- 1 - HC-KAR NC: 2025:KHC:49214 WP No. 4524 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.4524 OF 2025 (LA-KIADB) BETWEEN: 1. M/S SRI. BAPUJI CONSTRUCTION PRIVATE LIMITED MALOO GOLDEN PARC ROYAL APARTMENT, NO.T-4, TOP PORTION, NO.913/A, R.R.NAGARA MAIN ROAD, OPP. ICICI BANK, BENGALURU – 560 098. REPRESENTED BY ITS MANAGING DIRECTOR SRI. J. BAPUJI, AGED ABOUT 62 YEARS. 2. SRI. VEERABHADRAIAH, S/O LATE PAPAIAH, AGED ABOUT 73 YEARS, R/O HOSA ANANDURU VILLAGE, BELAGOLA HOBALI, SRIRANGAPATNA TALUK – 571 477 3. SRI. THYAGARAJU, S/O LATE PAPAIAH, AGED ABOUT 71 YEARS, R/O HOSA ANANDURU VILLAGE, BELAGOLA HOBALI, SRIRANGAPATNA TALUK – 571 477 4. SRI. JAYARAM, S/O LATE PAPAIAH, AGED ABOUT 67 YEARS, R/O HOSA ANANDURU VILLAGE, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49214 WP No. 4524 of 2025 BELAGOLA HOBALI, SRIRANGAPATNA TALUK – 571 477 …PETITIONERS (BY SRI. SUBRAMANYA R, ADVOCATE FOR SRI. NARASIMHARAJU., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, M.S. BUILDING, BENGALURU – 560 001. 2. THE DEPUTY COMMISSIONER, MYSORE DISTRICT, MYSORE – 570 016 3. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.14/3, RASTROTHANA BUILDING, NEAR RESERVE BANK, NRUPATUNGA ROAD, BENGALURU – 560 001. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER (CEO) 4. THE SPECIAL LAND ACQUISITION OFFICER, THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (KIADB), MYSORE ZONE, K.R.S. ROAD, MYSORE – 570 016. 5. SRI. BASAVARAJU E., S/O LATE ERAIAH, AGED ABOUT 66 YEARS, R/O NO.23, 2ND CROSS, 4TH MAIN, PADUVARALLI, MYSORE – 570 012. - 3 - HC-KAR NC: 2025:KHC:49214 WP No. 4524 of 2025 6. SRI. NARAYANA V. S/O LATE VENKATAPPA M.K., AGED ABOUT 68 YEARS, R/O NO.570, 3RD CROSS, KAAMAATAGERI, NAJARBAADH, MYSORE – 570 010. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA FOR R1 & R2; SRI. P.V.CHANDRASHEKAR, ADVOCATE FOR R3 & R4; SRI. K.MANOHARACHARI A/W SRI. V.B.SHIVAKUMAR, ADVOCATES FOR R5 & R6) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE THE WRIT OF MANDAMUS TO REVIEW AND RECALL THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.28111/2024 DATED 13.11.2024 AS PER ANNEXURE-A; b) CONSEQUENTLY, INITIATE CRIMINAL PROCEEDINGS AGAINST RESPONDENT NOS.3 AND 4 KIADB OFFICIALS AND ALSO TO THE PRIVATE RESPONDENTS FOR CREATION OF THE SALE DEED AND ALSO MISREPRESENTING TO THE LEARNED SINGLE JUDGE, WHILE FILING STATEMENT OF OBJECTION TO THE WRIT PETITION IN WRIT PETITION NO.28111/2024 FOR PASSING THE IMPUGNED ORDER; c) ISSUE SUCH OTHER WRIT, ORDER OR DIRECTIONS AS MAY BE DEEMED FIT TO ISSUE IN THE CIRCUMSTANCES OF THIS CASE INCLUDING AN ORDER AS TO COST IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:49214 WP No. 4524 of 2025 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. In this writ petition, the petitioners have sought for review and recall of the order dated 13.11.2024 in WP.No.28111/2024 (Annexure-A). Consequently, sought to initiate criminal proceedings against respondent Nos.3 and 4 and the officials of the respondent No.3/KIADB. 3. Sri.Subramanya.R., learned counsel appearing on behalf of Sri.Narasimharaju for the petitioners submitted that the respondent-authorities have initiated acquisition proceedings in respect of the land bearing Sy.No.65 of Shyadanahally Village, Kasaba Hobli, Mysore Taluk and District and thereafter, a Preliminary Notification was issued on 24.02.1975 and further Final Notification was passed. Thereafter, the land in question was taken possession by the respondent No.3/ KIADB as per Annexure-M dated 10.02.1977 and the allotment as per Annexure-L to the writ petition. It is contended by the learned counsel appearing for the petitioners that, thereafter, the registered Sale Deed dated 27.07.2006 - 5 - HC-KAR NC: 2025:KHC:49214 WP No. 4524 of 2025 (Annexure-Q) has been made in favour of M/s. Mandya Chemicals Pvt. Ltd. by the respondent No.3/KIADB and the said aspect of the matter was not brought to the notice before this Court at the time of hearing in WP.No.28111/2024 and accordingly, it is submitted by the learned counsel for the petitioners that the impugned order at Annexure-A requires to be reviewed for the reason that misrepresentation has been made by the petitioners therein (the private respondents in the present writ petition) and therefore the factual aspects have to be brought on record and accordingly sought for interference of this Court. 4. Sri.V.B.Shivakumar and Sri.K.Manohara chari, learned counsel appearing for respondent Nos.5 and 6 reiterated the averments made in the statement of objection and it is the specific contention of Sri.V.B.Shivakumar, learned counsel representing the private respondents that, the dispute is with regard to taking possession and the private respondents are in possession of the schedule property as on today and therefore, as to the disputed question of facts involved, the same has to be agitated and determined before the competent Civil Court - 6 - HC-KAR NC: 2025:KHC:49214 WP No. 4524 of 2025 and therefore, no interference is called for in this writ petition. Accordingly, sought for dismissal of the writ petition. 5. Sri.P.V.Chandrashekar, learned counsel appearing for respondent Nos.3 and 4, reiterated the averments made in the statement of objections. 6. In the light of the submissions made by the learned counsel appearing for the parties, respondent Nos.5 and 6 herein have preferred WP.No.28111/2024 and in the said writ petition, the petitioners therein have challenged the Notification dated 19.05.1974 (Annexure-A therein) issued by the Government under Section 3 of the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as 'Act'). It is also to be noted from paragraph No.3 of the impugned order at Annexure-A to present writ petition, that the respondent- authorities have not issued Preliminary Notification under Section 28(1) of the Act and Final Notification under Section 28(4) of the Act and based on the said submission, the impugned order at Annexure-A came to be passed. However, the petitioners herein in the present writ petition, have produced the relevant documents as to the issuance of the - 7 - HC-KAR NC: 2025:KHC:49214 WP No. 4524 of 2025 Preliminary Notification under Section 28(1) of the Act on 24.02.1975 (Annexure-G) and Final Notification dated 05.05.1977 (Annexure-H) and thereafter, the respondent No.3/KIADB had taken possession of the land in question i.e., Sy.No.65 and 120 of Shyadanahally Village, Mysore Taluk and the possession was given to the allottee - M/s. Mandya Chemicals Pvt. Ltd. as per Annexure-M to the writ petition dated 16.03.1977. It is also forthcoming from the records that as per Annexure-N, an agreement of sale was executed in favour of M/s. Mandya Chemicals by the respondent No.3/ KIADB. That apart, the registered sale deed dated 27.07.2006 (Annexure-Q) has been made in favour of M/s. Mandya Chemicals Pvt. Ltd. by the respondent No.3/KIADB and these facts were not brought to the notice of this Court at the time of passing of the order at Annexure-A to the writ petition. In that view of the matter, since the registered sale deed has been made in favour of M/s. Mandya Chemicals as per Annexure-Q to the writ petition, I find force in the submission made by the learned counsel appearing for the petitioners. It is made clear that these facts were not brought to the notice of this Court at the time of disposal of the petition in WP.No.28111/2024 - 8 - HC-KAR NC: 2025:KHC:49214 WP No. 4524 of 2025 (Annexure-A) and this Court with a premise that no Preliminary Notification nor Final Notification has been issued insofar as the subject matter is concerned and as such passed the order at Annexure-A. However, on careful examination of the present writ petition, the respondent-authorities have issued the acquisition proceedings at Annexure-G and Annexure-H to the writ petition. Therefore, I pass the following- ORDER (i) The writ petition is allowed. (ii) The order dated 13.11.2024 in WP.No.28111/2024 (Annexure-A) passed by this Court is hereby set aside. Hence, WP.No.28111/2024 is dismissed. SD/- (E.S.INDIRESH) JUDGE MEG List No.: 1 Sl No.: 17