[Cites 4, Cited by 0]
Karnataka High Court
Iranna And Anr vs State Of Karnataka And Ors on 10 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
-1-
NC: 2026:KHC-K:2273
WP No. 201292 of 2024
C/W WP No. 200930 of 2024
WP No. 201035 of 2024
HC-KAR AND 1 OTHER
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 201292 OF 2024 (LA-RES)
C/W
WRIT PETITION NO. 200930 OF 2024 (LA-RES)
WRIT PETITION NO. 201035 OF 2024 (LA-KIADB)
WRIT PETITION NO. 202289 OF 2025 (LA-KIADB)
IN WP No. 201292/2024:
BETWEEN:
1. BHAGANNA S/O KALYANRAO SWADI,
AGED: 41 YEARS, OCC: AGRICULTURE
2. SUVARNADEVI W/O BASAVARAJ SWADI,
AGED: 40 YEARS, OCC: AGRICULTURE
3. IRANNA S/O BASAVANAPPA
Digitally signed by @ BASAVARAJ (ADOPTED),
SWETA KULKARNI
Location: HIGH
(S/O KALYANRAO (NATURAL FATHER),
COURT OF AGED: 40 YEARS, OCC: AGRICULTURE
KARNATAKA
4. SANGAMMA W/O JAGADISH,
AGED: 40 YEARS, OCC: AGRICULTURE
ALL R/O SHIEK ROZA AREA
KALABURAGI-585104
...PETITIONERS
(BY SRI HARSHAVARDHAN R. MALIPATIL, ADVOCATE)
-2-
NC: 2026:KHC-K:2273
WP No. 201292 of 2024
C/W WP No. 200930 of 2024
WP No. 201035 of 2024
HC-KAR AND 1 OTHER
AND:
1. STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
VIDHANA SOUDHA,
BENGALURU-560001.
BY ITS SECRETARY.
2. STATE OF KARNATAKA,
DEPARTMENT OF INDUSTRIES,
VIDHANA SOUDHA,
BENGALURU-560001.
BY ITS SECRETARY.
3. DEPUTY COMMISSIONER
MINI VIDHANA SOUDHA,
KALABURAGI-585102.
4. SPL. LAND ACQUISITION OFFICER,
KIADB, HUMNABAD ROAD,
KALABURAGI-585104.
...RESPONDENTS
(BY SRI MALLIKARJUN SAHUKAR, AGA FOR R1 TO R3;
SRI A.M. NAGARAL, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, I)
ISSUE A WRIT OF CERTIORARI QUASHING NOTIFICATION OF
RESPONDENT NO.4 DATED 13.05.2010 BEARING NO. CI 269
SPQ 2010 VIDE ANNEXURE-A, AND ALSO THE NOTICE OF
RESPONDENT NO.4 DATED 18.06.2010 BEARING NO. KIADB/
ACQ/ GU/ 10-11 VIDE ANNEXURE-B IN SO FAR AS IT
PERTAINS TO THE LAND OF THE PETITIONERS BEARING
SY.NO.73 TO AN EXTENT OF 09 ACRES 05 GUNTAS OF SHIEK
ROZA VILLAGE, TQ AND DIST. KALABURAGI PRESENTLY RE-
NUMBERED AS SY.NO.73/1; II) ISSUE ANY OTHER ORDER,
DIRECTION OR WRIT AS THIS COURT DEEMED FIT IN THE
FACTS AND CIRCUMSTANCES OF THE CASE AS STATED ABOVE
WITH COSTS.
-3-
NC: 2026:KHC-K:2273
WP No. 201292 of 2024
C/W WP No. 200930 of 2024
WP No. 201035 of 2024
HC-KAR AND 1 OTHER
IN WP NO. 200930/2024:
BETWEEN:
1. IRANNA
S/O BASAVANAPPA @ BASAVARAJ,
(S/O KALYANRAO (NATURAL FATHER),
AGED: 44 YEARS, OCC: AGRICULTURE.
2. GUNDAMMA W/O BASAVANAPPA @ BASAVARAJAPPA,
AGED: 74 YEARS, OCC: AGRICULTURE,
BOTH R/O SHEIK ROZA AREA,
KALABURAGI-585103.
...PETITIONERS
(BY SRI HARSHAVARDHAN R. MALIPATIL, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
VIDHANA SOUDHA,
BENGALURU-560001.
BY ITS SECRETARY.
2. STATE OF KARNATAKA,
DEPARTMENT OF INDUSTRIES,
VIDHANA SOUDHA,
BENGALURU-560001,
BY ITS SECRETARY.
3. DEPUTY COMMISSIONER
MINI VIDHAN SOUDHA,
KALABURAGI-585102.
4. SPL. LAND ACQUISITION OFFICER,
KIADB, HUMNABAD ROAD,
KALABURAGI-585104.
...RESPONDENTS
-4-
NC: 2026:KHC-K:2273
WP No. 201292 of 2024
C/W WP No. 200930 of 2024
WP No. 201035 of 2024
HC-KAR AND 1 OTHER
(BY SRI MALLIKARJUN SAHUKAR, AGA FOR R1 TO R3;
SRI A.M. NAGARAL, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO, I) ISSUE
A WRIT OF CERTIORARI QUASHING NOTIFICATION OF
RESPONDENT NO.4 DATED 13.05.2010 BEARING NO. CI 269
SPQ 2010 VIDE ANNEXURE-A, AND ALSO THE NOTICE OF
RESPONDENT NO.4 DATED 18.06.2010 BEARING NO. KIADB/
ACQ/ GU/ 10-11 VIDE ANNEXURE-B IN SO FAR AS IT
PERTAINS TO THE LAND OF THE PETITIONERS BEARING
SY.NO.73 TO AN EXTENT OF 09 ACRES 04 GUNTAS OF SHIEK
ROZA VILLAGE, TQ AND DIST. KALABURAGI PRESENTLY RE-
NUMBERED AS SY.NO.73/3; II) ISSUE ANY OTHER ORDER,
DIRECTION OR WRIT AS THIS COURT DEEMED FIT IN THE
FACTS AND CIRCUMSTANCES OF THE CASE AS STATED ABOVE
WITH COSTS.
IN WP NO. 201035/2024:
BETWEEN:
1. IRANNA
S/O BASAVANAPPA @ BASAVARAJ,
(S/O KALYANRAO (NATURAL FATHER),
AGED: 42 YEARS, OCC: AGRICULTURE.
2. GUNDAMMA W/O BASAVANAPPA @BASAVARAJ,
AGED: 74 YEARS, OCC:AGRICULTURE,
BOTH R/O SHEIK ROZA AREA,
KALABURAGI-585103.
...PETITIONERS
(BY SRI HARSHAVARDHAN R. MALIPATIL, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
-5-
NC: 2026:KHC-K:2273
WP No. 201292 of 2024
C/W WP No. 200930 of 2024
WP No. 201035 of 2024
HC-KAR AND 1 OTHER
VIDHANA SOUDHA,
BENGALURU-560001.
BY ITS SECRETARY.
2. STATE OF KARNATAKA,
DEPARTMENT OF INDUSTRIES,
VIDHANA SOUDHA,
BENGALURU-560001,
BY ITS SECRETARY.
3. DEPUTY COMMISSIONER
MINI VIDHAN SOUDHA,
KALABURAGI-585102.
4. SPL. LAND ACQUISITION OFFICER,
KIADB, HUMNABAD ROAD,
KALABURAGI-585104.
...RESPONDENTS
(BY SRI MALLIKARJUN SAHUKAR, AGA FOR R1 TO R3;
SRI A.M. NAGARAL, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO, I) ISSUE
A WRIT OF CERTIORARI QUASHING NOTIFICATION OF
RESPONDENT NO.4 DATED 13-05-2010 BEARING NO. CI 269
SPQ 2010 VIDE ANNEXURE-A, AND ALSO THE NOTICE OF
RESPONDENT NO.4 DATED 18-06-2010 BEARING NO.
KIADB/ACQ/GU/10-11 VIDE ANNEXURE-B, IN SO FAR AS IT
PERTAINS TO THE LAND OF THE PETITIONERS BEARING SY
NO. 65 TO AN EXTENT OF 17 ACRES 02 GUNTAS OF SHIEK
ROZA VILLAGE, TQ AND DIST KALABURAGI; II) ISSUE ANY
OTHER ORDER, DIRECTION OR WRIT AS THIS COURT DEEMED
FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE AS
-6-
NC: 2026:KHC-K:2273
WP No. 201292 of 2024
C/W WP No. 200930 of 2024
WP No. 201035 of 2024
HC-KAR AND 1 OTHER
STATED ABOVE WITH COSTS.
IN WP NO. 202289/2025:
BETWEEN:
1. NAGARAJ S/O DHARMASHETTY,
AGE: 31 YEARS, OCC: GOVT SERVANT,
R/O H NO. 9-934, SHAHABAZAR,
KALABURAGI- 585101.
2. VIJAYALAXMI D/O DHARMASHETTY,
AGE: 43 YEARS, OCC: HOUSEHOLD,
R/O BEHIND POLICE QTRS, NEAR HANUMAN TEMPLE,
SULTANPUR KALABURAGI.
3. UMA D/O DHARMASHETTY,
AGE: 36 YEARS, OCC: HOUSEHOLD,
R/O H NO. 601/44A, M B NAGAR, 4TH CROSS,
M G ROAD, NAVANI MEDICAL, KALABURAGI.
...PETITIONERS
(BY SRI HARSHAVARDHAN R. MALIPATIL, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
DEPARTMENT OF REVENUE, VIDHAN SOUDHA,
BANGALORE-560001,
BY ITS SECRETARY.
2. STATE OF KARNATAKA,
DEPARTMENT OF INDUSTRIES, VIDHAN SOUDHA,
BANGALORE-560001,
BY ITS SECRETARY.
3. DEPUTY COMMISSIONER
MINI VIDHAN SOUDHA,
KALABURAGI-585102.
-7-
NC: 2026:KHC-K:2273
WP No. 201292 of 2024
C/W WP No. 200930 of 2024
WP No. 201035 of 2024
HC-KAR AND 1 OTHER
4. SPL. LAND ACQUISITON OFFICER,
KIADB, HUMNABAD ROAD,
KALABURAGI-585104.
...RESPONDENTS
(BY SRI MALLIKARJUN SAHUKAR, AGA FOR R1 TO R3;
SRI A.M. NAGARAL, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A) ISSUE
A WRIT OF CERTIORARI QUASHING NOTIFICATION OF
RESPONDENT NO.4 DATED 13.05.2010 BEARING NO.CI 269
SPQ 2010 VIDE ANNEXURE-A AND ALSO THE NOTICE OF
RESPONDENT NO.4 DATED 18.06.2010 BEARING
NO.KIADB/ACQ/GU/10-11 VIDE ANNEXURE-B, IN SO FAR AS
IT PERTAINS TO THE LAND OF THE PETITIONERS BEARING
SY.NO.73 TO AN EXTENT OF 09 ACRES 04 GUNTAS OF SHIEK
ROZA VILLAGE, TQ AND DISTRICT KALABURAGI, PRESENTLY
RE-NUMBERED AS SY.NO.73/2; B) ISSUE ANY OTHER ORDER,
DIRECTION OR WRIT AS THIS COURT DEEMED FIT IN THE
FACTS AND CIRCUMSTANCES OF THE CASE AS STATED ABOVE
WITH COSTS.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
-8-
NC: 2026:KHC-K:2273
WP No. 201292 of 2024
C/W WP No. 200930 of 2024
WP No. 201035 of 2024
HC-KAR AND 1 OTHER
ORAL ORDER
In the above captioned four petitions, the petitioners have questioned the preliminary notification issued by the State dated 13.05.2010 and also the notice at Annexure-B issued by respondent No.4 under Section 28(2) of the Karnataka Industrial Areas Development Act, 1966 [for brevity, 'the KIAD Act'] and therefore, these writ petitions are heard together and disposed of by this common order.
2. Learned counsels appearing for the parties in the above captioned writ petitions jointly submit that the question that arises for consideration in these petitions is already considered by the Co-ordinate bench of this Court in W.P.No.201571/2015 and following the said order, this Court in similar petition has quashed the impugned notification and communication at Annexure-A. Annexure- F is one such order passed by the Co-ordinate bench of this Court in W.P.No.203701/2015 dated 17.07.2015 wherein similar writ petition has been disposed of following -9- NC: 2026:KHC-K:2273 WP No. 201292 of 2024 C/W WP No. 200930 of 2024 WP No. 201035 of 2024 HC-KAR AND 1 OTHER the judgment passed in W.P.No.201571/2015. Accordingly, the following:
ORDER This Writ Petition is disposed of in terms of the order passed in W.P.No.201571/2015. Accordingly, writ petition is allowed. The preliminary notification dated 13.05.2010 at Annexure-A and the subsequent notice under Section 28(2) of KIAD Act at Annexure-B issued by respondent No.4 are quashed insofar as it relates to the lands belonging to the petitioners herein.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE SWK List No.: 1 Sl No.: 56 CT:PK