Karnataka High Court
Karnataka Industrial vs A V Shivappa on 6 November, 2025
-1-
NC: 2025:KHC:45876-DB
W.A. No.858/2025
CONNECTED WITH MATTERS
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2025
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT APPEAL NO.858/2025
C/W
W.A. NO.55/2023, W.A. NO.65/2023
W.A.NO.67/2023, W.A. NO.1150/2023,
W.A. NO.1250/2023, W.A.NO.1290/2023,
W.A. NO.1305/2023, W.A.NO.1323/2023,
W.A. NO.1324/2023, W.A.NO.1327/2023,
W.A. NO.1338/2023, W.A.NO.1390/2023,
W.A.NO.1396/2023, W.A.NO.1406/2023,
Digitally signed by
RUPA V W.A.NO.1407/2023, W.A.NO.340/2024,
Location: High
Court Of W.A.NO.345/2024, W.A.NO.1057/2024,
Karnataka
W.A.NO.370/2025, W.A.NO.831/2025,
W.A.NO.846/2025, W.A.NO.884/2025,
W.A.NO.920/2025 (LA-KIADB)
IN W.A. No.858/2025:
BETWEEN:
1. KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD
REP. BY ITS CHIEF EXECUTIVE OFFICER
4TH FLOOR, KHANIJA BHAVANA
RACE COURSE ROAD, BENGALURU-560 001.
-2-
NC: 2025:KHC:45876-DB
W.A. No.858/2025
CONNECTED WITH MATTERS
HC-KAR
2. THE SPECIAL DEPUTY COMMISSIONER
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
4TH FLOOR, KHANIJA BHAVANA
RACE COURSE ROAD
BENGALURU-560001.
3. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
4TH FLOOR, KHANIJA BHAVANA
RACE COURSE ROAD, BENGALURU-560 001.
...APPELLANTS
(BY SRI. H.L. PRADEEP KUMAR, ADV.,)
AND:
1. A.V. SHIVAPPA
AGED ABOUT 48 YEARS
S/O VENKATARAMAPPA
R/AT ADIGANAHALLI VILLAGE
HOSAHUDYA POST, KASABA HOBLI
BAGEPALLI TALUK
CHIKKABALLAPUR DISTRICT-561207.
2. STATE OF KARNATAKA
BY PRINCIPAL SECRETARY
DEPARTMENT OF INDUSTRY AND COMMERCE
VIKASA SOUDHA, BANGALORE 560001.
...RESPONDENTS
(BY SMT. PRAMODHINI KISHAN, AGA FOR R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED
17.02.2022 IN WP No.22434/2021 (LA-KIADB) PASSED BY THE
LEARNED SINGLE JUDGE AND DISMISS THE WP WITH COSTS
THROUGH OUT IN THE INTEREST OF JUSTICE AND EQUITY.
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NC: 2025:KHC:45876-DB
W.A. No.858/2025
CONNECTED WITH MATTERS
HC-KAR
IN W.A. NO.55/2023:
BETWEEN:
1. KARNATAKA INDUSTRIAL
AREAS DEVELOPMENT BOARD
NO.49, 4TH AND 54TH FLOORS
EAST WING, KHANIJA BHAVAN
RACE COURSE ROAD
BENGALURU-560001
REP. BY ITS CHIEF EXECUTIVE OFFICER
AND EXECUTIVE MEMBER.
2. SPECIAL LAND ACQUISITION OFFICER
THE KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD,
NO.49, 4TH AND 5TH FLOORS, EAST WING
KHANIJA BHAVAN, RACE COURSE ROAD
BENGALURU-560001.
...APPELLANTS
(BY SRI. CHANDRASHEKAR P.V. ADV.,)
AND:
1. SRI. P. GOPALA REDDY
S/O POLAREDDY
AGED ABOUT 52 YEARS
R/AT KARINAYAKANAHALLI
KASABA HOBLI, MALUR TALUK
KOLAR DISTRICT-563130.
2. THE STATE OF KARNATAKA
DEPARTMENT OF INDUSTRIES AND COMMERCE
VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI
BENGALURU-560001
REPRESENTED BY ITS SECRETARY.
...RESPONDENTS
-4-
NC: 2025:KHC:45876-DB
W.A. No.858/2025
CONNECTED WITH MATTERS
HC-KAR
(BY SMT. PRAMODHINI KISHAN, AGA FOR R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE
THE ORDER DATED 30.08.2021 PASSED IN WP
No.14839/2021 (LA-KIADB) BY THE LEARNED SINGLE
JUDGE OF THIS HONBLE COURT AND CONSEQUENTLY
DISMISS THE WP & ETC.
IN W.A. NO.65/2023:
BETWEEN:
1. THE KARNATAKA INDUSTRIAL
AREAS DEVELOPMENT BOARD (KIADB)
EAST WING, NO.49, 4TH FLOOR
KHANIJA BHAVAN, RACE COURSE ROAD
BENGALURU-560001
REP. BY ITS CHIEF EXECUTIVE OFFICER
AND EXECUTIVE MEMBER.
2. THE KARNATAKA INDUSTRIAL
AREAS DEVELOPMENT BOARD
NO.39, SHANTHI GRUHA, 4TH FLOOR
THE BHARATH SCOUTS AND GUIDES
BUILDING, PALACE ROAD
BENGALURU-560001
REP. BY ITS SPECIAL LAND ACQUISITION OFFICER.
...APPELLANTS
(BY SRI. P.V. CHANDRASHEKAR, ADV.,)
AND:
1. SRI. N. RAMAKRISHNA REDDY
S/O K. NANJAREDDY
AGED ABOUT 73 YEARS
R/AT NO.521, 16TH CROSS
16TH MAIN, 4TH SECTOR
HSR LAYOUT, BENGALURU-560102.
-5-
NC: 2025:KHC:45876-DB
W.A. No.858/2025
CONNECTED WITH MATTERS
HC-KAR
2. THE STATE OF KARNATAKA
DEPARTMENT OF INDUSTRIES AND COMMERCE
VIKASA SOUDHA
DR. B.R. AMBEDKAR VEEDHI
BENGALURU-560001
REPRESENTED BY ITS SECRETARY.
...RESPONDENTS
(BY SMT. PRAMODHINI KISHAN, AGA FOR R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE
THE ORDER DATED 10.11.2021 PASSED IN WP
No.13146/2021 (LA-KIADB) BY THE LEARNED SINGLE
JUDGE OF THIS HONBLE COURT AND CONSEQUENTLY
DISMISS THE WP & ETC.
IN W.A. NO.67/2023:
BETWEEN:
1. KARNATAKA INDUSTRIAL
AREAS DEVELOPMENT BOARD
NO.49, 4TH AND 5TH FLOORS
EAST WING, KHANIJA BHAVAN
RACE COURSE ROAD
BENGALURU -560001
REPRESENTED BY
ITS MANAGING DIRECTOR.
NOTE: THE CORRECT DESIGNATION IS
CHIEF EXECUTIVE OFFICER
AND EXECUTIVE MEMBER
AND WRONGLY DESCRIBED
AS MANAGING DIRECTOR.
2. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD, NO.49
4TH AND 5TH FLOORS, EAST WING
-6-
NC: 2025:KHC:45876-DB
W.A. No.858/2025
CONNECTED WITH MATTERS
HC-KAR
KHANIJA BHAVAN
RACE COURSE ROAD
BENGALURU -560001.
...APPELLANTS
(BY SRI. P.V. CHANDRASHEKAR, ADV.,)
AND:
1. SRI. P. PRANESH RAO
S/O K.V. PUTTAIAH
AGED ABOUT 72 YEARS.
2. SRI. K.P. DIVAKAR
S/O P. PRANESH RAO
AGED ABOUT 50 YEARS.
BOTH ARE R/AT
K.B. HOSAHALLI VILLAGE
NARASAPURA HOBLI
KOLAR TALUK
KOLAR DISTRICT -563130.
3. THE STATE OF KARNATAKA
DEPARTMENT OF INDUSTRIES AND COMMERCE
VIKASA SOUDHA
DR B.R. AMBEDKAR VEEDHI
BENGALURU -560001
REPRESENTED BY ITS SECRETARY.
...RESPONDENTS
(BY SRI. MURALIDHAR B.N. ADV., FOR R1 & R2
SMT. PRAMODHINI KISHAN, AGA FOR R3)
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE
THE ORDER DATED 21/12/2020 PASSED IN WP
NO.28232/2019 BY THE LEARNED SINGLE JUDGE OF THIS
HON'BLE COURT AND CONSEQUENTLY DISMISS THE WRIT
PETITION & ETC.
-7-
NC: 2025:KHC:45876-DB
W.A. No.858/2025
CONNECTED WITH MATTERS
HC-KAR
IN W.A. NO.1150/2023:
BETWEEN:
1. KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
NO.14/3, RASHTROTHANA PARISHAT
2ND FLOOR, NRUPATHUNGA ROAD
BENGALURU-560001
REP. BY SPECIAL DEPUTY COMMISSIONER
PRESENTLY NO.49, KHANIJA BHAVAN
EAST WING, 5TH FLOOR
RACE COURSE ROAD
BANGALORE-560001.
2. SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD, 1ST FLOOR
MAHARISHI ARAVIND BHAVAN
NRUPANTUNGA ROAD
BANGALORE-560001.
PRESENTLY NO.39
BHARATH SCOUTS AND GUIDES
BUILDING, SHANTI GRUHA
4TH FLOOR, PALACE ROAD
BANGALORE-560001.
...APPELLANTS
(BY SRI. H.L. PRADEEP KUMAR, ADV.,)
AND:
1. S. AMEER JAN
S/O LATE T. ABDUL SUBAN
AGED ABOUT 64 YEARS.
2. S. SAB AHMED
S/O LATE T. ABDUL SUBAN
AGED ABOUT 60 YEARS.
-8-
NC: 2025:KHC:45876-DB
W.A. No.858/2025
CONNECTED WITH MATTERS
HC-KAR
BOTH ARE R/AT. WARD NO.23
YERAKULVA, BEHIND ROYAL SCHOOL
BAGEPALLI, CHIKKABALLAPUR DISTRICT-561207.
3. STATE OF KARNATAKA
BY PRINCIPAL SECRETARY
DEPARTMENT OF INDUSTRIES AND COMMERCE
(INDUSTRIAL DEVELOPMENT)
M S BUILDING, BENGALURU-560001.
...RESPONDENTS
(BY SRI. B. RAMESH, ADV., FOR R1 & R2
SRI. PRAMODHINI KISHAN, AGA FOR R3)
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT, ACT PRAYING TO SET ASIDE
THE ORDER DATED 25.06.2021 IN WP No.10139/2021(LA-
KIADB) PASSED BY THE LEARNED SINGLE JUDGE AND
DISMISS THE WP WITH COSTS THROUGHOUT IN THE
INTEREST OF JUSTICE AND EQUITY.
IN W.A. NO.1250/2023:
BETWEEN:
1. THE KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD
4TH FLOOR, KHANIJA BHAVAN
RACE COURSE ROAD
BENGALURU 560001
REP. BY ITS CHIEF EXECUTIVE OFFICE.
2. THE SPECIAL DEPUTY COMMISSIONER
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT
BOARD, 4TH FLOOR, KHANIJA BHAVAN
RACE COURSE ROAD, BENGALURU 560001.
3. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD, 4TH FLOOR
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NC: 2025:KHC:45876-DB
W.A. No.858/2025
CONNECTED WITH MATTERS
HC-KAR
KHANIJA BHAVAN, RACE COURSE ROAD
BENGALURU 560001.
...APPELLANTS
(BY SRI. H.L. PRADEEP KUMAR, ADV.,)
AND:
1. B.K. NARASIMHANAIDU
S/O B.K. RAMAIAH
AGED ABOUT 57 YEARS
R/AT 9TH WARD, BAGEPALLI TOWN
BAGEPALLI TALUK 561207
CHIKKABALLAPUR DISTRICT.
2. STATE OF KARNATAKA
BY PRINCIPAL SECRETARY
DEPARTMENT OF INDUSTRY AND COMMERCE
VIKASA SOUDHA, BENGALURU 560001.
...RESPONDENTS
(BY SRI. A.C. CHETHAN, ADV., FOR R1
SRI. PRAMODHINI KISHAN, AGA FOR R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE
THE ORDER DATED 08/06/2022 IN WP NO.4180/2022
PASSED BY THE LEARNED SINGLE JUDGE AND DISMISS
THE WRIT PETITION WITH COSTS THROUGHOUT IN THE
INTEREST OF JUSTICE AND EQUITY.
IN W.A. NO.1290/2023:
BETWEEN:
1. THE KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
4TH FLOOR, KHANIJA BHAVAN
RACE COURSE ROAD
- 10 -
NC: 2025:KHC:45876-DB
W.A. No.858/2025
CONNECTED WITH MATTERS
HC-KAR
BENGALURU - 560001
REP. BY ITS C.E.O.
2. THE SPECIAL DEPUTY COMMISSIONER
K.I.A.D.B, 4TH FLOOR, KHANIJA BHAVAN
RACE COURSE ROAD
BENGALURU - 560001.
3. THE SPECIAL LAND ACQUISITION OFFICER
K.I.A.D.B 4TH FLOOR
KHANIJA BHAVAN
RACE COURSE ROAD
BENGALURU-560001.
PRESENTLY NO.39
BHARATH SCOUTS AND GUIDES BUILDING
SHANTHI GRUHA, 4TH FLOOR, PALACE ROAD
BENGALURU - 560001.
...APPELLANTS
(BY SRI. GOPAL V. BILALMANE, ADV.,)
AND:
1. SMT. ESHWARAMMA
W/O VENKATANNA
AGED ABOUT 60 YEARS
R/AT. ADIGANAHALLI VILLAGE
KASABA HOBLI, BAGEPALLI TQ - 561207
CHIKKABALLAPUR DIST.
2. THE STATE OF KARNATAKA
REP. BY PRINCIPAL SECRETARY
INDUSTRIES AND COMMERCE
VIKASA SOUDHA, BANGALORE - 560 001.
...RESPONDENTS
(BY SRI. CHETHAN A.C. ADV., FOR R1
SMT. PRAMODHINI KISHAN, AGA FOR R2)
- 11 -
NC: 2025:KHC:45876-DB
W.A. No.858/2025
CONNECTED WITH MATTERS
HC-KAR
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE
APPEAL, BY SETTING ASIDE THE ORDER DATED
27/06/2023 PASSED IN W.P. No.12487/2023 (LA-KIADB),
PASSED BY THE LEARNED SINGLE JUDGE AND DISMISS
THE SAID WRIT PETITION AND GRANT SUCH OTHER
RELIEFs AS THIS HON'BLE COURT DEEMS FIT IN THE
FACTS AND CIRCUMSTANCES OF THE CASE, IN HTE
INTEREST OF JUSTICE AND EQUITY.
IN W.A. NO.1305/2023:
BETWEEN:
1. THE KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
4TH FLOOR, KHANIJA BHAVAN
RACE COURSE ROAD
BENGALURU 560001
REP. BY ITS C.E.O.
2. THE SPECIAL DEPUTY COMMISSIONER
K.I.A.D.B. 4TH FLOOR, KHANIJA BHAVAN
BENGALURU 560001.
3. THE SPECIAL LAND ACQUISITION OFFICER
K.I.A.D.B. 4TH FLOOR, KHANIJA BHAVAN
RACE COURSE ROAD
BENGALURU 560001.
PRESENTLY NO.39
BHARATH SCOUTS AND GUIDES BUILDING
SHANTHI GRUHA, 4TH FLOOR
PALACE ROAD
BENGALURU 560001.
...APPELLANTS
(BY SRI. GOPALA B.V. ADV.,)
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W.A. No.858/2025
CONNECTED WITH MATTERS
HC-KAR
AND:
1. SMT. NAGAMMA
W/O LATE VENKATARAMAPPA
AGED ABOUT 70 YEARS
R/AT NO ADIGANAHALLI VILLAGE
KASABA HOBLI, BAGEPALLI TQ 561207
CHIKKABALLAPUR DIST.
2. THE STATE OF KARNATAKA
REPRESENTED BY PRINCIPAL SECRETARY
INDUSTRIES AND COMMERCE
VIKASA SOUDHA, BANGALORE 560001.
...RESPONDENTS
(BY SRI. CHETHAN A.C. ADV., FOR R1
SMT. PRAMODHINI KISHAN, AGA FOR R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE
APPEAL, BY SETTING ASIDE THE ORDER DATED
27/06/2023 PASSED IN WP NO.12441/2023, PASSED BY
THE LEARNED SINGLE JUDGE AND DISMISS THE SAID
WRIT PETITION AND GRANT SUCH OTHER RELIEF'S AS
THIS HON'BLE COURT DEEMS FIT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF
JUSTICE AND EQUITY.
IN W.A. NO.1323/2023:
BETWEEN:
1. KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD
NO.49, 4TH FLOOR
KHANIJA BHAVANA, EAST WING
RACE COURSE ROAD
BENGALURU - 560 001
REP BY IS CHIEF EXECUTIVE OFFICER.
- 13 -
NC: 2025:KHC:45876-DB
W.A. No.858/2025
CONNECTED WITH MATTERS
HC-KAR
2. THE SPECIAL DEPUTY COMMISSIONER
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
NO.49, 4TH FLOOR, KHANIJA BHAVANA
RACE COURSE ROAD
BENGALURU - 560 001.
3. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
NO.49, 4TH FLOOR, KHANIJA BHAVANA
RACE COURSE ROAD
BENGALURU - 560 001.
...APPELLANTS
(BY SRI. H.L. PRADEEP KUMAR, ADV.,)
AND:
1. SMT. PRABHAVATHAMMA
W/O GOPAL REDDY
AGED ABUT 52 YEARS
R/A NO.4-66-C, MARLAPALLI
PAIPALLI, ANANTAPUR
ANDHRA PRADESH - 515 231.
2. STATE OF KARNATAKA
BY PRINCIPAL SECRETARY
DEPARTMENT OF INDUSTRY AND COMMERCE
VIKASA SOUDHA, BANGALORE - 560001.
...RESPONDENTS
(BY SRI. CHETHAN A.C. ADV., FOR R1
SMT. PRAMODHINI KISHAN, AGA FOR R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE
THE ORDER DATED 23/11/2021 IN WP NO.20454/2021
PASSED BY THE LEARNED SINGLE JUDGE AND DISMISS
- 14 -
NC: 2025:KHC:45876-DB
W.A. No.858/2025
CONNECTED WITH MATTERS
HC-KAR
THE WRIT PETITION WITH COSTS THROUGHOUT IN THE
INTEREST OF JUSTICE AND EQUITY.
IN W.A. NO.1324/2023:
BETWEEN:
1. KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD
49, 4TH FLOOR, KHANIJA BHAVANA
EAST WING, RACE COURSE ROAD
BENGALURU 560 001
REP. BY ITS
CHIEF EXECUTIVE OFFICER.
2. THE SPECIAL DEPUTY COMMISSIONER
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD, 4TH FLOOR
KHANIJA BHAVAN, RACE COURSE ROAD
BENGALURU-560001.
3. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT
BOARD, 4TH FLOOR, KHANIJA BHAVAN
RACE COURSE ROAD, BENGALURU-560001.
...APPELLANTS
(BY SRI. H.L. PRADEEP KUMAR, ADV.,)
AND:
1. SMT. SUJATHAMMA
W/O SOMASHEKHAR REDDY
AGED ABOUT 45 YEARS
R/AT. ADIGANAHALLI VILLAGE
KASABA HOBLI, BAGEPALLI TALUK
CHIKKABALLAPUR DISTRICT-561207.
2. STATE OF KARNATAKA
BY PRINCIPAL SECRETARY
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W.A. No.858/2025
CONNECTED WITH MATTERS
HC-KAR
DEPARTMENT OF INDUSTRIES AND COMMERCE
VIKASA SOUDHA, BENGALURU-560001.
...RESPONDENTS
(BY SRI. CHETHAN A.C. ADV., FOR R1
SMT. PRAMODHINI KISHAN, AGA FOR R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE
THE ORDER DATED 24/11/2021 IN WP NO.20923/2021
PASSED BY THE LEARNED SINGLE JUDGE AND DISMISS
THE WRIT PETITION WITH COSTS THROUGHOUT, IN THE
INTEREST OF JUSTICE AND EQUITY.
IN W.A. NO.1327/2023:
BETWEEN:
1. KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD
NO.49, 4TH FLOOR
KHANIJA BHAVANA, EAST WING
RACE COURSE ROAD
BENGALURU 560001
REP. BY ITS CHIEF EXECUTIVE OFFICER.
2. THE SPECIAL DEPUTY COMMISSIONER
KARNATAKA INDUSRIAL AREA
DEVELOPMENT BOARD, NO.49
4TH FLOOR, KHANIJA BHAVANA
RACE COURSE ROAD, BENGALURU 560001.
3. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT
BOARD, NO.49, 4TH FLOOR
KHANIJA BHAVANA, RACE COURSE ROAD
BENGALURU 560001.
...APPELLANTS
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W.A. No.858/2025
CONNECTED WITH MATTERS
HC-KAR
(BY SRI. H.L. PRADEEP KUMAR, ADV.,)
AND:
1. H.S. NARENDRA
S/O H.N. SHIVAPPA
AGED ABOUT 41 YEARS
R/A HOSAHUDYA VILLAGE
KASABA HOBLI, BAGEPALLI TALUK
CHIKKABALLAPUR DISTRICT 561207.
2. STATE OF KARNATAKA
BY PRINCIPAL SECRETARY
DEPARTMENT OF INDUSTRY AND COMMERCE
( INDUTRIAL DEVELOPMENT)
M S BUILDING, BANGALORE 560001.
...RESPONDENTS
(BY SRI. CHETHAN A.C. ADV., FOR R1
SMT. PRAMODHINI KISHAN, AGA FOR R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE
THE ORDER DATED 08.02.2022 IN WRIT PETITION
NO.22473/2021, PASSED BY THE LEARNED SINGLE JUDGE
AND DISMISS THE WRIT PETITION WITH COSTS
THROUGHOUT IN THE INTEREST OF JUSTICE AND EQUITY.
IN W.A. NO.1338/2023:
BETWEEN:
1. KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD
NO.49, 4TH FLOOR
KHANIJA BHAVANA
EAST WING, RACE COURSE ROAD
BENGALURU 560001
REP. BY ITS CHIEF EXECUTIVE OFFICER.
- 17 -
NC: 2025:KHC:45876-DB
W.A. No.858/2025
CONNECTED WITH MATTERS
HC-KAR
2. THE SPECIAL DEPUTY COMMISSIONER
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD, NO.49
4TH FLOOR, KHANIJA BHAVANA
RACE COURSE ROAD
BENGALURU 560001.
3. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD, NO.49
4TH FLOOR, KHANIJA BHAVANA
RACE COURSE ROAD
BENGALURU 560001.
...APPELLANTS
(BY SRI. H.L. PRADEEP KUMAR, ADV.,)
AND:
1. SMT. BHAGYAMMA
W/O HANUMANTHA REDDY
AGED 49 YEARS
R/AT NO.2, ADIGANAHALLI VILLAGE
HOSAHUDYA POST, KASABA HOBLI
CHIKKABALLAPUR DISTRICT-562101.
2. STATE OF KARNATAKA
BY PRINCIPAL SECRETARY
DEPARTMENT OF INDUSTRY AND COMMERCE
VIKASA SOUDHA, BANGALORE 560001.
...RESPONDENTS
(BY SRI. CHETHAN A.C. ADV., FOR R1
SMT. PRAMODHINI KISHAN, AGA FOR R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE
THE ORDER DATED 27.10.2021 IN WP No.19248/2021 (LA-
KIADB) PASSED BY THE LEARNED SINGLE JUDGE AND
- 18 -
NC: 2025:KHC:45876-DB
W.A. No.858/2025
CONNECTED WITH MATTERS
HC-KAR
DISMISS THE WRIT PETITION WITH COSTS THROUGHOUT
IN THE INTEREST OF JUSTICE AND EQUITY.
IN W.A. NO.1390/2023:
BETWEEN:
1. KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
REP. BY HEREIN BY ITS
CHIEF EXECUTIVE OFFICER
4TH FLOOR, KHANIJA BHAVAN
RACE COURSE ROAD
BENGALURU-560001.
2. THE SPECIAL DEPUTY COMMISSIONER
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD, 4TH FLOOR
KHANIJA BHAVAN, RACE COURSE ROAD
BENGALURU-560001.
3. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREA DEVELOPMENT
BOARD, 4TH FLOOR, KHANIJA BHAVAN
RACE COURSE ROAD, BENGALURU-560001.
...APPELLANTS
(BY SRI. P.V. CHANDRASHEKAR, ADV.,)
AND:
1. P. VENKATESH
S/O PAKEERAPPA
AGED ABOUT 42 YEARS
R/AT HOSAHUDYA VILLAGE
KASABA HOBLI
BAGEPALLI TALUK-561207
CHIKKABALLAPURA DISTRICT.
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CONNECTED WITH MATTERS
HC-KAR
2. THE STATE OF KARNATAKA
BY PRINCIPAL SECRETARY
INDUSTRY AND COMMERCE
VIKASA SOUDHA, BENGALURU-560001.
...RESPONDENTS
(BY SMT. PRAMODHINI KISHAN, AGA FOR R2
R1 SERVED)
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE
THE ORDER DATED 25.09.2021 PASSED IN WP
No.17546/2021 (LA-KIADB) BY THE LEARNED SINGLE
JUDGE OF THIS HON'BLE COURT AND CONSEQUENTLY
DISMISS THE WP. PASS SUCH OTHER ORDER/S AS THIS
HONBLE COURT DEEMS FIT INCLUDING THE AWARD OF
COSTS IN THE INTEREST OF JUSTICE AND EQUITY.
IN W.A. NO.1396/2023:
BETWEEN:
1. THE KARNATAKA INDUSTRIAL
AREAS DEVELOPMENT BOARD
4TH FLOOR, KHANIJA BHAVAN
RACE COURSE ROAD
BENGALURU-560001
REP BY ITS CEO.
2. THE SPECIAL DEPUTY COMMISSIONER
KIADB, 4TH FLOOR
KHANIJA BHAVAN
BENGALURU-560001.
3. THE SPECIAL LAND ACQUISITION OFFICER
KIADB, 4TH FLOOR, KHANIJA BHAVAN
RACE COURSE ROAD
BENGALURU-560001.
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HC-KAR
PRESENTLY NO.39
BHARATH SCOUTS AND GUIDES BUILDING
SHANTHI GRUHA
4TH FLOOR, PALACE ROAD
BENGALURU-560001.
...APPELLANTS
(BY SRI. GOPAL V. BILALMANE, ADV.,)
AND:
1. SRI. KRISHNAPPA
S/O LATE VENKATAPPA
AGED ABOUT 66 YEARS.
2. SMT. VENKATALAKSHMAMMA
W/O LATE NARAYANAPPA
AGED ABOUT 57 YEARS.
3. SRI. SUBBARAYAPPA
S/O VENKATARAMAPPA
AGED ABOUT 49 YEARS.
RESPONDENTS NO.1 TO 3 ARE
R/AT. ADIGANAHALLI VILLAGE
KASABA HOBLI
BAGEPALLI TALUK-561207
CHIKKABALLAPURA DIST.
4. THE STATE OF KARNATAKA
REPRESENTED BY PRINCIPAL SECRETARY
INDUSTRIES AND COMMERCE
VIKASA SOUDHA
BANGALORE-560001.
...RESPONDENTS
(BY SRI. CHETHAN A.C. ADV., FOR R1 TO R3
SMT. PRAMODHINI KISHAN, AGA FOR R4)
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CONNECTED WITH MATTERS
HC-KAR
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE
APPEAL, BY SETTING ASIDE THE ORDER DATED
14/11/2022, PASSED IN WP NO.21088/2022, PASSED BY
THE LEARNED SINGLE JUDGE AND DISMISS THE SAID
WRIT PETITION AND GRANT SUCH OTHER RELIEF'S.
IN W.A. NO.1406/2023:
BETWEEN:
1. THE CHIEF EXECUTIVE OFFICER
CUM MANAGING DIRECTOR
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
OPP. RESERVE BANK OF INDIA
NRUPATHUNGA ROAD
BENGALURU - 560 001.
[NOTE: WRONGLY DESCRIBED IN THE
WRIT PETITION]
THE CORRECT DESIGNATION AND ADDRESS:
THE KARNATAKA INDUSTRIAL AREAS
DEVELOPENT BOARD,
NO.49, 4TH FLOOR, KHANIJA BHAVAN
RACE COURSE ROAD, BENGALURU 560001
REPRESENTED BY
CHIEF EXECUTIVE OFFICER
AND EXECUTIVE MEMBER.
2. THE SPECIAL LAND ACQUISITION OFFICER
K I A D B, OPP. RESERVE BANK OF INDIA
NRUPATHUNGA ROAD
BENGALURU - 560 001.
THE PRESENT AND CORRECT ADDRESS IS:
THE SPECIAL LAND ACQISITION OFFICER
KARNATAKA INDUSTRIAL AREA
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DEVELOPMENT BOARD
NO.39, BHARATH SCOUTS AND GUIDES
BUILDING, 4TH FLOOR, PALACE ROAD
BENGALURU 560001.
...APPELLANTS
(BY SRI. P.V. CHANDRASHEKAR, ADV.,)
AND:
1. ANJINAMMA
W/O LATE ADIMURTHY
AGED 75 YEARS
RESIDENT OF ADIGANAHALLI
HOSAHUDYA VILLAGE, KASABA HOBLI
BAGEPALLI TALUK
CHICKABALLAPURA DISTRICT - 567 201.
2. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY TO GOVERNMENT
DEPARTMENT OF INDUSTRY AND COMMERCE
M S BUILDING, DR. B.R. AMBEDKAR VEEDHI
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. N. PRAVEEN KUMAR, ADV., FOR R1
SMT. PRAMODHINI KISHAN, AGA FOR R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE
THE ORDER DATED 01/10/2021 PASSED IN WP
NO.17965/2021 BY THE LEARNED SINGLE JUDGE OF THIS
HONBLE COURT AND CONSEQUENTLY DISMISS THE WRIT
PETITION & ETC.
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CONNECTED WITH MATTERS
HC-KAR
IN W.A. NO.1407/2023:
BETWEEN:
1. THE KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
4TH FLOOR, KHANIJA BHAVAN
RACE COURSE ROAD
BENGALURU-560001
REP BY ITS CEO.
2. THE SPECIAL DEPUTY COMMISSIONER
KIABD, 4TH FLOOR, KHANIJA BHAVAN
BENGALURU-560001.
3. THE SPECIAL LAND ACQUISITION OFFICER
KIADB, 4TH FLOOR, KHANIJA BHAVAN
RACE COURSE ROAD
BENGALURU-560001.
PRESENTLY NO.39
BHARATH SCOUTS AND GUIDES BUILDING
SHANTHI GRUHA
4TH FLOOR, PALACE ROAD
BENGALURU-56001.
...APPELLANTS
(BY SRI. GOPAL V. BILALMANE, ADV.,)
AND:
1. SRI. YARRAGUNTA SUSHANTH REDDY
S/O LATE YERRAGUNTA SREENIVASULU REDDY
AGED ABOUT 49 YEARS
REP. BY GPA HOLDER
SRI YERRAGUNTA CHANDRA SEKHAR REDDY
S/O LATE YERRAGUNTA LINGAREDDY
AGED ABOUT 49 YEARS.
R/AT NO.6-1-23
SAPOTA THOTA
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CONNECTED WITH MATTERS
HC-KAR
KAVALI, NELLORE-524201
ANDHRA PRADESH STATE.
2. THE STATE OF KARNATAKA
REPRESENTED BY PRINCIPAL SECRETARY
INDUSTRIES AND COMMERCE
VIKASA SOUDHA, BANGALORE-560001.
...RESPONDENTS
(BY SRI. A.C. CHETHAN, ADV., FOR
IMPLEADING APPLICANT ON IA 1/24
R1 SERVED
SMT. PRAMODHINI KISHAN, AGA FOR R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE
APPEAL, BY SETTING ASIDE THE ORDER DATED
08/06/2022, PASSED IN WP NO.8518/2022, PASSED BY
THE LEARNED SINGLE JUDGE AND DISMISS THE SAID
WRIT PETITION AND GRANT SUCH OTHER RELIEF'S.
IN W.A. NO.340/2024:
BETWEEN:
1. KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD
NO.49, 4TH FLOOR, KHANIJA BHAVANA
EAST WING, RACE COURSE ROAD
BENGALURU-560001
REP BY ITS CHIEF EXECUTIVE OFFICER.
2. THE SPECIAL DEPUTY COMMISSIONER
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD, NO.49
4TH FLOOR, KHANIJA BHAVANA
RACE COURSE ROAD
BENGALURU-560001.
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CONNECTED WITH MATTERS
HC-KAR
3. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD, NO.49
4TH FLOOR, KHANIJA BHAVANA
RACE COURSE ROAD
BENGALURU-560001.
...APPELLANTS
(BY SRI. H.L. PRADEEP KUMAR, ADV.,)
AND:
1. CHANDRASHEKAR REDDY H.N.
AGED ABOUT 75 YEARS
S/O NANJA REDDY
R/AT HOSAHUDYA VILLAGE
KASABA HOBLI, BAGEPALLI TALUK
CHIKKABALLAPURA DISTRICT-561207.
2. STATE OF KARNATAKA
BY PRINCIPAL SECRETARY
DEPARTMENT OF INDUSTRY AND COMMERCE
(INDUSTRIAL DEVELOPMENT)
M.S.BUILDING, BANGALORE-560001.
...RESPONDENTS
(BY SMT. PRAMODHINI KISHAN, AGA FOR STATE
SRI. A.C. MANJUNATH, ADV., FOR IMPLEADING
ON IA 1/25 AS PROPOSED R3)
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE
THE ORDER DATED 20.12.2023 IN WP No. 24256/2023
(LA-KIADB) PASSED BY THE LEARNED SINGLE JUDGE AND
DISMISS THE WRIT PETITION WITH COSTS THROUGHOUT
IN THE INTEREST OF JUSTICE AND EQUITY.
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CONNECTED WITH MATTERS
HC-KAR
IN W.A. NO.345/2024:
BETWEEN:
1. KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD
NO.49, 4TH FLOR, KHANIJA BHAVAN
RACE COURSE ROAD, BENGALURU-560001
REP. BY ITS CHIEF EXECUTIVE OFFICER.
2 THE SPECIAL DEPUTY COMMISSIONER
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD, NO.49
4TH FLOOR, KHANIJA BHAVAN
RACE COURSE ROAD, BENGALURU-560001.
3. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD, NO.49
4TH FLOOR, KHANIJA BHAVAN
RACE COURSE ROAD, BENGALURU-560001.
...APPELLANTS
(BY SRI. H.L. PRADEEP KUMAR, ADV.,)
AND:
1. ASHWATHAMMA
AGED ABOUT 47 YEARS
W/O RAMANJANEYA
R/AT. CHENNARAYANAPALLI VILLAGE
GULUR HOBLI, BAGEPALLI TALUK-561207
CHIKKABALLAPUR DISTRICT-561207.
4. STATE OF KARNATAKA
BY PRINCIPAL SECRETARY
DEPARTMENT OF INDUSTRIES AND COMMERCE
VIKASA SOUDHA, M.S. BUILDING
BENGALURU-560001.
...RESPONDENTS
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CONNECTED WITH MATTERS
HC-KAR
(BY SRI. JAGANATHA REDDY Y.N. ADV., FOR R1
SMT. PRAMODHINI KISHAN, AGA FOR R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER
DATED 20.12.2023 IN WRIT PETITION NO.24271/2023,
PASSED BY THE LEARNED SINGLE JUDGE AND DISMISS
THE WRIT PETITION WITH COSTS THROUGHOUT IN THE
INTEREST OF JUSTICE AND EQUITY.
IN W.A. NO.1057/2024:
BETWEEN:
1. KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
NO.14/3, RASTROTHANA BUILDING
NEAR RESERVE BANK, NRUPATHUNGA ROAD
BENGALURU 560001
REP. BY ITS CHAIRMAN/
CHIEF EXECUTIVE OFFICER.
PRESENTLY
4TH AND 5TH FLOOR, EAST WING
KHANIJA BHAVAN, RACE COURSE ROAD
BENGALURU - 560001.
2. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
NO.14/3, RASTROTHANA BUILDING
NEAR RESERVE BANK, NRUPATHUNGA ROAD
BENGALURU 560001.
PRESENTLY
NO.39, BHARATH SCOUTS AND GUIDES
BUILDING, SHANTI GRUHA
4TH FLOOR, PALACE ROAD
BENGALURU - 560001.
...APPELLANTS
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CONNECTED WITH MATTERS
HC-KAR
(BY SRI. ASHOK NARAYAN NAYAK, ADV.,)
AND:
1. H.S. ABDUL RIYAZ BASHA
S/O H.P. ABDUL SHAKUR
AGED 62 YEARS
R/AT HAMPASANDRA, GUDIBANDE TALUK
CHIKKABALLAPURA DISTRICT.
2. THE STATE OF KARNATAKA
DEPARTMENT OF INDUSTRIES AND COMMERCE
DR. AMBEDKAR VEEDHI
VIKASA SOUDHA
BENGALURU - 560001
REP. BY ITS PRINCIPAL SECRETARY.
...RESPONDENTS
(BY SRI. LAKSHMISH G, ADV., FOR R1
SMT. PRAMODHINI KISHAN, AGA FOR R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE
THE ORDER DATED 17.01.2024 IN WP No.26117/2022(LA-
KIADB) PASSED BY THE LEARNED SINGLE JUDGE AND
DISMISS THE WP WITH COSTS THROUGHOUT IN THE
INTEREST OF JUSTICE AND EQUITY.
IN W.A. NO.370/2025:
BETWEEN:
1. KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
49, 4TH FLOOR, KHANIJA BHAVANA
EAST WING, RACE COURSE ROAD
BENGALURU-560 001
REP. BY ITS CHIEF EXECUTIVE OFFICER.
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CONNECTED WITH MATTERS
HC-KAR
2. THE SPECIAL DEPUTY COMMISSIONER
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
#49, 4TH FLOOR, KHANIJA BHAVANA
RACE COURSE ROAD
BENGALURU-560 001.
3. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
#49, 4TH FLOOR, KHANIJA BHAVANA
RACE COURSE ROAD
BENGALURU-560 001.
...APPELLANTS
(BY SRI. GOPALA B.V. ADV.,)
AND:
1. SRI. SHIVAPPA A.V.
S/O LATE VENKATTARAMAPPA
AGED ABOUT 43 YEARS
R/AT. ADIGARIAHALLI VILLAGE
HOSAHUDYA POST, KASABA HOBLI
BAGEPALLI TALUK
CHIKKABALLAPUR DISTRICT-561207.
2. STATE OF KARNATAKA
BY PRINCIPAL SECRETARY
DEPARTMENT OF INDUSTRY AND COMMERCE
VIKASA SOUDHA, BANGALORE 560001.
...RESPONDENTS
(BY SMT. PRAMODHINI KISHAN, AGA FOR STATE)
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE
THE ORDER DATED 10/08/2022 IN WP NO.14399/2022
PASSED BY THE LEARNED SINGLE JUDGE AND DISMISS
THE WRIT PETITION WITH COSTS THROUGHOUT.
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CONNECTED WITH MATTERS
HC-KAR
IN W.A. NO.831/2025:
BETWEEN:
1. THE CHIEF EXECUTIVE OFFICER
CUM MANAGING DIRECTOR
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
OPP. RESERVE BANK OF INDIA
NRUPATHUNGA ROAD
BENGALURU-560001.
CORRECT ADDRESS IS NO.49
4TH FLOOR, KHANIJA BHAVANA
RACE COURSE ROAD, BENGALURU-560 001.
2. THE SPECIAL DEPUTY COMMISSIONER
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
KHANIJA BHAVANA, RACE COURSE ROAD
BENGALURU-560 001.
3. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
OPP. RESERVE BANK OF INDIA
NRUPATHUNGA ROAD
BENGALURU-560001.
...APPELLANTS
(BY SRI. H.L. PRADEEP KUMAR, ADV.,)
AND:
1. SRI. SRIKANTA
S/O LATE C.K. MUNISWAMY
AGED ABOUT 62 YEARS
RESIDING AT NO.1337, BEGUR LAYOUT
BEGUR VILLAGE, BENGALURU-560068.
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HC-KAR
2. STATE OF KARNATAKA
BY PRINCIPAL SECRETARY
DEPARTMENT OF INDUSTRY AND COMMERCE
M.S. BUILDING, AMBEDKAR VEEDHI
BANGALORE 560001.
...RESPONDENTS
(BY SMT. PRAMODHINI KISHAN, AGA FOR STATE)
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE
THE ORDER DATED 23/12/2020 IN WP NO.48060/2019
PASSED BY THE LEARNED SINGLE JUDGE AND DISMISS
THE WRIT PETITION WITH COSTS THROUGHOUT IN THE
INTEREST OF JUSTICE AND EQUITY.
IN W.A. NO.846/2025:
BETWEEN:
1. KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD
REP. BY ITS CHIEF EXECUTIVE OFFICER
4TH FLOOR, KHANIJA BHAVANA
EAST WING, RACE COURSE ROAD
BENGALURU - 560 001.
2. THE SPECIAL DEPUTY COMMISSIONER
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD, 4TH FLOOR
KHANIJA BHAVANA, RACE COURSE ROAD
BENGALURU - 560 001.
3. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD, 4TH FLOOR
KHANIJA BHAVANA, RACE COURSE ROAD
BENGALURU - 560 001.
...APPELLANTS
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CONNECTED WITH MATTERS
HC-KAR
(BY SRI. H.L. PRADEEP KUMAR, ADV.,)
AND:
1. R. MANJUNATHA
AGED ABOUT 52 YEARS
S/O LATE N. RAJASHEKARAIAH
RESIDING AT KONDAREDDYPALLI VILLAGE
KASABA HOBLI, BAGEPALLI TALUK
CHIKKABALLAPURA DISTRICT 561207.
2. STATE OF KARNATAKA
BY PRINCIPAL SECRETARY
DEPARTMENT OF INDUSTRY AND COMMERCE
VIKASA SOUDHA, BANGALORE - 560001.
...RESPONDENTS
(BY SMT. PRAMODHINI KISHAN, AGA FOR STATE)
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE
THE ORDER DATED 25.09.2021 IN WP No.17517/2021 (LA-
KIADB) PASSED BY THE LEARNED SINGLE JUDGE AND
DISMISS THE WRIT PETITION WITH COSTS THROUGHOUT
IN THE INTEREST OF JUSTICE AND EQUITY.
IN W.A. NO.884/2025:
BETWEEN:
1. KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD
REP. BY ITS CHIEF EXECUTIVE OFFICER
4TH FLOOR, KHANIJA BHAVANA
RACE COURSE ROAD
BENGALURU-560 001.
2. THE SPECIAL DEPUTY COMMISSIONER
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
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CONNECTED WITH MATTERS
HC-KAR
4TH FLOOR, KHANIJA BHAVANA
RACE COURSE ROAD
BENGALURU-560 001.
3. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
NO.49, 4TH FLOOR, KHANIJA BHAVANA
RACE COURSE ROAD, BENGALURU-560 001.
CORRECT ADDRESS IS:
NO.14/3, 1ST FLOOR
MAHARSHI ARAVIND BHAVAN
NRUPATHUNGA ROAD
AMBEDKAR VEEDHI
SAMPANGI RAMANAGAR
BENGALURU-560009.
...APPELLANTS
(BY SRI. H.L. PRADEEP KUMAR, ADV.,)
AND:
1. NANJAPPA
AGED ABOUT 68 YEARS
S/O RAMAPPA.
2. VENKATARAMAPPA
AGED ABOUT 33 YEARS
S/O LATE GURUMURTHY.
3. NIDUMAMIDAPPA
AGED ABOUT 48 YEARS
S/O LATE CHINNAPPAIAH.
4. SHIVAPPA
AGED ABOUT 31 YEARS
S/O LATE ANJINAPPA.
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HC-KAR
5. ADILAKSHMAMMA
AGED ABOUT 38 YEARS
W/O LATE ANJINAPPA.
6. VEMANARAYANAPPA
AGED ABOUT 48 YEARS
S/O KRISHNAPPA.
7. ADIMURTHY
AGED ABOUT 46 YEARS
S/O KRISHNAPPA.
ALL ARE RESIDING AT
ADIGANAHALLI VILLAGE
HOSAHUDYA POST, KASABA HOBLI
BAGEPALLI TALUK
CHIKKABALLAPUR DISTRICT - 561207.
8. STATE OF KARNATAKA
BY PRINCIPAL SECRETARY
DEPARTMENT OF INDUSTRY AND COMMERCE
VIKASA SOUDHA, BANGALORE 560001.
...RESPONDENTS
(BY SMT. PRAMODHINI KISHAN, ADV.,)
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT, ACT PRAYING TO SET ASIDE
THE ORDER DATED 21/03/2023 IN WP NO.22332/2022
PASSED BY THE LEARNED SINGLE JUDGE AND DISMISS
THE WRIT PETITION WITH COSTS THROUGHOUT IN THE
INTEREST OF JUSTICE AND EQUITY.
IN W.A. NO.920/2025:
BETWEEN:
1. KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD
REP. BY CHIEF EXECUTIVE OFFICER
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CONNECTED WITH MATTERS
HC-KAR
4TH FLOOR, KHANIJA BHAVAN
EAST WING, RACE COURSE ROAD
BENGALURU - 560001.
2. THE SPECIAL DEPUTY COMMISSIONER
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD, 4TH FLOOR
KHANIJA BHAVAN, RACE COURSE ROAD
BENGALURU - 560001.
3. THE SPECIAL LAND ACQUISTITION OFFICER
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD, 4TH FLOOR
KHANIJA BHAVAN, RACE COURSE ROAD
BENGALURU - 560001.
...APPELLANTS
(BY SRI. H.L. PRADEEP KUMAR, ADV.,)
AND:
1. BASHEER SABI
S/O KHASIM SABI
AGED ABOUT 59 YEARS
R/AT HOSAHUDYA VILALGE
KASABA HOBLI, BEGEPALLI TALUK - 561207
CHIKKABALLAPUR DISTRICT.
2. STATE OF KARNATAKA
REP. BY PRINCIPAL SECRETARY
INDUSTRIES AND COMMERCE
VIKASA SOUDHA, BENGALURU - 560001.
...RESPONDENTS
(BY SMT. PRAMODHINI KISHAN, AGA FOR R1)
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE
THE ORDER DATED 20.07.2021 IN WP No.13042/2021 (LA-
KIADB) PASSED BY THE LEARNED SINGLE JUDGE AND
DISMISS THE WRIT PETITION WITH COSTS THROUGHOUT
IN THE INTEREST OF JUSTICE AND EQUITY.
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CONNECTED WITH MATTERS
HC-KAR
THESE WRIT APPEALS HAVING BEEN HEARD AND
RESERVED ON 30.10.2025, COMING ON FOR
PRONOUNCEMENT OF JUDGMENT, THIS DAY VIJAYKUMAR A.
PATIL J., DELIVERED THE FOLLOWING:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
CAV JUDGMENT
(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) These appeals are filed by the appellants - Karnataka Industrial Area Development Board (KIADB) and others under Section 4 of the Karnataka High Court Act, 1961, challenging the orders passed by the learned Single Judge. The particulars of the cases are as under:
Sl. WA No. WP No. Order
dated
No.
1. W.A.No.858/ 2025 W.P.No.22434/2021 17.02.2022
2. W.A.No.55/2023 W.P.No.14839/2021 30.08.2021
3. W.A.No.65/2023 W.P.No.13146/2021 10.11.2021
4. W.A.No.67/2023 W.P.No.28232/2019 21.12.2020
5. W.A.No.1150/2023 W.P.No.10139/2021 25.06.2021
6. W.A.No.1250/2023 W.P.No.4180/2022 08.06.2022
7. W.A.No.1290/2023 W.P.No.12487/2023 27.06.2023
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8. W.A.No.1305/2023 W.P.No.12441/2023 27.06.2023
9. W.A.No.1323/2023 W.P.No.20454/2021 23.11.2021
10. W.A.No.1324/2023 W.P.No.20923/2021 24.11.2021
11. W.A.No.1327/2023 W.P.No.22473/2021 08.02.2022
12. W.A.No.1338/2023 W.P.No.19248/2021 27.10.2021
13. W.A.No.1390/2023 W.P.No.17546/2021 25.09.2021
14. W.A.No.1396/2023 W.P.No.21088/2022 14.11.2022
15. W.A.No.1406/2023 W.P.No.17965/2021 01.10.2021
16. W.A.No.1407/2023 W.P.No.8518/2022 08.06.2022
17. W.A.No.340/2023 W.P.No.24256/2023 20.12.2023
18. W.A.No.345/2023 W.P.No.24271/2023 20.12.2023
19. W.A.No.1057/2024 W.P.No.26117/2022 17.01.2024
20. W.A.No.370/2025 W.P.No.14399/2022 10.08.2022
21. W.A.No.831/2025 W.P.No.48060/2019 23.12.2020
22. W.A.No.846/2025 W.P.No.17517/2021 25.09.2021
23. W.A.No.884/2024 W.P.No.22332/2022 21.03.2023
24. W.A.No.920/2025 W.P.No.13042/2021 20.07.2021
2. The brief facts leading to the filing of these writ appeals are as under:
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NC: 2025:KHC:45876-DB W.A. No.858/2025 CONNECTED WITH MATTERS HC-KAR The respondent - State Government initiated the acquisition proceedings under the provision of the Karnataka Industrial Areas Development Act, 1966 (for short 'the Act') by issuing the notifications under Section 3(1), 1(3) and 28(1) of the Act notifying the schedule properties for acquisition for industrial purposes. The respondents/petitioners, who are owners of the land, being aggrieved that no further action was taken pursuant to the preliminary notification which was issued in the years 2009 and 2012 respectively, filed the respective writ petitions. The contention of the petitioners was that no final notification was issued for more than 12-14 years, which amounts to abandonment of acquisition proceedings. The petitioners have also placed reliance on the judgments rendered by the learned Single Judge in respect of similarly placed persons. The appellant-KIADB objected to the writ petitions on the ground that the writ petitions are not maintainable as there is only a challenge to preliminary notification and it is only a proposal to
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NC: 2025:KHC:45876-DB W.A. No.858/2025 CONNECTED WITH MATTERS HC-KAR acquire the land. The appellant-KIADB further objected that the Act does not stipulate any time limit to issue final notification. Hence, there is no merit in the petitions and sought for dismissal of the writ petitions. The learned Single Judge in the respective cases after considering the submissions advanced and relying on judicial precedents, proceeded to allow the writ petitions and quashed the preliminary notifications. Being aggrieved by the order of the learned Single Judge, these appeals are filed by the appellant-KIADB.
3. Sri.Chandrashekar P.V, Sri.H.L.Pradeep Kumar, Sri.Gopala B V and Sri.Ashok Narayan Nayak, learned counsels appearing for the appellant-KIADB, reiterating the contentions raised in the statement of objections in the writ petitions, submit that the impugned orders passed by the learned Single Judge in the respective writ petitions are contrary to law and the settled principles governing land acquisition under the provisions of the Act. It is submitted that the learned Single Judge, without properly
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NC: 2025:KHC:45876-DB W.A. No.858/2025 CONNECTED WITH MATTERS HC-KAR appreciating the contentions advanced by the appellant- KIADB, has proceeded to quash the preliminary notifications issued for acquisition of the lands in question. It is further submitted that the writ petitions itself were not maintainable as the preliminary notifications issued under the Act is only a proposal and not a final determination of rights. It is also submitted that the learned Single Judge failed to consider that the lands in question are situated adjacent to areas developed by the appellant-KIADB, where there is substantial demand from entrepreneurs for establishment of industries. Considering these aspects, the KIADB has issued final notification in respect of other lands and in view of the order of the learned Single Judge they could not issue final notification for the lands covered under these appeals. In support of their contentions, they placed reliance on the decision of the Hon'ble Supreme Court in the case of HMT LTD. REPRESENTED BY ITS DY. GENERAL MANAGER (HRM) AND
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NC: 2025:KHC:45876-DB W.A. No.858/2025 CONNECTED WITH MATTERS HC-KAR ANOTHER V. MUDAPPA AND OTHERS1. Hence, they seek to allow these appeals.
4. Per contra, learned counsels appearing for the respondents/petitioners, who are the land owners, support the impugned orders passed by the learned Single Judge and submit that the learned Single Judge has rightly appreciated the law and facts on hand. It is submitted that neither the orders under Section 28(3) of Act were passed nor the final notification was issued even after many years despite issuance of preliminary notification, which has been rightly considered by the learned Single Judge while allowing the writ petitions and quashing the preliminary notifications and the same does not call for any interference. Hence, they seek to dismiss these appeals.
5. We have heard the arguments of the learned counsels appearing for the appellant-KIADB, the learned counsels appearing for the respondents/petitioners, who 1 (2007) 9 SCC 768
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NC: 2025:KHC:45876-DB W.A. No.858/2025 CONNECTED WITH MATTERS HC-KAR are the land owners, and meticulously perused the material available on record. We have given our anxious consideration to the submissions made on both sides. The point that arises for our consideration in these appeals is:
"Whether the impugned orders passed by the learned Single Judge in the respective writ petition calls for any interference?"
6. The above point is answered in the negative for the following reasons.
7. The subject matter of the properties covered under these appeals are extracted below in the tabular form for easy reference:
Sl. Writ Petition Extent of Land Date of Preliminary No. notification 1 W.P.No.22434/2021 2 acres of land in Sy 11.12.2009 (LA-KIADB) No.222/P3 and 1 acre of Land in Sy No.299 of Hosahudya Village, (W.A.No.858/2025) Kasaba Hobli, Bagepalli Taluk, Chikkaballapur District
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NC: 2025:KHC:45876-DB W.A. No.858/2025 CONNECTED WITH MATTERS HC-KAR 2 W.P.No.10139/2021 3 acre 38 guntas 11.12.2009 (LA-KIADB) including 38 guntas 'A' karab in Sy no.216/7A situated at (WA.No.1150/2023) Hosahudya Village, Kasaba Hobli, Bagepalli Taluk, Chikkaballapur District 3 W.P.No. 4180/2022 1 acre 6 guntas of 11.12.2009 land in Sy no. 307 (LA-KIADB) and 1 acre 30 guntas in Sy no. 308 of Hosahudya Village, (WA.No.1250/2023) Kasaba Hobli, Bagepalli Taluk, Chikkaballapur District 4 W.P.No.12487/2023 2 acre 28 guntas in 11.12.2009 (LA-KIADB) Sy no.222 of Hosahudya Village, Kasaba Hobli, (WA.No.1290/2023) Bagepalli Taluk, Chikkaballapur District 5 W.P.No.12441/2023 4 acre in Sy no 222 of 11.12.2009 (LA-KIADB) Hosahudya Village, Kasaba Hobli, Bagepalli Taluk, (WA.No.1305/2023) Chikkaballapur District
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NC: 2025:KHC:45876-DB W.A. No.858/2025 CONNECTED WITH MATTERS HC-KAR 6 W.P.No.20454/2021 8 guntas of land in Sy 11.12.2009 (LA-KIADB) no. 302, 8 guntas in Sy no.302/2, 1 acre 32 guntas in Sy (WA.No.1323/2023) no.224 and 1 acre 32 guntas in Sy no 224/P2 of Hosahudya Village, Kasaba Hobli, Bagepalli Taluk, Chikkaballapur District 7 W.P.No.20923/2021 1 acre 16 guntas in 11.12.2009 (LA-KIADB) Sy no.302, 1 acre 16 guntas in Sy no.
302/1, 2 acre 24 (WA.No.1324/2023) gutnas in Sy no.224, 2 acre 7 guntas in Sy no.224, 2 acre 24 guntas in Sy no 224/P2 and 2 acre 7 guntas in Sy no.
224/P2 of Hosahudya
Village, Kasaba Hobli,
Bagepalli Taluk,
Chikkaballapur
District
8 W.P.No.22473/2021 1 acre 7 guntas of 11.12.2009
(LA-KIADB) land in Sy no.227/3
of Hosahudya Village,
Kasaba Hobli,
(WA.No.1327/2023) Bagepalli Taluk,
Chikkaballapur
District
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9 W.P.No.19248/2021 23 guntas of land in 11.12.2009
(LA-KIADB) Sy no.302, 1 acre 17
guntas of land in Sy
no.224, 1 acre 17
(WA.No.1338/2023) guntas of land in Sy no.224/P2 of Hosahudya Village, Kasaba Hobli, Bagepalli Taluk, Chikkaballapur District 10 W.P.No.17546/2021 26 guntas of land in 11.12.2009 (LA-KIADB) Sy no.227/1 of Hosahudya Village, (WA.No.1390/2023) Kasaba Hobli, Bagepalli Taluk, Chikkaballapur District 11 W.P.No.21088/2022 1 acre in Sy no 226, 11.12.2009 (LA-KIADB) 2 acre 38 guntas in Sy no.226, 1 acre in Sy no. 226 and 2 acre (WA.No.1396/2023) in Sy no. 226 Hosahudya Village, Kasaba Hobli, Bagepalli Taluk, Chikkaballapur District 12 W.P.No.17965/2021 2 acre 35 guntas in 11.12.2009 (LA-KIADB) old number 219, new Sy No.316 of Hosahudya Village, (WA.No.1406/2023) Kasaba Hobli, Bagepalli Taluk,
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NC: 2025:KHC:45876-DB W.A. No.858/2025 CONNECTED WITH MATTERS HC-KAR Chikkaballapur District 13 W.P.No.8518/2022 6 acre 28 guntas of 11.12.2009 land comprising 3 (LA-KIADB) acre 8 guntas of agricultural land and 3 acre 20 guntas of (WA.No.1407/2023) pot kharab land in Sy no.82 of Kondareddypalli Village, Kasaba Hobli, Bagepalli Taluk, Chikkaballapur district 14 W.P.No.24256/2023 4 acre 8 guntas of 11.12.2009 (LA-KIADB) agricultural land in Sy no.228/1A of Hosahudya Village, (W.A.No.340/2023) Kasaba Hobli, Bagepalli Taluk, Chikkaballapur District 15 W.P.No.24271/2023 1 acre of land in 11.12.2009 (LA-KIADB) Sy.No.224 of Hosahudya Village, Kasaba Hobli, (W.A.No.345/2024) Bagepalli Taluk, Chikkaballapur District 16 W.P.No.26117/2022 1 acre 20 guntas of 11.12.2009 (LA-KIADB) land in Sy.No.236 and 2 acre 27 guntas in Sy.No.237/1 of
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NC: 2025:KHC:45876-DB W.A. No.858/2025 CONNECTED WITH MATTERS HC-KAR (WA.No.1057/2024) Kondareddypalli Village, Kasaba Hobli, Bagepalli Taluk, Chikkaballapur district 17 W.P.No.14399/2022 2 acre 39 guntas in 11.12.2009 (LA-KIADB) Sy.No.299 of Hosahudya Village, Kasaba Hobli, (W.A.No.370/2025) Bagepalli Taluk, Chikkaballapur District 18 W.P.No.48060/2019 1 acre 20 guntas of 11.12.2009 (LA-KIADB) land in Sy.No.297 of Hosahudya Village, Kasaba Hobli, (WA.No.831/2025) Bagepalli Taluk, Chikkaballapur District 19 W.P.No.17517/2021 3 acre 28 guntas of 11.12.2009 (LA-KIADB) land in Sy.No.296 of Kondareddypalli Village, Kasaba Hobli, (W.A.No 846/2025) Bagepalli Taluk, Chikkaballapur district 20 W.P.No.22332/2022 Total extent of 6 11.12.2009 (LA-KIADB) acres in Sy.No.220 of Hosahudya Village, Kasaba Hobli, (W.A.No.884/2024) Bagepalli Taluk, Chikkaballapur District
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NC: 2025:KHC:45876-DB W.A. No.858/2025 CONNECTED WITH MATTERS HC-KAR 21 W.P.No.13042/2021 2 acre 20 guntas of 11.12.2009 (LA-KIADB) land in Sy.No.218 of Hosahudya Village, Kasaba Hobli, (W.A.No 920/2025) Bagepalli Taluk, Chikkaballapur District 22 W.P.No.14839/2021 3 acres 39 guntas of 13.03.2012 (LA-KIADB) land in Sy No. 99 and 1 acre 4 guntas in Sy No.101 of (WA.No.55/2023) Karadubande Village, Narasapura Hobli, Kolar Taluk 23 W.P.No.13146/2021 1 acre 22 guntas in 13.03.2012 (LA-KIADB) Sy no.28/2, 28 guntas in Sy No.28/1 and 1 acre 21 ¼ (W.A.No.65/2023) guntas in Sy No. 29/2 of Karinayakanahalli, Kasaba Hobli, Malur Taluk, Kolar District 24 W.P.No.28232/2019 1 acre 12 guntas in 13.03.2012 (LA-KIADB) Sy no.89/1, 1 acre 8 guntas in Sy No. 89/2, 5 guntas in Sy (W.A.No.67/2023) no.11/2 and 6 guntas in Sy no.12/1E of Karadubande (K.B.Hosahallii) Village and 2 acre 9 guntas in Sy no.12/2, 16 guntas in Sy no..89, 1 acre 2
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NC: 2025:KHC:45876-DB
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guntas in Sy no.88
situated at
K.B.Hosahalli Village,
Narasaspura Hobli,
Kolar Taluk.
8. The respondent - State Government initiated the acquisition proceedings under the provision of the Act by issuing the notifications under Section 3(1), 1(3) and 28(1) of the Act notifying the schedule properties referred supra, for acquisition for industrial purposes vide notifications dated 11.12.2009 and 13.03.2012. The respondent/petitioner, who are the owners of the respective lands, challenged the acquisition proceedings mainly on the ground that the respondent - State Government has not issued final notification under Section 28(4) of the Act. The learned Single Judge, in the respective cases, after considering the submissions advanced and relying on judicial precedents, proceeded to allow the writ petitions and quash the preliminary notifications. The preliminary notifications were quashed
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NC: 2025:KHC:45876-DB W.A. No.858/2025 CONNECTED WITH MATTERS HC-KAR mainly on the ground that the appellant-KIADB failed to take any steps to proceed with the acquisition proceedings either by passing an order under Section 28(3) of the Act or by issuing the final notification even after a lapse of many years. The contention of the appellant-KIADB that the writ petitions ought to have been rejected on the ground that the challenge was only with regard to the preliminary notification in view of the law laid down by the Hon'ble Supreme Court in the case of HMT Ltd. referred supra, has no merit. The records indicate that the respondent-State Government except issuing the preliminary notification on 11.12.2009 and 13.03.2012 has not taken any steps to continue the acquisition proceedings for more than a decade. The contention of the appellant-KIADB that the notices under Section 28(2) of the Act were issued to the land owners and they could not come forward to participate in the acquisition proceedings cannot be accepted as nothing has prevented the KIADB to pass orders under Section 28(3) and further to issue
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NC: 2025:KHC:45876-DB W.A. No.858/2025 CONNECTED WITH MATTERS HC-KAR final notification under Section 28(4) of the Act. The lapse on the part of the appellant-KIADB and the respondent- State Government is writ large. The inaction of the appellant-KIADB and the respondent-State Government in not proceeding with the acquisition for a period of 12-13 years can, by no stretch of imagination, be termed as a reasonable action.
9. Although no specific time limit is prescribed under the Act for the issuance of the final notification, it is a well-settled principle of law that, in the absence of any express statutory period, such action must be taken within a reasonable time. The co-ordinate Bench in the case of KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD AND ORS V. K.H.SHIVANNA AND ORS2 in paragraph No.6 has held as under:
"6. The right to hold the property is a constitutional right which is guaranteed under Article 300-A of the Constitution of India and 2 MANU/KA/1188/2022 (W.A.No.557/2021 DD. 23.03.2022)
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NC: 2025:KHC:45876-DB W.A. No.858/2025 CONNECTED WITH MATTERS HC-KAR no citizen can be deprived of his property without following the due process of law. It is well settled legal proposition that where a statute does not provide for time limit for doing an Act, such an Act has to be done within a reasonable time, and what would be reasonable time has to be decided in the facts and circumstances of the Act. [See: 'MEHER RUSI DALAL V UNION OF INDIA', (2004) 7 SCC 362, 'P.K. SREEKANTAN V P. SREEKUMARAN NAIR', (2006) 13 8 SCC 574 AND 'K.B NAGUR V UNION OF INDIA', (2012) 4 SCC 483]. Therefore, in the facts of the case, we have to ascertain whether the Notification under Section 28(1) of the Act stands vitiated in law on account of the delay caused in issuing the final notification under Section 28(4) of the Act within reasonable time, in the light of submission made by learned senior counsel for respondent no. 2."
10. The Hon'ble Supreme Court in the case of RAM CHAND AND OTHERS V. UNION OF INDIA AND 3 OTHERS has held that even in the absence of a specific provision providing for issue of a final notification within a time limit, the final notification has to be issued within a 3 (1994) 1 SCC 44
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NC: 2025:KHC:45876-DB W.A. No.858/2025 CONNECTED WITH MATTERS HC-KAR period of two years, as two years is held to be a reasonable time. In the case on hand, the delay is between 12 to 14 years.
11. The co-ordinate Bench in the case of SHIMOGA URBAN DEVELOPMENT AUTHORITY BY ITS COMMISSIONER AND ANOTHER v. STATE OF KARNATAKA BY ITS SECRETARY AND OTHERS4 observed that it is settled that in a statute where for exercise of power no time limit is fixed, it has to be exercised within a time which can be held to be reasonable. The authorities are enjoined by the statute concerned, to perform their duties within a reasonable time and as such they are answerable to the Court, why such duties have not been performed by them, which has caused injury to the claimants. In the case on hand, the statement of objections filed by the appellant-KIADB in the writ proceedings as well as the grounds of appeal are silent as to why the appellant- KIADB has not taken any steps to complete the acquisition 4 ILR 2002 KAR 2078 : 2002 (2) KCCR 958
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NC: 2025:KHC:45876-DB W.A. No.858/2025 CONNECTED WITH MATTERS HC-KAR proceedings. In the absence of any explanation whatsoever with regard to the enormous delay of more than a decade, we are of the view that the appellant- KIADB as well as State Government have failed in performing their statutory obligation under the Act which infringed the right of the respondent/petitioners, who are the land owners. The appeals filed by the beneficiary is liable to be rejected on another ground that the preliminary notification in the instant cases were issued in the year 2009 and 2012 and the said date would be the date for determination of market value, if the appellants are allowed to complete the acquisition proceedings after a period of 12 and 14 years, such an act would violate the right of the respondent - land owners guaranteed under Article 300A of the Constitution of India.
12. It is to be noticed that the Karnataka Industrial Areas Development Act, 1966, is amended by the Karnataka Act No.20 of 2022 by substituting the existing
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NC: 2025:KHC:45876-DB W.A. No.858/2025 CONNECTED WITH MATTERS HC-KAR Section 30 of the Act with new Section. The substituted Section 30 of the Act reads as under:
"30. Application of Central Act 30 of 2013.- The sections 23, 23A, 26, 27, 28, 29, 30, 64, 65, 69, 72, 73, 74, 75, 76, 77, 78, 79, 80, 96and schedule-1 of the Right to fair compensation and transparency in Land Acquisition, rehabilitation and resettlement Act, 2013 (Central Act 30 of 2013) shall for that purpose be deemed to form part of this Act in the same manner as if they were re-enacted in the body thereof in respect of lands acquired under this Chapter."
13. The aforesaid amendment was effected from 05.04.2022 and if we allow the appellant-KIADB and the State Government to continue the acquisition, it would deprive the respondent - land owners of getting compensation under Section 30 of the amended Act. Due to the inaction of one party, the other party must not be allowed to suffer. In the case on hand, there is clear negligence and failure of statutory duty under the Act by the appellant-KIADB and the State Government in completing the acquisition proceedings within a reasonable
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NC: 2025:KHC:45876-DB W.A. No.858/2025 CONNECTED WITH MATTERS HC-KAR time. This Court cannot allow the land owners to suffer for the inaction of the State and the appellant-KIADB.
14. The co-ordinate Bench of this Court in the case of KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD AND ANOTHER Vs. M.VENKATARAMAIAH AND OTHERS5 followed the decision in the case of K.H.SHIVANNA referred supra, and dismissed the appeal of KIADB which has been confirmed by the Hon'ble Supreme Court in the case of KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD AND ANOTHER Vs. M.VENKATARAMAIAH SINCE 6 DECEASED BY LRS AND OTHERS . The another co- ordinate Bench of this Court in the case of KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD AND ANOTHER Vs. SMT.ANITHA PURNESH AND ANOTHER7 dismissed the appeal of the KIADB on the ground that there is inordinate delay in issuing the final notification which has been confirmed by the Hon'ble Supreme Court 5 W.A.No.558/2021 Dated 06.04.2022 6 SLP (C) Diary No.28887/2002 Dated 02.12.2022 7 W.A.No.2402/2014 Dated 12.04.2016
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NC: 2025:KHC:45876-DB W.A. No.858/2025 CONNECTED WITH MATTERS HC-KAR in the case of KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD AND ANOTHER Vs. SMT.ANITHA POORNESH AND ANOTHER8. In the case of GOPAL KRISHNA AND OTHERS Vs. THE STATE OF KARNATAKA AND OTHERS9, the co-ordinate Bench of this Court allowed the appeal of the land owner on the ground that the preliminary notification was issued on 12.08.2020 and till date, no final notification was issued. The said judgment was not interfered by the Hon'ble Supreme Court in the case of THE KARNATAKA INDUSTRIAL DEVELOPMENT BOARD AND ORS. Vs. GOPAL KRISHNA AND ORS.10.
15. In view of the preceding analysis, we are of the considered view that by issuing the notification under Sections 3(1), 1(3) and 28(1) of the Act, the respondent - State Government have created a clog over the property covered under these proceedings and due to the impugned 8 Spl. Leave to Appeal No.14117/2016 Dated 05.08.2016 9 W.A.No.1476/2023 Dated 11.01.24 10 Spl. Leave to appeal (C) No.7276/2024 Dated 01.04.2024
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NC: 2025:KHC:45876-DB W.A. No.858/2025 CONNECTED WITH MATTERS HC-KAR notification the land owners, were unable to transact with their properties nor did they receive any compensation, which in our view is in violation of Article 300A of the Constitution of India. It needs to be observed that it is the beneficiary-KIADB that has filed the appeal challenging the orders of the learned Single Judge and not the respondent-State Government, which is responsible for issuing the final notification, which also clearly demonstrates that the beneficiary of the acquisition is insisting to continue the acquisition and not the State Government. The power of eminent domain is with the respondent-State to acquire the private property of the individual and in the instant case, the sovereign has not challenged the orders of the learned Single Judge and even on this ground, the appeals of the beneficiary-KIADB is required to be rejected.
16. While statutory authorities are vested with discretionary power to acquire land for prescribed statutory objectives, Article 300A of the Constitution
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NC: 2025:KHC:45876-DB W.A. No.858/2025 CONNECTED WITH MATTERS HC-KAR provides constitutional protection to citizens by mandating that property deprivation must be grounded in legal authority and conducted through constitutionally compliant procedures. The doctrine of due process inherent in this provision necessarily implies finality of the acquisition process i.e. it must be concluded within a reasonable time period and cannot remain indefinitely pending. The failure of the acquiring authority to achieve procedural completion within such reasonable timeframe generates a corresponding right for land owners to judicially challenge the acquisition proceedings on grounds of unreasonable delay and procedural defect.
17. The learned counsel for the appellant-KIADB filed application with additional document which indicates that the respondent-State Government issued final notification under Section 28(4) of the Act in respect of other lands, which are not covered in these appeals, after the writ petitions came to be allowed by the learned Single Judge. The said notification would not help the appellant-
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NC: 2025:KHC:45876-DB W.A. No.858/2025 CONNECTED WITH MATTERS HC-KAR KIADB in anyway to challenge the correctness of the order of the learned Single Judge as the said notification would not explain the inordinate delay. Hence, such contention has no merit. We have also noticed that W.A.No.858/2025 is filed with the delay of 1126 days and other appeals are also filed with certain delay, there is no sufficient cause shown in the application to condone the delay. The learned Single Judge, considering the peculiar facts and circumstances of the case, has recorded the finding that there is an inordinate delay on part of the appellant-KIADB and they failed to complete the acquisition proceedings within reasonable time and by considering the various decisions of this Court, allowed the writ petitions.
18. We do not find any error or perversity in the finding recorded by the learned Single Judge in the impugned orders calling for interference in these intra Court appeals. In view of the preceding analysis, we are of the view that the appeals are devoid of merits and the
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NC: 2025:KHC:45876-DB W.A. No.858/2025 CONNECTED WITH MATTERS HC-KAR same are required to be rejected. Accordingly, the appeals are dismissed.
Pending applications, if any, stand closed.
Sd/-
(ANU SIVARAMAN) JUDGE Sd/-
(VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 3