- 1 - HC-KAR NC: 2026:KHC:5446 WP No. 31 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.31 OF 2026 (GM-CPC) BETWEEN: THE SPECIAL LAND ACQUISITION OFFICER (METRO) KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.14/3, ARAVINDA BHAVAN NRUPATHUNGA ROAD, BENGALURU 560 001. …PETITIONER (BY SRI. CHANDRASHEKAR P.V., ADVOCATE) AND: 1. M/S MYTHRI HOUSING PVT. LTD. HAVING REGISTERED OFFICE AT “SOLUS”, 2ND FLOOR, NO.2, 1ST CROSS, J.C. ROAD, BENGALURU 560027 REP. BY ITS AUTHORIZED REPRESENTATIVE MR. GURURAJ K.S. S/O KRISHNAMURTHY AGED 49 YEARS, THE GENERAL MANAGER (LIASONING) (REGISTERED UNDER COMPANY ACT) 2. BENGALURU METRO RAIL CORPORATION LIMITED (BMRCL) 3RD FLOOR, BMTC COMPLEX DOUBLE ROAD, BENGALURU – 560 027 REP. BY ITS MANAGING DIRECTOR …RESPONDENTS (BY SRI.M.S.SHYAM SUNDAR, SENIOR COUNSEL APPEARING FOR SRI. SANTOSH S. NAGARALE, ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5446 WP No. 31 of 2026 THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN LAC 47/2018 ON THE FILE OF HON'BLE II ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-17) AND ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER TO QUASH THE PROCEEDING IN LAC 47/2018 ON THE FILE OF HON'BLE II ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-17) AT ANNEXURE-B1 AND CONSEQUENTLY REJECT THE PROCEEDINGS IN LAC 47/2018 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “I. Call for the records in LAC 47/2018 on the file of Hon'ble II Additional City Civil and Sessions Judge Bengaluru (CCH-17) Il. Issue a writ of certiorari or any other writ or order to quash the proceeding in LAC 47/2018 on the file of Hon'ble II Additional City Civil and Sessions Judge Bengaluru (CCH-17) at Annexure-B1 and consequently reject the proceedings in LAC 47/2018. III. Issue a writ of certiorari or any other writ or order to quash / set aside the order dated 15.11.2025 passed on I.A.No.7 in LAC 47/2018 on the file of Hon'ble II Additional City Civil and Sessions Judge Bengaluru (CCH-17) at Annexure-E and consequently allow the I.A. No. 7 vide annexure- C as prayed for. - 3 - HC-KAR NC: 2026:KHC:5446 WP No. 31 of 2026 IV. Issue any other relief / reliefs as deems fit to grant in the facts and circumstances of the case by this Hon'ble court and to award costs in the interest of justice & equity “ 2. This petition by the respondent in LAC No.47/2018 is directed against the impugned order dated 15.11.2025 whereby the I.A.No.7 filed by the petitioner – KIADB seeking impleadment of respondent No.2 – BMRCL as additional respondent No.2 in LAC No.47/2018 pending before the Reference Court was dismissed by the Reference Court. 3. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 4. A perusal of the material on record will indicate that the 1st respondent initiated the reference proceedings in LAC No.47/2018 against the petitioner-KIADB, who was arrayed as the sole respondent. It is a matter of record and an undisputed fact that the petitioner is opposing / contesting the reference proceedings filed by the 1st respondent – claimant. During pendency of the proceedings, the petitioner – KIADB filed the instant application seeking impleadment of 2nd respondent-BMRCL - 4 - HC-KAR NC: 2026:KHC:5446 WP No. 31 of 2026 as an additional respondent to the reference proceedings on the ground that the 2nd respondent-BMRCL is the beneficiary of the acquisition proceedings. The said application having been opposed by the 1st respondent - claimant, the Reference Court proceeded to pass the impugned order rejecting the application, aggrieved by which the petitioner is before this Court by way of the present petition. 5. Learned Senior Counsel for 1st respondent-claimant on instructions submits that he has no objection for the impugned order to be set aside and 2nd respondent to be impleaded as additional respondent No.2 to the reference proceedings by leaving open all contentions of the parties to be decided by the Reference Court, in accordance with law. 6. Per contra, learned counsel for the petitioner on instructions submits that he would not be pressing prayer No.(II), but all contentions in this regard may be left open to be urged and decided by the Reference Court, in accordance with law. 7. Learned counsel for 2nd respondent – BMRCL would submit that he would file objections to the main reference petition - 5 - HC-KAR NC: 2026:KHC:5446 WP No. 31 of 2026 and take up all contentions, which may be decided by the Trial Court, in accordance with law. In view of the aforesaid facts and circumstances and joint submissions made by him, I deem it just and appropriate to set aside the impugned order and allow I.A.No.7 and issue certain directions to the Reference Court. 8. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned order dated 15.11.2025 passed on I.A.No.7 in LAC No.47/2018 by the Reference Court is hereby set aside. (iii) I.A.No.7 is hereby allowed. The 2nd respondent – BMRCL is directed to be impleaded as additional respondent No.2 to LAC No.47/2018. (iv) 1st respondent-claimant is directed to carry out amendment and file amended cause title on the next date of hearing before the Reference Court. (v) Liberty is reserved in favour of the 2nd respondent-BMRCL to file statement of objections and take - 6 - HC-KAR NC: 2026:KHC:5446 WP No. 31 of 2026 up all contentions including maintainability, jurisdiction, limitation, etc., in support of its defence. (vi) Liberty is also reserved in favour of the petitioner-KIADB and 1st respondent-claimant to put-forth all their contentions before the Reference Court. (vii) The Reference Court is directed to consider all rival contentions on all aspects of the matter including maintainability, jurisdiction, limitation, etc., and dispose of the reference proceedings within a period of six months from the date of receipt of copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV; List No.: 2 Sl No.: 105