- 1 - HC-KAR NC: 2026:KHC:16980 WP No. 7810 of 2026 C/W WP No. 7246 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 7810 OF 2026 (LA-KIADB) C/W WRIT PETITION NO. 7246 OF 2026 (LA-KIADB) IN W.P. No. 7810/2026 BETWEEN: 1. SRI. S.A. RASHEED S/O SRI. SYED ABDUL ZAHIR, AGED ABOUT 66 YEARS, RESIDING AT NO. 17/3 HARRS ROAD, BENSON TOWN BENGALURU - 560 046 … PETITIONER (BY SRI. NARASIMHARAJU., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BENGALURU - 560 001 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICE AND EXECUTIVE MEMBER Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16980 WP No. 7810 of 2026 C/W WP No. 7246 of 2026 MAHARSHI ARAVIND BHAVAN 1st FLOOR, NRUPATHUNGA ROAD, BENGALURU - 560 001 3. THE SPECIAL DEPUTY COMMISSIONER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (KIADB) 5th FLOOR, KHANIJA BHAVAN RACE COURSE ROAD, BENGALURU - 560 001 4. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REPERSENTED BY ITS SPECIAL LAND ACQUISITION OFFICER -2 (BMICP) MAHARSHI ARAVIND BHAVAN 1st FLOOR, NRUPATHUNGA ROAD, BENGALURU - 560 001 … RESPONDENTS (BY SMT. HARISH A.S., AGA FOR R1; SRI P.V. CHANDRASHEKAR, ADVOCATE FOR R2 TO R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE PRELIMINARY NOTIFICATION DATED 05-02-2025 ISSUED BY THE 2ND RESPONDENT IN NOTIFICATION NO.CI 32 SPQ 2025 AS PER ANNEXURE-A IN SO FAR AS THE PROPERTY OF THE PETITIONER IS CONCERNED AND ISSUE WRIT OF MANDAMUS, DIRECTING THE RESPONDENT AUTHORITY TO CONSIDER THE REPRESENTATION/OBJECTION FILED BY THE PETITIONER DATED 15-11-2025 AS PER ANNEXURE-J AND ETC. - 3 - HC-KAR NC: 2026:KHC:16980 WP No. 7810 of 2026 C/W WP No. 7246 of 2026 IN W.P. NO. 7246/2026 BETWEEN: 1. SRI SYED MOHAMED MUNEER S/O SRI SYED ABDUL ZAHIR, AGED ABOUT 57 YEARS, RESIDING AT NO.4B, II MAIN, BRINDAVAN EXTENTION, MYSURU - 570 020 ... PETITIONER (BY SRI. NARASIMHARAJU., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA BENGALURU - 560 001. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER MAHARASHI ARAVIND BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD BENGALURU - 560 001. 3. THE SPECIAL DEPUTY COMMISSIONER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (KIADB) 5TH FLOOR, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU - 560 001. - 4 - HC-KAR NC: 2026:KHC:16980 WP No. 7810 of 2026 C/W WP No. 7246 of 2026 4. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REPRESENTED BY ITS SPECIAL LAND ACQUISITION OFFICER -2 (BMICP) MAHARSHI ARAVIND BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD, BENGALURU - 560 001. ... RESPONDENTS (BY SMT. HARISH A.S., AGA FOR R1; SRI P.V. CHANDRASHEKAR, ADVOCATE FOR R2 TO R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DATED 05/02/2025 ISSUED BY THE R3 IN NOTIFICATION NO. CI 32 SPQ 2025 AS PER ANNEXURE-A IN SO FAR AS THE PROPERTY OF THE PETITIONER IS CONCERNED AND ISSUE WRIT OF MANDAMUS, DIRECTING THE RESPONDENT AUTHORITY TO CONSIDER THE REPRESENTATION / OBJECTION FILED BY THE PETITIONER DATED 10/03/2025 AND 15/11/2025 AS PER ANNEXURE-G AND H AND ETC. THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 5 - HC-KAR NC: 2026:KHC:16980 WP No. 7810 of 2026 C/W WP No. 7246 of 2026 ORAL ORDER As the relief sought for in both the petitions are identical, both the matters are taken up together and disposed of by a common order. 2. The petitioners have sought for setting aside of the Preliminary Notification dated 05.02.2025 passed under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as 'the KIAD Act') by the second respondent-KIADB. 3. It is an admitted position that though orders are passed under Section 28(3) of the KIAD Act, however, no notification under Section 28(4) of the KIAD Act has been passed. 4. Submission is made on behalf of the respondents that the petitioners have a right to be heard in terms of Section 28(3) of the KIAD Act and though after hearing the petitioners, orders have been passed; however, another opportunity may be given. - 6 - HC-KAR NC: 2026:KHC:16980 WP No. 7810 of 2026 C/W WP No. 7246 of 2026 5. Taking note of such stand by the respondents and also noticing that till date no notification is passed under Section 28(4) of the KIAD Act, without entering into the other contentions raised, it would be appropriate to set aside the order passed under Section 28(3) of the KIAD Act at Annexure-T, insofar as the petitioners are concerned, and remit the matter back to the stage of hearing of the petitioners before passing orders under 28(3) of the KIAD Act. 6. The petitioners to appear before the Special Land Adjudication Officer without further notice on 02.04.2026. 7. The petitioners are at liberty to place other materials in support of their objections. All contentions are kept open. 8. In view of the above, the petitions are disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE NP