Karnataka High Court
Smt. Rathnamma vs State Of Karnataka on 13 July, 2022
Bench: Suraj Govindaraj
-1-
WP No. 12996 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 12996 OF 2022 (LA-KIADB)
BETWEEN:
1. SMT. RATHNAMMA
W/O LATE KRISHNAPPA,
AGED ABOUT 47 YEARS,
2. SRIKANTH K
S/O LATE KRISHNAPPA,
AGED ABOUT 27 YEARS,
3. B V HARISH
S/O LATE VENKATESH,
AGED ABOUT 31 YEARS,
ALL ARE RESIDING AT
BANDIKODIGEHALLI POST,
BENGALURU NORTH
BENGALURU 562149
...PETITIONERS
Digitally signed by (BY SRI. SRIHARI A V.,ADVOCATE)
POORNIMA
SHIVANNA
Location: HIGH
COURT OF AND:
KARNATAKA
1. STATE OF KARNATAKA
DEPARTMENT OF COMMERCE AND INDUSTRIES
VIKASA SOUDHA,
BENGALURU 560001,
REPRESENTED BY ITS SECRETARY
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
EAST WING, KHANIJA BHAVAN
RACE COURSE ROAD,
BENGALURU 560001,
-2-
WP No. 12996 of 2022
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER
3. SPECIAL LAND ACQUISITION OFFICER -2
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,
NO 39, SHANTHI GRUHA
BHARATH SCOUTS AND GUIDES BUILDING,
4TH FLOOR PALACE ROAD,
BENGALURU 560001
...RESPONDENTS
(BY SRI.NITHYANANDA K.R., AGA FOR R1;
SRI. C. RAMAKRISHNA, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE
PRELIMINARY NOTIFICATION BEARING NO.CI/422/SPQ/2005,
BANGALORE, DTD 03.11.2006 VIDE ANNX-A AND FINAL
NOTIFICATION BEARING NO.CI/212/SPQ/2007, BANGALORE, DTD
07.05.2007 VIDE ANNX-B ISSUED BY THE R-1 IN RESPECT OF THE
PETITIONERS LAND BEARING SY.NO.40/335 MEASURING 1 ACRE
SITUATED AT BANDIKODIGEHALLI VILLAGE, JALA HOBLI,
BANGALORE NORTH TALUK AS ABANDONED, LAPSED AND NON-EST
AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioners are before this Court seeking for the
following reliefs:
a) Issue a writ in the nature of certiorari or any other writ
or order declaring that the preliminary notification
bearing No.CI/422/SPQ/2005, Bangalore, dated
03.11.2006 vide annexure-A and final notification
bearing No. CI/212/SPQ/2007, Bangalore, dated
07.05.2007 vide annexure-B issued by the First
Respondent in respect of the Petitioner's land bearing
Sy.No.40/335 measuring 1 acre situated at
WP No. 12996 of 2022
Bandikodigehalli Village, Jala Hobli, Bangalore North
Taluk as abandoned, lapsed and non-est;
b) Issue a writ in the nature of certiorari or any other writ
or order quashing the preliminary notification bearing
No.CI/422/SPQ/2005, Bangalore, dated 03.11.2006
vide annexure-A and final notification bearing
No.CI/212/SPQ/2007, Bangalore, dated 07.05.2007
vide annexure-B issued by the First Respondent in
respect of the Petitioners' land bearing Sy.No.40/335
measuring 1 acre situated at Bandikodigehalli Village,
Jala Hobli, Bangalore North Taluk as First and Second
Respondents have not completed the acquisation
proceedings within reasonable time;
c) Issue a writ of mandamus directing the Respondents
not to interfere with the Petitioners' peaceful possession
and enjoyment of schedule property.
d) Grant such other relief as this Hon'ble Court deems fit
in the facts and circumstances of the case, in the
interest of justice and equity.
2. The petitioners claim to be the absolute owners of
land measuring 1 acre in Sy.No.40/335 of
Bandikodigehalli village, Jala hobli, Bangalore North
taluk. The same was proposed to be acquired by
notification under Section 28(1) of the Karnataka Industrial
Areas Development Act, 1966 (hereinafter referred to as
the 'KIAD Act' for short) on 03.11.2006 and the final
notification came to be issued on 07.05.2007. Despite the
lapse of several years, the petitioner continuous to be in
possession of the said property. At the same time,
WP No. 12996 of 2022
respondents have not taken any steps to complete the
acquisition proceedings. He therefore submits that the
acquisition process was spent itself and as such the same
requires to be quashed.
3. In this regard, he relies upon the order
passed in WP.No.10583/2016 dated 01.04.2021,
WP.No.22273/2021 dated 21.12.2021, WP.Nos.42663-
42667/2017 dated 06.10.2017 and the judgment of the
Division Bench of this Court in WA.NO.1268/2021 dated
17.03.2022, as also WA.No.6387-6390/2017 dated
07.03.2018 and submits that the very same acquisition
notification has been quashed in respect of the petitioner
therein on the very same grounds urged by the learned
counsel for the petitioners herein. The order of the Division
Bench of this Court has been challenged before the Hon'ble
Apex Court in SLP NO.25239/2018 and the same has been
dismissed vide order 06.08.2018.
4. Learned counsel for respondent Nos.2 and 3-KIADB
submits that the present petition may also be disposed of
as per the orders passed in the aforesaid writ petitions and
writ appeal.
WP No. 12996 of 2022
5. In view thereof, I pass the following:
:ORDER:
a) Writ petition is allowed.
b) Certiorari is issued, the preliminary notification
No.CI/422/SPQ/2005 dated 03.11.2006 and
final notification NO.CI/212/SPQ/2007 dated
07.05.2007 insofar as relating to the land of
the petitioners measuring 1 acre in
Sy.No.40/335 of Bandikodigehalli village,
Jala hobli, Bangalore North taluk. is hereby
declared to be abandoned and as such quashed.
Sd/-
JUDGE
LN
