Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:14442 WP No. 4185 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 4185 OF 2026 (GM-KIADB) BETWEEN:
SMT. SHIVAMMA AGED ABOUT 65 YEARS W/O LATE SRINIVAS MURTHY R/AT NO.68, IMMAVU VILLAGE, K.S.HUNDI POST, NANJANGUDU TALUK MYSORE DISTRICT - 571 302 (SENIOR CITIZEN BENEFIT NOT CLAIMED) …PETITIONER (BY SRI. B S NAGARAJ., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF INDUSTRY AND COMMERCE VIKASA SOUDHA DR. B.R. AMBEDKAR VEEDI BENGALURU 560 001.
2.
THE CHIEF EXECUTIVE OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, HEAD OFFICE NO.49 5TH FLOOR, EAST-WING KANIJA BHAVAN, RACE COURSE ROAD BENGALURU-560 001.
3.
THE DEPUTY COMMISSIONER MYSORE DISTRICT MYSURU-570 001.
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:14442 WP No. 4185 of 2026
4.
THE EXECUTIVE ENGINEER (DEVELOPMENT OFFICER) KIADB, ZONAL OFFICE K.R.S. ROAD, METAGAHALLY POST MYSURU-570 016.
5.
THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY K.R.S. ROAD, METAGAHALLY POST MYSURU-570 016.
6.
THE JOINT DIRECTOR DISTRICT INDUSTRIES CENTRE CTI BUILDING, SAYYAJI RAO ROAD MYSURU-570 001. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1, R3 & R6;
SRI. H N VASUDEVAN, ADVOCATE FOR R2, R4 & R5)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2, THE CHIEF EXECUTIVE OFFICER, KIADB, TO CONSIDER THE APPLICATION DATED 19.12.2025, COPY SUBMITTED AT ANNEXURE-A, THE RESPONDENT NO.3, DEPUTY COMMISSIONER TO CONSIDER THE APPLICATION DATED 18.12.2025 COPY SUBMITTED AT ANNEXURE-A1, AND RESPONDNET NO.4, EXECUTIVE ENGINEER, KIADB, TO CONSIDER THE APPLICATION DATED 18.12.2025, COPY SUBMITTED AT ANNEXURE-A2, FOR GRANTING OF MARGINAL AND PIECE LAND. THE TRUE COPIES OF THE SAID REPRESENTATION ARE SUBMITTED HEREWITH AT ANNEXURES-A, A1 AND A2, RESPECTIVELY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
- 3 -
HC-KAR NC: 2026:KHC:14442 WP No. 4185 of 2026
ORAL ORDER
The captioned petition is filed seeking the following reliefs:
"i) Issue a writ in the nature of Mandamus or any other appropriate Writ or order, directing the Respondent No.2, - The Chief Executive Officer, KIADB to consider the Application dated, 19.12.2025, copy submitted at Annexure-A, the Respondent No.3, Deputy Commissioner to consider the Application dated 18.12.2025 copy submitted at Annexure-A1, and Respondent No.4, Executive Engineer, KIADB, to consider the Application dated 18.12.2025, Copy submitted at Annexure-A2, for granting of marginal and piece land. The true copies of the said representation are submitted herewith at Annexures- A, A1 and A2, respectively, and ii) Pass such other order or orders as this Hon'ble court may deem fit to grant in the circumstances of the case iii) And allow this writ petitions in the interest of justice and equity."
- 4 -
HC-KAR NC: 2026:KHC:14442 WP No. 4185 of 2026
2. Heard the petitioner's counsel and the standing counsel appearing for the respondent/authority. 3. The petitioner claims to be the owner of land bearing Sy.No.454/2 measuring 1 acre 37 guntas situated at Imavu Village, Nanjangudu Taluk. It is the specific case of the petitioner that a portion of the said land was acquired by respondent No.2 for the purpose of establishment of industries. Subsequent to the acquisition, the petitioner has secured conversion of the remaining extent of land measuring 1 acre 10 guntas in the very same survey number for non-agricultural use. The said converted portion is stated to be contiguous and adjacent to the land acquired by the respondent–authority. 4. The grievance of the petitioner is in regard to the alleged inaction on the part of the respondents in not considering the request made by the petitioner seeking grant of the marginal land abutting the petitioner’s converted land. It is the contention of the petitioner that
- 5 -
HC-KAR NC: 2026:KHC:14442 WP No. 4185 of 2026
such marginal lands, which remain after acquisition and are not put to any effective use by the acquiring authority, are being allotted to the adjoining land owners in order to ensure proper utilisation of the land and to avoid leaving unusable strips of land. 5.
In support of the said claim, the petitioner has placed reliance on certain proceedings conducted by the respondents wherein similarly placed landowners have been allotted marginal lands adjoining their respective properties. Placing reliance on the said proceedings and contending that the petitioner is similarly situated, the petitioner has submitted representations to the respondents requesting for grant of the marginal land abutting his property. However, despite submission of representations as evidenced by Annexures–A, A1 and A2, the respondents have not taken any decision in the matter. Alleging inaction on the part of the respondents in considering the said representations, the petitioner has
- 6 -
HC-KAR NC: 2026:KHC:14442 WP No. 4185 of 2026
approached this Court by filing the present writ petition seeking appropriate direction. 6. Learned Standing Counsel appearing for respondent No.2 submits that the representations submitted by the petitioner would be considered and appropriate orders would be passed in accordance with law, if reasonable time is granted by this Court. 7. Recording the said submission made by the learned Standing Counsel, this Court proceeds to pass the following:
ORDER (i) The writ petition is allowed; (ii) Respondent Nos.2, 4, 5 and 6 are
directed to consider the representations submitted by the petitioner as per Annexures–A, A1 and A2 and pass appropriate orders strictly in accordance with law;
- 7 -
HC-KAR NC: 2026:KHC:14442 WP No. 4185 of 2026
(iii) While considering the representations, the respondents/authorities shall also advert to the proceedings relied upon by the petitioner, wherein marginal lands have been allotted to similarly placed landowners; (iv) The aforesaid exercise shall be completed within a period of three months from the date of receipt of a certified copy of this
order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
CA List No.: 2 Sl No.: 20