Allowed¶38

Sri. Basavaraju. E v. State of Karnataka

Karnataka HC27 Nov 2025WP/28111/2024

Case brief

AI extract

What is this about?

KIADB; Karnataka Industrial Areas Development Act 1966; Section 3 notification dated 19.05.1974 quashed; stale/stale acquisition notification; no Preliminary Notification u/S 28(1); no Final Notification u/S 28(4); Mysore; writ petition allowed; Articles 226 and 227 Constitution of India.

What did the court decide?

Writ petition allowed; notification dated 19.05.1974 (Annexure-A) passed by respondent No.1 quashed insofar as the land belonging to the petitioners is concerned. ¶38

Sri. Basavaraju. E Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition allowed; notification dated 19.05.1974 (Annexure-A) passed by respondent No.1 quashed insofar as the land belonging to the petitioners is concerned.

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Issue for consideration

Whether the notification dated 19.05.1974 (Annexure-A) issued under Section 3 of the Karnataka Industrial Areas Development Act, 1966 should be quashed insofar as the schedule property belonging to the petitioners, given that no further action was taken for about five decades and no Preliminary Notification under Section 28(1) or Final Notification under Section 28(4) of the Act was issued, leaving the notification as an impediment to the petitioners developing the land.

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Court's answer

The impugned notification dated 19.05.1974 (Annexure-A) issued under Section 3 of the Act is required to be quashed insofar as the land belonging to the petitioners, since despite issuance about five decades ago no further action was taken and the respondents admitted that no Preliminary Notification under Section 28(1) or Final Notification under Section 28(4) of the Act was issued, the notification being an impediment to the petitioners developing the land.

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Detailed headnote1 paragraphs

Writ petition under Articles 226 and 227 of the Constitution of India assailing a notification dated 19.05.1974 (Annexure-A) issued by the State under Section 3 of the Karnataka Industrial Areas Development Act, 1966, insofar as the petitioners' schedule property. The petitioners had purchased the land under a registered sale deed dated 14.08.2024; though the notification was issued about five decades ago, no further action was taken, and the respondents admitted in their statement of objection that no Preliminary Notification under Section 28(1) or Final Notification under Section 28(4) of the Act had been issued, the notification remaining an impediment to development of the land. Holding that the petitioners' submission had force, the Court allowed the writ petition and quashed the notification dated 19.05.1974 insofar as the land belonging to the petitioners.

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1 - NC: 2024:KHC:46072 WP No. 28111 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 28111 OF 2024 (LA-KIADB)

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BETWEEN:

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SRI. BASAVARAJU E, S/O. LATE ERAIAH, AGED ABOUT 61 YEARS, NO. 23, 2ND CROSS, 4TH MAIN, PADUVARALLI, MYSORE - 570 012.

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SRI. NARAYANA V, S/O. LATE VENKATAPPA M.K, AGED ABOUT 63 YEARS, NO. 570, 3RD CROSS, KAAMAATAGERI, NAJARBAADH, MYSORE - 570 010.

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Digitally signed by SHARMA ANAND CHAYA

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Location: High Court of Karnataka

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(BY SMT. KUSUMA M., ADVOCATE)

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AND:

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…PETITIONERS

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STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, M.S. BUILDING, BANGALORE - 560 001.

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THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.14/3, RASTROTHANA BUILDING, NEAR RESERVE BANK, NRUPATHUNGA ROAD, BENGALURU - 560 001, REPRESENTED BY ITS CHAIRMAN.

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THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA

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NC: 2024:KHC:46072 WP No. 28111 of 2024

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DEVELOPMENT BOARD (KIADB), MYSORE ZONE, K.R.S. ROAD, MYSORE - 570 016.

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…RESPONDENTS

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(BY SRI. RAVINDRANATH B., AGA FOR R1; SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2 AND R3)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH NOTIFICATION DATED 19.05.1974 BEARING NO. PART IV -20(1) KARNATAKA GAZETTE, SEPT,26,1974 (3404) ISSUED BY THE R-1 AUTHORITY AT ANNEXURE-A TO THE WRIT PETITION IN SO FAR AS SCHEDULE PROPERTY BELONGING TO THE PETITIONERS IS CONCERNED AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE E.S.INDIRESH

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ORAL ORDER

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Heard Smt.Kusuma M., learned counsel appearing for the petitioners and Sri.P.V.Chandrashekar learned counsel appearing for respondent Nos.2 and 3.

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In this writ petition, petitioners are assailing the notification dated 19.05.1974 (Annexure-A) issued by the Government under Section 3 of the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as 'Act').

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It is the grievance of the petitioners that though the subject matter land is the part of the aforementioned

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3 - NC: 2024:KHC:46072 WP No. 28111 of 2024

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notification issued by respondent-State under Section 3 of the Act and further petitioners have purchased the land as per registered sale deed dated 14.08.2024. It is further stated in

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the writ petition that, though the respondent authorities have issued notification at Annexure-A, as for as five decades ago,

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no further action has been taken in respect of the land in question. Accordingly, I have taken note of the submission made by the learned counsel for the parties. Though the respondent authorities have stated in the statement of objection that respondent authorities have not issued Preliminary Notification as required under Section 28(1) of the Act and Final Notification under Section 28(4) of the Act, in view of the existence of the notification at Annexure-A which could be impediment for the petitioners to develop the land or to take any decision in the matter insofar as the land in question.

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In that view of the matter, I find force in the submission made by the learned counsel appearing for the petitioners and as such the impugned notification dated 19.05.1974 (Annexure-A) is required to be quashed.

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NC: 2024:KHC:46072 WP No. 28111 of 2024

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In the result I pass the following:

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ORDER

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Writ petition is allowed .

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Notification dated 19.05.1974 (Annexure-A) passed by respondent No.1 is hereby quashed insofar as the land belonging to the petitioners are concerned.

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SD/(E.S.INDIRESH) JUDGE

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GPG List No.: 1 Sl No.: 54 CT: BHK

Sri. Basavaraju. E v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. Basavaraju. E v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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Parties & counsel

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