- 1 - HC-KAR NC: 2025:KHC:43194-DB WA No. 27 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 27 OF 2024 (LA-KIADB) BETWEEN: SMT. GEETHA SHETTY AGED 74 YEARS W/O S M SHETTY R/O NO.12, “GEETA” HATKESH CO-OPERATIVE SOCIETY ROAD, NO.5 JUHU, MUMBAI-400 049 ALSO RESIDING AT ‘GEETHA FARMS’, GANJIMUTT MANGALORE TALUK MANGALORE-574 144 …APPELLANT (BY SRI M S BHAGAWAT, SENIOR COUNSEL A/W SRI KRISHNA S VYAS, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE REPRESENTED BY ITS PRINCIPAL SECRETARY VIKAS SOUDHA BANGALORE-560 001 Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43194-DB WA No. 27 of 2024 2. THE KARNATAKA STATE INDUSTRIAL AREA DEVELOPMENT BOARD HAVING ITS REGISTERED OFFICE AT 4TH AND 5TH FLOOR, EAST WING KHANIJA BHAVANA RACE COURSE ROAD BANGALORE-560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER 3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA STATE INDUSTRIAL AREA DEVELOPMENT BOARD BYKAMPADI, MANGALORE DAKSHIN KANNADA-575 011 4. THE DEPUTY COMMISSIONER AND PRESIDENT PRICE FIXATION ADVISORY COMMITTEE DAKSHINA KANNADA DISTRICT MANGALORE DAKSHIN KANNADA-575 011 5. THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER MANGALORE DAKSHIN KANNADA-575 011 …RESPONDENTS (BY SRI BASAVARAJ V. SABARAD A/W SRI ASHOK N NAYAK, ADVOCATES FOR C/R-2 & R-3 SRI SUDEV HEGDE M N, AGA FOR R-1, 4 & 5) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 12.12.2023 IN W.P.NO.10983/2022 (LA-KIADB) PASSED BY THE LEARNED SINGLE JUDGE AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:43194-DB WA No. 27 of 2024 CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present intra-Court appeal has been filed impugning the judgment and order dated 12.12.2023 passed by the learned Single Judge in Writ Petition No.10983/2022. 2. The parties are referred to as per their ranking in the writ petition, for the sake of convenience. 3. Respondent No.2 had issued Preliminary Notification under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as 'the KIAD Act') on 19.08.2006 and the Final Notification under Section 28(4) of the KIAD Act was issued on 08.01.2010 for acquiring the lands including the lands bearing Survey Nos.165/1, 165/2, 165/3A, 181/1A, 181/2C, 181/3C and 228/1 of Badaga Ulipadi Village, Gurupura Hobli, Mangaluru Taluk, Dakshina Kannada - 4 - HC-KAR NC: 2025:KHC:43194-DB WA No. 27 of 2024 District. The petitioner, challenging these notifications, has filed the above writ petition seeking the following prayers: "1. Issue Writ in the nature of Certiorari or any other Writ, thereby quashing the impugned final notification vide Notification bearing No.CI 312 IPQ 2009 dated 8/1/2010 issued by the 1st Respondent and published in the Government gazette on 11/1/2010 vide Annexure-D insofar as it pertains to the Schedule Property. 2. Issue Writ in the nature of Mandamus directing the 5th Respondent to effectuate the necessary changes in the RTCs thereby setting aside the latest change effectuated in the RTC by replacing the name of the Petitioner with that of the 2nd Respondent Department, with respect to the Schedule Properties." 4. According to the petitioner, the lands in the aforesaid survey numbers were purchased by her husband under the registered sale deed dated 08.02.1999. Her husband had executed the Settlement Deed in her favour on 13.09.2016 i.e., - 5 - HC-KAR NC: 2025:KHC:43194-DB WA No. 27 of 2024 much after the Final Notification dated 08.01.2010 came to be issued under Section 28(4) of the KIAD Act. The learned Single Judge, having considered the provisions of the KIAD Act and the relevant case laws, has dismissed the writ petition. 5. Admittedly, when the Final Notification dated 08.01.2010 was issued, the petitioner did not have any right, title or interest over the properties. Her husband had not challenged the notifications and had accepted the compensation. Once the lands got vested in the Government, the execution of the settlement deed in respect of the said lands in favour of the petitioner would not entitle the petitioner of any right, title or interest in the properties. The challenge to the acquisition proceedings by the petitioner, who is claiming right over the property in terms of the settlement deed executed in her favour by her husband on 13.09.2016, is not maintainable as the petitioner does not have any right, title or interest over the lands which stood vested in the Government after the final notification came to be issued on 08.01.2010. We, therefore, do not find any substance in this appeal, which is hereby dismissed. - 6 - HC-KAR NC: 2025:KHC:43194-DB WA No. 27 of 2024 In view of dismissal of the writ appeal, pending interlocutory applications, if any, do not survive for consideration and accordingly, they stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE List No.: 1 Sl No.: 16 BKV