had to be re- initiated under Section 28(1) of the Act, by issuance of a fresh notification for such acquisition. Learned counsel would also project several other grounds to demonstrate that the industry is - 5 - HC-KAR NC: 2025:KHC-D:14841 WP No. 106737 of 2025 already in existence and therefore the land was appropriately excluded from acquisition. 7. The learned Senior Counsel Sri.Basavaraj Sabarad, appearing for the respondent-Board, places on record an affidavit indicating that the Board would withdraw the notice-impugned. It is the case of the Board that in the Affidavit the said notice under Section 28(2) of the Act, was a mistake on the part of the Board. 8. The affidavit so filed reads as follows: “I, Dr. Mahesh M. S/o Mahadevaiah, Aged 48 years, CEO & EM, KIADB, Khanija Bhavan, Race Course Road of Bangalore do hereby state on oath as under; 1. I state that, I am the Respondent No.2 in the present matter, I know the facts of the case. Hence, I am swearing to this Affidavit. 2. I state that, the present Petition is filed by the Petitioner seeking to quash the Notices Issued by Respondent No.3 under Section 28(2) of the KIAD Act, 1966 dated: 01/08/2025 in respect of acquisition of Sy. Nos. 118, 136 and 137 of Somalapur Village for the purpose of setting up of Beneficiation Plant of RPCL (M/s. Resource Pellets Concentrates Pvt. Ltd.). 3. I state that this Hon'ble Court, vide order dated 12.09.2025, observed that notices under Section 28(2) had earlier been Issued on 24.02.2022, and an order under Section 28(3) had recommended dropping the lands in Survey Nos. 117, 118, 136 and 137, and the said survey numbers were excluded from the final notification under Section 28(4) notified on 09.07.2024. This Hon'ble Court noted that notices were again issued on 01.08.2025 and directed Respondent Nos. 1 and 2 to file affidavits - 6 - HC-KAR NC: 2025:KHC-D:14841 WP No. 106737 of 2025 explaining the same. Further, by interim order dated 12.09.2025, the Court stayed all proceedings in pursuance of such notices till the next date of hearing. Accordingly, the present affidavit is being filed in due compliance of this Hon'ble Court's direction dated 12.09.2025. 4. I state that the Preliminary Notification under Section 28(1) read with Section 3(1) and Section 1(3) of the KIAD Act was issued on 18.02.2022. and published on 19.02.2022. 1 further state that notices under Section 28(2) of the KIAD Act were thereafter issued to the land owners/notified Dersons on 24.02.2022. Pursuant to objections filed by certain land owners, an enquiry was conducted and an order under Section 28(3) of the KIAD Act was passed on 26.05.2022, later amended on the next day i.e., 27.05.2022 to reflect that certain lands i.e., Sy. Nos. 118, 136 and 137 of Somalapura Village, were proposed to be left out from acquisition and it was indicated that the said lands had been purchased by the Petitioner. 5. I state that the SLAO recommended dropping of 84.51 acres out of 268.70 acres from acquisition, which included 1.75 acres in Sy.No.118, 5 acres 15 guntas in Sy.No.136 and 6.77 acres in Sy.No.137 of Somalapura Village belonging to the Petitioner. 6. I state that the ADLR, by report dated 15.05.2024, confirmed that 184.19 acres was proposed for acquisition under Section 28(4) of the KIAD Act and 84.51 acres was proposed to be dropped under Section 28(3). Although the dropping of land was proposed to be notified under Section 4 of the KIAD Act, no such order has been passed either by KIADB or the Government till date. 7. I state that on 03.06.2024 the Under Secretary, Commerce & Industry Department, sought clarification regarding four aspects of the proposal under Section 28(4), which was forwarded to the Special DC of KIADB, who furnished clarification on 05.06.2024. It was noted that litigations concerning 84.51 acres are pending before various Courts Including the Hon'ble High Court, the - 7 - HC-KAR NC: 2025:KHC-D:14841 WP No. 106737 of 2025 Jurisdictional Deputy Commissioner and Assistant Commissioner, and the proposal will be submitted only after disposal of the pending cases. 8. I state that being aggrieved by the recommendation of the Respondent No.3- Spl. LAO to delete the acquisition in respect of Sy. Nos. 118, 136 and 137 of Somalapura Village, RPCL i.e., the beneficiary of the acquisition, preferred a writ petition before this Hon'ble Court in W.P. No.105027/2023 seeking following reliefs: a. Issue a Writ in the nature of Certiorari quashing Impugned amended notification/order order bearing No. and 28/05/2003 KIADB/BHOOSWA/DA/M/S. RESOURCE CONCENTRATES PVT. LTD./2020-21 dated: 27/05/2022 and 26.05.2023 passed by Respondent No. 3 vide Annexure-J in so far as dropping Sy. No. 117, 118, 136 and 137 of Somalapur Village, Sandur Taluk from the acquisition proceedings, is concerned. b. Issue a Writ in the nature of Mandamus directing the Respondents No.1 to 3 to include properties bearing Sy. No. 117, 118, 136 and 137 of Somalapur Village, SandurTaluk in the acquisition proceedings, in the interest of justice and equity. c. Any other reliefs this Hon'ble Court deems fit for the facts and circumstances of the case. I state that the Petitioner herein was also arrayed as Respondent No. 4 in the said writ petition. I further state that during the pendency of the said writ petition, the Respondent No.3- Spl. LAO vide recommendation dated 18.06.2024 sought to withdraw the recommendation to drop the subject lands from acquisition, the said ecommendation was placed before this Hon'ble Court. This Hon'ble Court thus videorder dated 05.07.2024, held that in view of the subsequent developments it was for the State Government to exercise its power under Section 28(4) and proceed to either acquire the lands or drop them, the State was thus directed to take further steps and pass necessary - 8 - HC-KAR NC: 2025:KHC-D:14841 WP No. 106737 of 2025 orders in the matter. Copy of the order of this Hon'ble Court in W.P. No.105027/2023 dated 05.07.2024 is produced herewith as Annexure R1. 9. I state that subsequently, prior to being intimated of the order passed by this Hon'ble Court in W.P. No.105027/2023 dated 05.07.2024, the Respondent Nos. 1and 2 proceeded to issue Final Notification under Section 28(4)to the extent of 184.19 acres, the same was published on 11.07.2024, the subject lands were not mentioned therein since the final order of this Hon'ble Court was awaited. I reiterate that the said final notification was published prior to the communication of this Hon'ble Court's order to the Respondents. I state that thereafter, on 24.07.2025 RPCL submitted a representation thereby intimating the KIADB of the order dated 05.07.2024 and sought for proceeding with the acquisition of the above mentioned survey numbers by issuing final notification under Section 28(4) in respect of Sy. Nos. 118, 136 and 137 of Somalapura village. 10. I state that pursuant to the representation dated 24.07.2025 and several other representations submitted by M/s RPCL Ltd. seeking issuance of Final Notification under Section 28(4) of the KIAD Act in respect of Sy. Nos. 118, 136 and 137, the Principal Secretary to Government, Commerce & Industries Department, by letter dated 25.07.2025, forwarded the said request along with enclosures to the Chief Executive Officer & Executive Member, KIADB, directing that the matter be examined in accordance with law and in compliance with the order of this Hon'ble Court and that a suitable proposal be submitted. In furtherance thereof, the Special DC, KIADB, vide communication dated 28.07.2025, forwarded the said Government communication to the Special Land Acquisition Officer, Davanagere, instructing the SLAO to take appropriate action without delay and to submit the proposal as per the directions of the Hon'ble Court in W.P. No.105027/2023 to the government. Copy of the letter - 9 - HC-KAR NC: 2025:KHC-D:14841 WP No. 106737 of 2025 dated 25.07.2025 is produced as Annexure -R2. Copy of the letter dated 28.07.2025 is produced as Annexure- R3. 11. I state that though the aforementioned communications makes it abundantly clear that the Respondent No.2 had directed the Respondent No.3 to submit proper proposal the SLAO, instead of proceeding with the said direction due to over sight and misconception of the judgment in W.P. No.105027/2023 proceeded to reissue a fresh notice dated 01.08.2025 under Section 28(2) of the KIAD Act to the Petitioner. 12. I state that re-issuance of the notices under Section 28(2) dated 01.08.2025 was on a mistaken notion that the respondent No.3 was directed to restart the process of land acquisition afresh though the Respondent No.3 was called upon to send the proposal/ report for final notification with respect to the lands in Sy. Nos. 118, 136 and 137 of Somalapura Village. I state that sheerly due to oversight, the impugned notice under Section 28(2) was reissued. I state that this Hon'ble Court in W.P. No. 105027/23 has specifically observed that the decision to proceed with the acquisition or drop the same was to be taken by the State ΝΟΙΑ. Covernment based on the recommendation submitted by the Respondent No.3, thus, the actions of the Respondents herein are solely in furtherance to the same. 13. I state that the proposal is pending before the Government for consideration as is forthcoming from the communications dated 24.07.2025 and 28.07.2025. 1 state that such being the facts, the impugned notices dated 01.08.2025 were issued due to oversight and ought to be rendered inconsequential in light of the order passed by this Hon'ble Court in W.P. No.105027/2023, and as the matter is pending for consideration before the Respondent Nos. 1 and 2, the impugned notice ought to be rendered inconsequential. - 10 - HC-KAR NC: 2025:KHC-D:14841 WP No. 106737 of 2025 14. It is respectfully submitted in view of the stay order granted by the Hon'ble High Court of Karnataka about Annexures- P, P1 & P2, the same could not be withdrawn by KIADB. It is respectfully submitted that if Hon'ble High Court of Karnataka is kind enough to modify the stay order, the KIADB will withdraw the Annexures P, P1 & P2 dtd:01- 08-2025. 15. It is respectfully submitted that as an alternate, the Hon'ble High Court of Karnataka may kindly be pleased to quash the said Annexures and kindly reserve the right of the Government to pass suitable orders in pursuance to the judgment in W.P.No:105027/2023 dtd:05-07-2025 and kindly dispose off the present writ petition. 16. I, further humbly request the Hon'ble High Court to kindly take this of my affidavit on record and kindly pass the necessary orders in the ends of justice and enquiry. 9. The learned Senior Counsel Sri.Prabulinga Navadgi, representing the impleading applicants, submits that in the light of the affidavit so filed by the Board, nothing further would survive for consideration in the case at hand. The petition is rendered infructuous and it should be disposed as having become infructuous. Leaving open all the remedies available in law to all the parties to be availed of. 10. It transpires that the impleading applicant had approached this Court in Writ Petition No.105027 of 2023, which - 11 - HC-KAR NC: 2025:KHC-D:14841 WP No. 106737 of 2025 came to be disposed after hearing the parties by the following order: “4. Admittedly, the stage of Section 28(4) of the Act, 1966 is not yet arrived by the State Government and no orders are passed and this matter is seized with the State Government to pass orders pursuant to the recommendations were made by the SLAO as well as the KIADB under Section 28(3) of the Act, 1966 and the further clarification submitted by the Special Land Acquisition Officer at this stage. 5. Learned Senior counsel Sri Prabhuling Navadagi appearing for the petitioner contends that nothing much would survive now in view of the statement of objections filed by the KIADB that the ‘ball is in the Court of State Government’ to consider and pass orders based on the orders. Documents are annexed along with the statement of objections filed by the KIADB, one of which is dated 18.06.2024, wherein an order is passed by the SLAO, wherein it is withdrawn the proposal to drop the acquisition which was initiated and therefore he would not press the writ petition as the matter now vests with State Government to consider under Section 28(4) of the Act, 1966. Nevertheless, learned counsel Sri Shivaprasad Shantanagoudar contends that order under Section 28(3) of the Act, 1966 been revised is an illegality. That may not be required to consider as of now for the reason that the petitioner does not want to press this petition. As nothing much survives for consideration. Under the circumstances, if respondent No.4 is aggrieved, he is at liberty to question the same in accordance with law. Therefore, the present petition could be disposed of. Accordingly, I pass the following : ORDER (i) Petition is disposed in view of the documents produced by the KIADB dated 18.06.2024, whereby the SLAO has withdrawn the proposal to drop the acquisition proceedings. - 12 - HC-KAR NC: 2025:KHC-D:14841 WP No. 106737 of 2025 (ii) It is for the State Government to take the decision and if the parties are aggrieved, they are at liberty to challenge the same in accordance with law.” 11. Pursuant to the said order, the final notification was issued on 25.07.2022. The final notification is said to have come about pursuant to the order passed by the Co-Ordinate Bench, which the learned Senior Counsel Sri.Prabhuling Navadagi submits that it was issued owing to a communication gap. Be those submissions as they are. 12. In the light of the affidavit so filed by the Board, wherein, at paragraph 13 it is clearly indicated that the impugned notice would be withdrawn as it was issued by mistake under Section 28(2) of the Act, the grievance of the petitioner would no longer survive. 13. Therefore, I leave it open to the parties, to avail of all the remedies available in law and observe that the order of the Co-ordinate Bench in Writ Petition No.105027 of 2023 would continue. - 13 - HC-KAR NC: 2025:KHC-D:14841 WP No. 106737 of 2025 14. With the aforesaid observations, I deem it appropriate to dispose of these petitions as having become infructuous, reserving liberty to the parties as stated hereinabove. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RHR/CT-ASC List No.: 1 Sl No.: 12