- 1 - HC-KAR NC: 2026:KHC:11504-DB WA No. 2143 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 2143 OF 2025 (LA-KIADB) BETWEEN: 1. SRI BASAVARAJU E S/O. LATE. ERALAH, AGED ABOUT 66 YEARS, R/O. N.23, 2ND CROSS, 4TH MAIN, PADUVARALLI, MYSORE - 570 012. 2. SRI. NARAYANA V., S/O. LATE VENKATAPPA M.K., AGED ABOUT 68 YEARS, R/O. NO.570, 3RD CROSS KAMATAGERI, NAJARBAADH MYSORE – 570 010. …APPELLANTS (BY SRI. S P KULKARNI, SR. ADVOCATE FOR SRI. VASANTHA KUMAR K M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPTED. BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:11504-DB WA No. 2143 of 2025 VIKASA SOUDHA M S BUILDING BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER MYSORE DISTRICT, MYSORE - 570 016. 3. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.14/3, RASTROTHANA BUILDING, NEAR RESERVE BANK, NRUPATUNGA ROAD, BENGALURU - 560 001. REPTD. BY ITS CHIEF EXECUTIVE OFFICER (CEO) 4. THE SPECIAL LAND ACQUISITION OFFICER THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (KIADB), MYSORE ZONE, K.R.S. ROAD, MYSORE - 570 016. 5. M/S. SRI. BAPUJI CONSTRUCTION PVT. LTD MALOO GODEN PARC ROYAL APARTMENT, NO.T-4, TOP PORTION, NO.913/A, R.R. NAGARA MAIN ROAD, OPP. ICICI BANK, BENGALURU - 560 098. REPTD. BY ITS MANAGING DIRECTOR, SRI. J.BAPUJI, AGED ABOUT 62 YEARS. 6. SRI. VEERABHADRAIAH S/O. LATE PAPAIAH, AGED ABOUT 73 YEARS, R/O. HOSA ANANDURU VILLAGE, BELAGOLA HOBLI, - 3 - HC-KAR NC: 2026:KHC:11504-DB WA No. 2143 of 2025 SRIRANGAPATNA TALUK - 571477. 7. SRI. THYAGARAJU S/O. LATE PAPAIAH, AGED ABOUT 71 YEARS, R/O. HOSA ANANDURU VILLAGE, BELAGOLA HOBLI, SRIRANGAPATNA TALUK - 571 477. 8. SRI. JAYARAM S/O. LATE PAPAIAH AGED ABOUT 67 YEARS R/O HOSA ANANDURU VILLAGE BELAGOLA HOBI SRIRANGAPATNA TALUK – 571 477. …RESPONDENTS (BY SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R1 & R2; SRI. ASHOK HARANAHALLI, SR.ADVOCATE FOR SRI. NARASIMHARAJU, ADVOCATE FOR R5 - R8; SRI. P V CHANDRASHEKAR, ADVOCATE FOR R3 & R4) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR THE RECORDS IN WP No. 4524/2025 (LA-KIADB) ON THE FILE OF THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT AND SET ASIDE THE ORDER DATED 27.11.2025 MADE IN WP No. 4524/2025 (LA- KIADB), PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT AND ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH - 4 - HC-KAR NC: 2026:KHC:11504-DB WA No. 2143 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present intra-court appeal has been filed impugning the judgment and order dated 27.11.2025 passed by the learned Single Judge in Writ Petition No.4524/2025 filed by the respondent Nos.5 to 8 herein. 2. The parties are referred to as per their ranking before the writ court. 3. The said writ petition came to be filed by the petitioners seeking review and recall of the order dated 13.11.2024 passed by the learned Single Judge in Writ Petition No. 28111/2024. They also sought to initiate criminal proceedings against the petitioners in the Writ Petition No.28111/2024 and the officials of the Karnataka Industrial Area Development Board (for short ‘KIADB’), who allegedly colluded with the said petitioners in filing the affidavit before the writ court that the land bearing Survey No.65, measuring 3 acres 16 guntas of Shayadanahalli Village, Mysore Taluk and District, was not the subject matter of any acquisition proceedings. - 5 - HC-KAR NC: 2026:KHC:11504-DB WA No. 2143 of 2025 4. The learned Single Judge having noted the fact that the preliminary notification in respect of the said land and other lands for acquisition was issued on 19.05.1974 under Section 28(1) of the Karnataka Industrial Area Development Act, 1966 (for short ‘KIADB Act’) and the final notification came to be issued on 28.04.1977 under Section 28(4) of the KIADB Act and the affidavit filed by on behalf of the KIADB was against the record, has recalled the order dated 13.11.2024 and dismissed writ petition filed by the petitioners in Writ Petition No.28111/2024. The learned Single Judge has rightly recorded that the KIADB had allotted the land in favour of M/s. Mandya Chemicals Private Limited and a sale deed came to be executed in favour of M/s. Mandya Chemicals on 27.07.2006 by KIADB. These facts were not brought to the notice of the Court at the time of passing the order dated 13.11.2024 in Writ Petition No.28111/2004. 5. The petitioners in Writ Petition No.28111/2024 have purchased the land allegedly in the year 2024 from the original owners who did not have any right, title and interest in the property inasmuch as the land stood - 6 - HC-KAR NC: 2026:KHC:11504-DB WA No. 2143 of 2025 acquired in pursuance of the final notification dated 28.04.1977 issued by the Government under Section 28(4) of the KIADB Act. 6. We are of the firm opinion that the affidavit filed on behalf of the KIADB was a collusive act to favour the petitioners in Writ Petition No.28111/2024. We find no error in the impugned judgment and order passed by the learned Single Judge and we, therefore, dismiss this writ appeal and affirm the impugned judgment and order. In view of the dismissal of the writ appeal, pending applications, if any, do not survive for consideration and the same are disposed of. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE Bss List No.: 1 Sl No.: 14