- 1 - HC-KAR NC: 2026:KHC:3461-DB WA No. 1845 of 2024 C/W WA No. 1846 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 1845 OF 2024 (LA-KIADB) C/W WRIT APPEAL NO. 1846 OF 2024 (LA-KIADB) IN WA No. 1845/2024 BETWEEN: 1. SRI R SHANKAR S/O LATE N. RAMEGOWDA, AGED ABOUT 57 YEARS, R/A KANIVENAHALLI VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR-563130 2. SRI S CHANDRE GOWDA, S/O LATE N. SOMEGOWDA, AGED ABOUT 66 YEARS, R/A KANIVENAHALLI VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR 563130 3. SRI. S. SRIKANTH GOWDA, S/O LATE N. SOMEGOWDA, AGED ABOUT 61 YEARS, R/A KANIVENAHALLI VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR-563130 Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3461-DB WA No. 1845 of 2024 C/W WA No. 1846 of 2024 4. SRI. KISHORE N. GOWDA, S/O LATE A.R NANJEGOWDA, AGED ABOUT 30 YEARS, R/A ARABIKOTHANUR VILLAGE, VAKKALERI HOBLI, KOLAR-563133 5. SRI. A.R. MALLIKARJUNA, S/O LATE RAJE GOWDA, AGED ABOUT 49 YEARS, R/A ARABIKOTHANUR VILLAGE, VAKKALERI HOBLI, KOLAR-563133 6. SRI. A.R ARUN KUMAR, S/O LATE RAJE GOWDA, AGED ABOUT 47 YEARS, R/ARABIKOTHANUR VILLAGE, VAKKALERI HOBLI, KOLAR-563133 7. SRI. A. R SAMPATH KUMAR, S/O LATE RAJE GOWDA, AGED ABOUT 40 YEARS, R/A ARABIKOTHANUR VILLAGE, VAKKALERI HOBLI, KOLAR-563133 ALL ARE REPRESENTED BY ITS GPA HOLDER, M/S LOGIY LANDMARK PRIVATE LIMITED, BY ITS DIRECTOR, B R V KUMAR HAVING OFFICE AT NO.151, SHANTI NILAYA, NEAR SIMPLI NAMDHARIS, 10TH 'A' MAIN ROAD, 1ST BLOCK, JAYANAGAR, BENGALURU-560011 …APPELLANTS (BY SRI. SHIVAPRASAD SHANTANAGOUDAR., ADVOCATE) AND: 1. STATE OF KARNATAKA - 3 - HC-KAR NC: 2026:KHC:3461-DB WA No. 1845 of 2024 C/W WA No. 1846 of 2024 DEPARTMENT OF COMMERCE AND INDUSTRIES, REP. BY ITS PRINCIPAL SECRETARY, VIKASA SOUDHA, BENGALURU- 560001 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT REP. BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU- 560001 …RESPONDENTS (BY SRI. M.N SUDEV HEGDE., AGA FOR R1; SMT. VASANTHA, ADVOCATE FOR R2) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 12.11.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP No. 27835/2024 AND THEREBY ALLOW THE WRIT PETITION AS PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY, ETC. IN WA NO. 1846/2024 BETWEEN: 1. SRI S CHANDRE GOWDA, S/O LATE N. SOMEGOWDA, AGED ABOUT 66 YEARS, R/A KANIVENAHALLI VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR-563130 2. SRI. S. SRIKANTH GOWDA, S/O LATE N. SOMEGOWDA, AGED ABOUT 61 YEARS, R/A KANIVENAHALLI VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR-563130 3. SRI. KISHORE N. GOWDA, S/O LATE A.R NANJEGOWDA, AGED ABOUT 30 YEARS, R/A ARABIKOTHANUR VILLAGE, - 4 - HC-KAR NC: 2026:KHC:3461-DB WA No. 1845 of 2024 C/W WA No. 1846 of 2024 VAKKALERI HOBLI, KOLAR-563133 4. SRI. A.R. MALLIKARJUNA, S/O LATE RAJE GOWDA, AGED ABOUT 49 YEARS, R/A ARABIKOTHANUR VILLAGE, VAKKALERI HOBLI, KOLAR-563133 5. SRI. A.R ARUN KUMAR, S/O LATE RAJE GOWDA, AGED ABOUT 47 YEARS, R/A ARABIKOTHANUR VILLAGE, VAKKALERI HOBLI, KOLAR-563133 6. SRI. A. R SAMPATH KUMAR, S/O LATE RAJE GOWDA, AGED ABOUT 40 YEARS, R/A ARABIKOTHANUR VILLAGE, VAKKALERI HOBLI, KOLAR-563133 ALL ARE REPRESENTED BY ITS GPA HOLDER, M/S LOGIY LANDMARK PRIVATE LIMITED, BY ITS DIRECTOR, B R VENKATESH KUMAR HAVING OFFICE AT NO.151, SHANTI NILAYA, NEAR SIMPLI NAMDHARIS, 10TH 'A' MAIN ROAD, 1ST BLOCK, JAYANAGAR, BENGALURU-560011 ...APPELLANTS (BY SRI. SHIVAPRASAD SHANTANAGOUDAR., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES, REP. BY ITS PRINCIPAL SECRETARY, VIKASA SOUDHA, BENGALURU- 560001 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REP. BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER KHANIJA BHAVAN, - 5 - HC-KAR NC: 2026:KHC:3461-DB WA No. 1845 of 2024 C/W WA No. 1846 of 2024 RACE COURSE ROAD, BENGALURU- 560001 ...RESPONDENTS (BY SRI. M.N.SUDEV HEGDE, AGA FOR R1; SMT. VASANTHA, ADVOCATE FOR R2) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 12.11.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP No-27828/2024 AND THEREBY ALLOW THE WP AS PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPEALS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra Court appeals have been filed impugning the judgment and order dated 12.11.2024 passed by the learned Single Judge in W.P.No.27835/2024. 2. The appellants/petitioners have filed the aforesaid writ petition assailing the Notifications issued under Section 3(1) and Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as 'the KIAD Act') both dated 10.09.2024. The contention of the - 6 - HC-KAR NC: 2026:KHC:3461-DB WA No. 1845 of 2024 C/W WA No. 1846 of 2024 appellants/petitioners before the learned Single Judge was that the preliminary notification was contrary to the Circulars dated 03.03.2007 and 08.03.2013 issued by the Government. 3. The learned Single Judge, relying on the judgment of the Division Bench of this Court in W.A.No.39/2024 which was decided on 11.03.2024, in which the circulars dated 03.03.2007 and 08.03.2013 were considered, has dismissed the writ petition holding that the preliminary notification cannot be quashed, however, the petitioners would be entitled to challenge the final notification, if any, issued by the respondent-Authorities, if they are so aggrieved. 4. The learned Single Judge has taken note of paragraph 21 of the judgment of the Supreme Court in the case of HMT LTD REP. BY ITS DY. GENERAL MANAGER (HRM) AND ANOTHER Vs. MUDAPPA AND OTHERS reported in (2007) 9 SCC 768, which reads as under: "21. The scheme of Section 28 is thus similar to the scheme of acquisition of land under the Land Acquisition Act, 1894 under which such preliminary notification is issued, opportunity of being heard is afforded to the persons interested in the land and only thereafter final - 7 - HC-KAR NC: 2026:KHC:3461-DB WA No. 1845 of 2024 C/W WA No. 1846 of 2024 notification can be issued. At the stage of raising objections against acquisition, it is open to the respondents herein to raise all contentions. In spite of such objections, if final notification is issued by the State, it is open to them to take appropriate proceedings or to invoke jurisdiction of the High Court under Article 226 of the Constitution. Unfortunately, however, the High Court entertained the petition and quashed the preliminary notification overruling well-founded objection as to maintainability of petition raised by the State and the appellants herein." 5. Under the Scheme of the KIADB Act, once preliminary notification is issued for acquisition of certain lands as mentioned in the notification, the notices are issued to the owners of the lands under Section 28(2) of the KIADB Act inviting their objections in respect of the proposed acquisition of lands. The objections are considered by the Karnataka Industrial Areas Development Board (KIADB) under Section 28(3) of the KIADB Act and thereafter, the final notification is issued. 6. The petitioners have come before this Court challenging the preliminary notification before exhausting the remedy provided under the KIADB Act. We do not find that the - 8 - HC-KAR NC: 2026:KHC:3461-DB WA No. 1845 of 2024 C/W WA No. 1846 of 2024 learned Single Judge has committed an error of law which requires an interference by this Court. However, we make it clear that the KIADB shall issue notice to the petitioners under Section 28(2) of the KIADB Act inviting them to file their objections to the proposed acquisition of the land and their objections shall be considered expeditiously in accordance with law before issuing the final notification. The petitioners are given liberty to raise all objections including based on the two circulars on which they have placed reliance. 7. With the aforesaid directions and liberty to the petitioners, we dispose of these appeals SD/- (D K SINGH) JUDGE SD/- (S RACHAIAH) JUDGE RKA List No.: 1 Sl No.: 21