Disposed

Sri. S.A. Rasheed v. the State of Karnataka

Karnataka HC25 Mar 2026WP/7810/2026

Case brief

AI extract

What is this about?

Petitioners challenged a preliminary notification under Section 28(1) of the KIAD Act acquiring their property. As no Section 28(4) notification had been issued and respondents agreed to another hearing, the court set aside the Section 28(3) orders as to the petitioners and remitted the matter for fresh hearing, keeping all contentions open.

What did the court decide?

Orders under Section 28(3) at Annexure-T set aside insofar as the petitioners; matter remitted for fresh hearing before the Special Land Adjudication Officer on 02.04.2026; contentions open.

Sri. S.A. Rasheed Vs the State of Karnataka — Land Acquisition | Karnataka HC (2026)

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1 - NC: 2026:KHC:16980 WP No. 7810 of 2026 C/W WP No. 7246 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 7810 OF 2026 (LA-KIADB) C/W WRIT PETITION NO. 7246 OF 2026 (LA-KIADB)

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IN W.P. No. 7810/2026

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BETWEEN:

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SRI. S.A. RASHEED S/O SRI. SYED ABDUL ZAHIR, AGED ABOUT 66 YEARS, RESIDING AT NO. 17/3 HARRS ROAD, BENSON TOWN BENGALURU - 560 046

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… PETITIONER

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(BY SRI. NARASIMHARAJU., ADVOCATE)

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Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BENGALURU - 560 001

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THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICE AND EXECUTIVE MEMBER

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2 - NC: 2026:KHC:16980 WP No. 7810 of 2026 C/W WP No. 7246 of 2026

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HC-KAR

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MAHARSHI ARAVIND BHAVAN 1^st FLOOR, NRUPATHUNGA ROAD, BENGALURU - 560 001

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THE SPECIAL DEPUTY COMMISSIONER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (KIADB) 5^th FLOOR, KHANIJA BHAVAN RACE COURSE ROAD, BENGALURU - 560 001

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THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REPERSENTED BY ITS SPECIAL LAND ACQUISITION OFFICER -2 (BMICP) MAHARSHI ARAVIND BHAVAN 1^st FLOOR, NRUPATHUNGA ROAD, BENGALURU - 560 001

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… RESPONDENTS

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(BY SMT. HARISH A.S., AGA FOR R1; SRI P.V. CHANDRASHEKAR, ADVOCATE FOR R2 TO R4)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE PRELIMINARY NOTIFICATION DATED 05-02-2025 ISSUED BY THE 2^ND RESPONDENT IN NOTIFICATION NO.CI 32 SPQ 2025 AS PER ANNEXURE-A IN SO FAR AS THE PROPERTY OF THE PETITIONER IS CONCERNED AND ISSUE WRIT OF MANDAMUS, DIRECTING THE RESPONDENT AUTHORITY TO CONSIDER THE REPRESENTATION/OBJECTION FILED BY THE PETITIONER DATED 15-11-2025 AS PER ANNEXURE-J AND ETC.

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3 - NC: 2026:KHC:16980 WP No. 7810 of 2026 C/W WP No. 7246 of 2026

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HC-KAR

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IN W.P. NO. 7246/2026

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BETWEEN:

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SRI SYED MOHAMED MUNEER S/O SRI SYED ABDUL ZAHIR, AGED ABOUT 57 YEARS, RESIDING AT NO.4B, II MAIN, BRINDAVAN EXTENTION, MYSURU - 570 020

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... PETITIONER

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(BY SRI. NARASIMHARAJU., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA BENGALURU - 560 001.

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THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER MAHARASHI ARAVIND BHAVAN, 1^ST FLOOR, NRUPATHUNGA ROAD BENGALURU - 560 001.

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THE SPECIAL DEPUTY COMMISSIONER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (KIADB) 5^TH FLOOR, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU - 560 001.

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4 - NC: 2026:KHC:16980 WP No. 7810 of 2026 C/W WP No. 7246 of 2026

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HC-KAR

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THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REPRESENTED BY ITS SPECIAL LAND ACQUISITION OFFICER -2 (BMICP) MAHARSHI ARAVIND BHAVAN, 1^ST FLOOR, NRUPATHUNGA ROAD, BENGALURU - 560 001.

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... RESPONDENTS

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(BY SMT. HARISH A.S., AGA FOR R1; SRI P.V. CHANDRASHEKAR, ADVOCATE FOR R2 TO R4)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DATED 05/02/2025 ISSUED BY THE R3 IN NOTIFICATION NO. CI 32 SPQ 2025 AS PER ANNEXURE-A IN SO FAR AS THE PROPERTY OF THE PETITIONER IS CONCERNED AND ISSUE WRIT OF MANDAMUS, DIRECTING THE RESPONDENT AUTHORITY TO CONSIDER THE REPRESENTATION / OBJECTION FILED BY THE PETITIONER DATED 10/03/2025 AND 15/11/2025 AS PER ANNEXURE-G AND H AND ETC.

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THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

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5 - NC: 2026:KHC:16980 WP No. 7810 of 2026 C/W WP No. 7246 of 2026

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HC-KAR

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ORAL ORDER

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As the relief sought for in both the petitions are identical, both the matters are taken up together and disposed of by a common order.

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The petitioners have sought for setting aside of the Preliminary Notification dated 05.02.2025 passed under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as 'the KIAD Act') by the second respondent-KIADB.

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It is an admitted position that though orders are passed under Section 28(3) of the KIAD Act, however, no notification under Section 28(4) of the KIAD Act has been passed.

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Submission is made on behalf of the respondents that the petitioners have a right to be heard in terms of Section 28(3) of the KIAD Act and though after hearing the petitioners, orders have been passed; however, another opportunity may be given.

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6 - NC: 2026:KHC:16980 WP No. 7810 of 2026 C/W WP No. 7246 of 2026

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HC-KAR

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Taking note of such stand by the respondents and also noticing that till date no notification is passed under Section 28(4) of the KIAD Act, without entering into the other contentions raised, it would be appropriate to set aside the order passed under Section 28(3) of the KIAD

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Act at Annexure-T, insofar as the petitioners are concerned, and remit the matter back to the stage of hearing of the petitioners before passing orders under 28(3) of the KIAD Act.

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The petitioners to appear before the Special Land

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Adjudication Officer without further notice on 02.04.2026.

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The petitioners are at liberty to place other materials in support of their objections. All contentions are

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kept open.

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In view of the above, the petitions are disposed of .

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Sd/(S SUNIL DUTT YADAV) JUDGE

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Sri. S.A. Rasheed v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. S.A. Rasheed v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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