Dodda Narayana Reddy Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Dodda Narayana Reddy Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of in the lines of the orders in W.P.No.20099/2021, W.P.No.28232/2019 and W.P.No.14839/2021, in each of which the very same notification was quashed - the practical effect being quashing of the notification Annexure-A dated 13.03.2012 in so far as the petitioners' lands.

Issue for consideration

Whether the notification Annexure-A in No.CI-11 SPQ-2012 dated 13.03.2012 issued by respondent No.1 should be quashed by way of certiorari in so far as the petitioners' lands in Sy.Nos.22, 23 (New No.23/2), 25/4 (New No.25/10) and 24 (New No.24/3) situated at Karinayakanahalli, Kasaba Hobli, Malur Taluk, Kolar District. +1 more

Court's answer

In view of the coordinate-bench orders in W.P.No.20099/2021 (01.02.2022, S.P.Anajanappa), W.P.No.28232/2019 (21.12.2020, P.Pranesh Rao) and W.P.No.14839/2021 (30.08.2021, P.Gopala Reddy) - wherein the very same notification, subject matter of the present petition, was quashed, a fact not disputed by the learned HCGP for the State and KIADB - the petition is disposed of in the lines of those orders.

Detailed headnote1 paragraphs

High Court of Karnataka, Bengaluru - W.P. No. 22753 of 2022 (LA-KIADB), decided 21.01.2025 (M.G.S. Kamal, J.). Petitioners, owners of lands in Sy.Nos.22, 23 (New No.23/2), 25/4 (New No.25/10) and 24 (New No.24/3) of Karinayakanahalli, Kasaba Hobli, Malur Taluk, Kolar District, sought certiorari quashing preliminary notification Annexure-A (No.CI-11 SPQ-2012, dt. 13.03.2012) issued under Section 28(1) of the Karnataka Industrial Areas Development Act in so far as their lands, on the ground that no final notification followed and that KIADB, despite passing a resolution not to proceed with the acquisition, had issued no dropping notification even after their representations and objections. Learned counsel relied on coordinate-bench orders in S.P.Anajanappa (W.P.No.20099/2021, dt. 01.02.2022), P.Pranesh Rao (W.P.No.28232/2019, dt. 21.12.2020) and P.Gopala Reddy (W.P.No.14839/2021, dt. 30.08.2021), in all of which the very same notification was quashed; the learned HCGP for the State and KIADB did not dispute this. The Court accordingly disposed of the petition in the lines of those orders.

1 - NC: 2025:KHC:2514 WP No. 22753 of 2022

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21^ST DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 22753 OF 2022 (LA-KIADB)

BETWEEN:

DODDA NARAYANA REDDY S/O KONDA REDY AGED ABOUT 80 YEARS R/AT KARINAYAKANAHALLI VILLAGE KASABA HOBLI, BAVANAHALLI POST MALUR TALUK

KOLAR DISTRICT - 563 130.

ANAND KUMAR .N @ ANAND REDDY S/O DODDA NARAYAN REDDY AGED ABOUT 47 YEARS R/AT KARINAYAKANAHALLI VILLAGE KASABA HOBLI, BAVANAHALLI POST MALUR TALUK KOLAR DISTRICT - 563 130.

Digitally signed by ROOPA R U Location: High Court of Karnataka

(BY SRI. MANJUNATH D M.,ADVOCATE)

AND:

…PETITIONERS

THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF INDUSTRIES AND COMMERCE VIKASA SOUDHA DR. AMBEDKAR VEEDI BENGALURU - 560 001.

KARNATKA INDUSTRIAL AREAS DEVELOPMENT BOARD BY ITS EXECUTIVE OFFICER NO. 49, 4^TH AND 5^TH FLOOR

2 -

NC: 2025:KHC:2514 WP No. 22753 of 2022

EAST WING, KHANIJA BHAVAN RACE COURSE ROAD, BENGALURU - 560 001.

THE SPECIAL LAND ACQUISATION OFFICE (PART 1) KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO.39 SHANTHI GRUHA BHARAT SCOUT GUIDE BUILDING 4^TH FLOOR PALACE ROAD, BENGALURU - 560 001.

…RESPONDENTS

(BY SRI. SPOORTHY HEGDE N., HCGP FOR R1; SRI. C. RAMAKRISHNA, ADVOCATE FOR R2 AND R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSITUTION OF INDIA PRAYING TO QUASHING THE NOTIFICATION ANNEXURE-A IN NO.CI-11 SPQ-2012 DATE 13.03.2012 ISSUED BY THE R1 IN SO FAR PETITIONER LANDS IN RESPECT OF SY.NO.22 MEASURING 39 GUNTAS,SY NO.23(NEW NO.23/2) MEASURING 1 ACRE 16.1/2 GUNTAS,SYNO.25/4 (NEW NO.25/10) MEASURING 1 ACRE 15.1/2 GUNTAS AND SY.NO.24(NEW NO.24/3) MEASURING 1 ACRE 30 GUNTAS SITUATED IN KARINAYAKANAHALLI KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT 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 M.G.S. KAMAL

ORAL ORDER

Petitioners are before this Court seeking following reliefs;

"1) Issue an order, writ or any other appropriate order or writ of certiorari quashing the notification Annexure-A in No.CI-11 SPQ-2012 date 13-032012 issued by the 1^st respondent, in so far petitioners lands in respect of Sy.No.22 measuring 39 guntas, Sy.No. 23 (New No 23/2 )

3 - NC: 2025:KHC:2514 WP No. 22753 of 2022

measuring 1 acre 16.1/2 guntas, Sy.No.25/4 (New No 25/10) measuring 1 acre 15.1/2 guntas and Sy.No.24 (New No 24/3 ) measuring 1 acre 30 guntas situated in Karinayakanahalli, Kasba Hobli, MalurTaluk, Kolar District."

Case of the petitioners is that petitioners are the owners of lands of different extents in Sy.Nos.22, 23, 25/4 and 24 of Karinayakanahalli, Kasaba Hobli, Malur District. That though preliminary notification dated 13.03.2012 under Section 28(1) of the Karnataka Industrial Areas Development Act had issued for acquisition, no final notification was issued. That though respondent -KIADB has passed resolution not to proceed with the acquisition, it has not issued any notification dropping the lands of the petitioner from acquisition even after representation and objection filed by the petitioners. Being aggrieved by the said in action on the part of the respondent - KIADB, petitioners are before this Court.

Learned counsel for the petitioners refers to the orders passed by the Coordinate Bench of this Court in;

(a) W.P.No.20099/2021 dated 01.02.2022 in the case of

S.P.Anajanappa vs. The State of Karnataka and others,

4 -

NC: 2025:KHC:2514 WP No. 22753 of 2022

(b) W.P.No.28232/2019 dated 21.12.2020 in the case of P.Pranesh Rao and others vs. The State of Karnataka and another and

(c) in W.P.No.14839/2021 dated 30.08.2021 in the case

of P.Gopala Reddy vs. The State of Karnataka

and submits that in all these writ petitions the very same notification, subject matter of the present petition has been quashed.

Learned HCGP appearing for the respondent -State

and respondent -KIADB does not dispute the same.

In view of the above, petition is disposed of in the

lines of the orders passed by this Court in the aforesaid writ petitions.

Sd/- (M.G.S. KAMAL) JUDGE

RU

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