Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010370202024 NC: 2026:KHC:47832 WP No. 17883 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 17883 OF 2024 (LA-KIADB) BETWEEN:
SMT KEERTHANA B W/O SRI H K RAVI PRASAD, AGED ABOUT 37 YEARS, R/AT NO.846, VINAYAKA LAYOUT, NAGARBHAVI II STAGE, BENGALURU - 560 072 …PETITIONER (BY SRI. ASHOK SHESHAGIRI, ADVOCATE FOR SRI. T. SESHAGIRI RAO, ADVOCTE) AND:
1.
STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY TO INDUSTRIES AND COMMERCE DEPARTMENT, DR B R AMBEDKAR VEEDHI, BENGALURU - 560 001
2.
THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD IST FLOOR, MAHARSHI ARAVIND BHAVAN, NRUPATHUNGA ROAD, BENGALURU - 560 001 REPRESENTED BY ITS COMMISSIONER
Digitally signed by HEMALATHA J Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010370202024 NC: 2026:KHC:47832 WP No. 17883 of 2024
3.
THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, IST FLOOR, MAHARSHI ARAVIND BHAVAN, NRUPATHUNGA ROAD, BENGALURU - 560 001 …RESPONDENTS (BY SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR R1 SRI. SHARAN P. SABARAD, ADVOCATE FOR R2 AND R3 SRI. NITIN PRASAD, ADVOCATE FOR R4)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DTD. 03.07.1999 IN NO.CI.196 SPQ 98 ISSUED BY THE RESPONDENTS A COPY OF WHICH IS PRODUCED AT ANNX-D SO FAR IT RELATES TO PETITION LANDS TO MEET THE ENDS OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R. NATARAJ
ORAL ORDER
The petitioner has called in question the preliminary notification dated 03.07.1999 issued by respondent No.1 bearing No.CI.196/SPQ/98 under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (henceforth referred to as "the KIAD Act'), which was
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HC-KAR
CNR: KAHC010370202024 NC: 2026:KHC:47832 WP No. 17883 of 2024
issued for the benefit of respondent No.4 in respect of the lands bearing Survey Nos.48/4, 49/12, 49/11, 49/13, 49/8, 87/3, 87/4, 87/5(old Sy.No.87), 79/8 of Hebbadi village, Kasaba Hobli, Srirangapatna Taluk, Mandya District measuring 1.35.08 acre, 20 guntas, 20 guntas, 1 acre, 1.19 acre, 2.22 acres, 1 acre, 1.03 acres, 19 guntas respectively.
2. The petitioner contends that she is the owner of the land in the aforesaid survey numbers and that respondent No.1 had issued preliminary notification dated 03.07.1999 under Section 28(1) of the KIAD Act proposing to acquire the aforesaid lands.
3. The petitioner further claims that even after several years, respondent No.1 has not taken any steps to finalize the acquisition by issuing a final notification, passing an award or taking over possession. The petitioner contends that the preliminary notification is therefore abandoned. However, it has yet cast a cloud
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HC-KAR
CNR: KAHC010370202024 NC: 2026:KHC:47832 WP No. 17883 of 2024
over the title of the petitioner and therefore, she prays that the impugned notification be quashed.
4.
Learned counsel for respondents No.2 and 3 does not dispute the fact that following preliminary notification dated 03.07.1999, no steps were taken to issue a final notification, pass an award or take over possession of the scheduled lands in question.
5. In that view of the matter, the impugned preliminary notification has spent itself and is not acted upon by respondent No.1. Therefore, it is liable to be set aside, lest it would impair the proprietary rights of the petitioner in the aforesaid properties.
6. In view of the above, I proceed to pass the following order:
ORDER i. The writ petition is allowed; ii. The impugned preliminary notification bearing No.CI.196/SPQ/98 dated 03.07.1999 in
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HC-KAR
CNR: KAHC010370202024 NC: 2026:KHC:47832 WP No. 17883 of 2024
respect of the lands mentioned above is quashed.
iii. If the name of respondent No.2 is entered in the revenue records of the land in the aforesaid survey numbers pursuant to the preliminary notification dated 03.07.1999, the same shall stand deleted and the name of the petitioner shall stand restored.
iv. It is open for respondent No.4 to take steps against respondent No.1 for not initiating action to issue a final notification within time.
v. In view of disposal of the petition, pending interlocutory applications if any, do not survive for consideration and the same stand disposed accordingly.
Sd/- (R. NATARAJ) JUDGE
SKS