High Court of Karnataka Directs Revenue Authorities to Process Phodi Applications Without NOC from KIADB for Land Granted in 1939-40. The court held that KIADB has no jurisdiction over grants made prior to its establishment, and thus authorities cannot insist on NOC from KIADB for phodi.

High Court: Karnataka High Court Bench: BENGALURU In Favour of Accused

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2026-05-18 11:55:20

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Case Note & Summary

The petitioners, claiming to be owners of 5 acres of land in Sy.No.1 of M.Satyawara Village, Sulibele Hobli, Hoskote Taluk, Bangalore Rural District, filed a writ petition under Articles 226 and 227 of the Constitution of India. They sought a direction to the respondent authorities (State of Karnataka, Deputy Commissioner, Assistant Commissioner, and Tahasildar) to conduct phodi (sub-division of land) by accepting their applications either manually or online. The land was allegedly granted to their predecessor-in-title in 1939-40. The petitioners had applied for phodi, but the authorities insisted on a No Objection Certificate (NOC) from the Karnataka Industrial Areas Development Board (KIADB). The petitioners argued that the grant was made long before KIADB was established and that KIADB has no jurisdiction over such grants. The court, after hearing the petitioners' counsel and the Additional Government Advocate, observed that the land was granted in 1939-40, prior to the establishment of KIADB. The court held that KIADB has no jurisdiction over such grants and that the authorities cannot insist on an NOC from KIADB. The court directed the respondent authorities to accept the petitioners' applications for phodi and process them in accordance with law, without insisting on an NOC from KIADB. The petition was disposed of accordingly.

Headnote

A) Land Revenue - Phodi - Grant of Land - NOC from KIADB - The petitioners sought direction to authorities to conduct phodi in respect of 5 acres of land in Sy.No.1 of M.Satyawara Village, which was granted to their predecessor-in-title in 1939-40. The authorities insisted on NOC from KIADB. The court held that the land was granted long before KIADB was established and KIADB has no jurisdiction over such grants. Therefore, the authorities cannot insist on NOC from KIADB and must process the phodi applications in accordance with law. (Paras 1-4)

Issue of Consideration

Whether the respondent authorities can insist on a No Objection Certificate (NOC) from the Karnataka Industrial Areas Development Board (KIADB) for processing phodi applications in respect of land granted prior to the establishment of KIADB.

Final Decision

The writ petition is disposed of. The respondent authorities are directed to accept the applications of the petitioners for phodi and process them in accordance with law, without insisting on a No Objection Certificate from the Karnataka Industrial Areas Development Board.

Law Points

Phodi
Grant of land
NOC from KIADB
Jurisdiction of KIADB
Karnataka Land Revenue Act
1964
Karnataka Industrial Areas Development Act
1966

Case Details

NC: 2024:KHC:47226

WP No. 29448 of 2024 (KLR-RES)

2024-11-21

M.I.Arun

NC: 2024:KHC:47226

For Petitioners: Sri. Sharath S. Gowda; For Respondents: Sri. Harisha A.S., AGA

State of Karnataka, Department of Revenue; Deputy Commissioner, Bangalore Rural District; Assistant Commissioner, Bengaluru Rural, Doddaballapura Sub-Division; Tahasildar, Hoskote Taluk

Nature of Litigation

Writ petition seeking direction to revenue authorities to conduct phodi of land.

Remedy Sought

Direction to respondent authorities to conduct phodi in respect of 5 acres of land in Sy.No.1 of M.Satyawara Village by accepting petitioners' applications.

Filing Reason

Authorities insisted on NOC from KIADB for processing phodi applications, which petitioners contend is not required as the land was granted in 1939-40 before KIADB's establishment.

Issues

Whether the respondent authorities can insist on a No Objection Certificate (NOC) from the Karnataka Industrial Areas Development Board (KIADB) for processing phodi applications in respect of land granted prior to the establishment of KIADB.

Submissions/Arguments

Petitioners submitted that the land was granted to their predecessor-in-title in 1939-40, long before KIADB was established, and KIADB has no jurisdiction over such grants. Respondents argued through AGA that they insisted on NOC from KIADB as per procedure.

Ratio Decidendi

The land in question was granted in 1939-40, prior to the establishment of the Karnataka Industrial Areas Development Board. Therefore, KIADB has no jurisdiction over such grants, and the revenue authorities cannot insist on an NOC from KIADB for processing phodi applications.

Judgment Excerpts

The petitioners are said to be owners of 5 acres of land, which is said to have been granted to their predecessor-in-title in Sy.No.1 of M.Satyawara Village... It is submitted that grant is of the year 1939-40. The land was granted in the year 1939-40, much prior to the establishment of the KIADB. The KIADB has no jurisdiction over the said grant. Hence, the respondent authorities cannot insist upon the petitioners to obtain NOC from the KIADB.

Procedural History

The petitioners filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. The petition came up for preliminary hearing on 21st November 2024, and the court disposed it with directions.