Sri Rajanna B K Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Sri Rajanna B K Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition disposed as withdrawn, with liberty to file a Public Interest Litigation in the prescribed form before the appropriate Bench having roster.

Issue for consideration

Whether a petition filed under Articles 226 and 227 by persons stating they espouse a public interest cause concerning gomala land, without personal interest, should instead be pursued through the separate prescribed procedure for filing a Public Interest Litigation before the appropriate Bench.

Court's answer

Upon counsel being pointed out to the separate procedure for filing a Public Interest Litigation and seeking withdrawal, this Court disposed of the writ petition as withdrawn, granting liberty to file a Public Interest Litigation in the prescribed form before the appropriate Bench having roster. No adjudication was made on the validity of the impugned final notification.

Detailed headnote1 paragraphs

Writ Petition (LA-KIADB) No. 50642 of 2018 before the High Court of Karnataka at Bengaluru, decided on 22.01.2025 by Justice M.G.S. Kamal. Seven villagers of Batsandra Village, Tumkur, sought under Articles 226 and 227 of the Constitution a writ of certiorari/direction quashing the Final Notification No.CI 322 SPQ 2010 Bangalore dated 23/07/2010 issued by Respondent No. 1 under Section 28(4) of the KIAD Act 1966, to the extent of Sy.No.13 (10 acres 22 guntas), Sy.No.16 (10 acres 17 guntas) and Sy.No.25 (10 acres 35 guntas) of Batsandra Village. Counsel submitted that the petitioners were espousing a public interest cause concerning gomala land with no personal interest, having earlier obtained liberty in a disposed writ petition of 08.03.2018. On being pointed out to the separate procedure for filing a Public Interest Litigation, counsel sought withdrawal; accordingly, the petition was disposed of as withdrawn with liberty to file a PIL in the prescribed form before the appropriate Bench having roster. The validity of the acquisition notification was not adjudicated.

1 - NC: 2025:KHC:2655 WP No. 50642 of 2018

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22^ND DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 50642 OF 2018 (LA-KIADB)

BETWEEN:

SRI. RAJANNA B.K., S/O KAMAIAH, AGED ABOUT 32 YEARS, BATSANDRA VILLAGE, KEMPANADODDERI POST, KORA-HOBLI, TUMKUR - 572 138.

SRI. RANGANATHA S/O MAHALINGAIAH, AGED ABOUT 30 YEARS, BATSANDRA VILLAGE, KEMPANADODDERI POST, KORA HOBLI, TUMKUR - 572 138.

Digitally signed by SUMA B N Location: High Court of Karnataka

SRI. MAHADEVAIAH S/O LATE LINGAIAH, AGED ABOUT 42 YEARS, BATSANDRA VILLAGE, KEMPANADODDERI POST, KORA HOBLI, TUMKUR - 572 138.

SRI. JAGADEESHA B.S., S/O LATE SHIVANNA, AGED ABOUT 62 YEARS, BATSANDRA VILLAGE, KEMPANADODDERI POST, KORA HOBLI, TUMKUR - 572 138.

2 - NC: 2025:KHC:2655 WP No. 50642 of 2018

SRI. DODDA HANUMAIAH S/O LATE DODDAIAH, AGED ABOUT 64 YEARS, BATSANDRA VILLAGE, KEMPANADODDERI POST, KORA HOBLI, TUMKUR - 572 138.

SRI. SIDDARAJU S/O DODDAMADAIAH, AGED ABOUT 44 YEARS, BATSANDRA VILLAGE, KEMPANADODDERI POST, KORA HOBLI, TUMKUR - 572 138.

SRI. SIDDALINGAIAH S/O LATE RAMAIAH, AGED ABOUT 71 YEARS, BATSANDRA VILLAGE, KEMPANADODDERI POST, KORA HOBLI, TUMKUR - 572 138.

…PETITIONERS

(BY SRI. H.V. MANJUNATHA, ADVOCATE)

AND:

THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE & INDUSTRY, VIKASA SOUDHA, AMBEDKAR VEEDHI, BANGALORE 560 001.

KARNATAKA INDUSTRIAL AREA DEVELOPMENT AUTHORITY, # 49, 4^TH AND 5^TH FLOOR, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE 560 001.

…RESPONDENTS

(BY SRI. SPOORTHY HEGDE N., HCGP FOR R1; SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR R2)

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NC: 2025:KHC:2655 WP No. 50642 of 2018

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO WRIT OF CERTIORARI OR ORDER OR DIRECTION QUASHING THE FINAL NOTIFICATION BEARING NO.CI 322 SPQ 2010 BANGALORE DATED 23/07/2010 ISSUED BY THE 1ST RESPONDENT AT ANNEXURE-C UNDER SECTION 28(4) OF KIAD ACT 1966 TO THE EXTENT OF SY.NO.13 MEASURING 10 ACRES 22 GUNTAS SY.NO.16 MEASURING 10 ACRES 17 GUNTAS AND SY.NO.25 MEASURING 10 ACRES 35 GUNTAS OF BATSANDRA VILLAGE.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

ORAL ORDER

Learned counsel for the petitioners submits that the petitioners are espousing the cause involving public interest in respect of gomala land, situated in their village and they have no personal interest in this matter.

2. Paragraph 9 of the writ petition reads as under:

" The Petitioners being aggrieved by the act of the Respondent in acquiring gomal lands, preferred Writ Petition in W.P.No.98929898/2017 and this matter was coming before the Hon'ble Court Dated: 08.03.2018 and disposed of the matter by granting liberty to the petitioners to proceeding accordance with the law, since public interest involved in the matter

4 -

NC: 2025:KHC:2655 WP No. 50642 of 2018

and accordingly the petitioner are filing this petition in the public interest. A Copy order dated 08.03.2018 passed in W.P.No.9892-9898 produced and marked as Annexure-J."

On being pointed out at separate procedure for filing a Public Interest Litigation, learned counsel for the petitioners seeks withdrawal of the petition with liberty to file Public Interest Litigation in the prescribed form before the appropriate Bench having roster.

Accordingly, petition is disposed as withdrawn , with liberty as sought for.

SD/(M.G.S. KAMAL) JUDGE

PK

List No.: 1 Sl No.: 16 CT:SNN