- 1 - NC: 2025:KHC:3240 WP No. 13594 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 13594 OF 2017 (GM-KIADB) BETWEEN: M/S. GARAGE AND ENGINEERING WORK SHOP ASSOCIATION, HAVING ITS OFFICE AT: PLOT NO.231, SAGAR ROAD, AUTO COMPLEX INDUSTRIAL AREA, SHIMOGA-577 201. REPRESENTED BY ITS SECRETARY, SRI DANANJAYA, S/O B.MOHAN., AGED ABOUT 49 YEARS, …PETITIONER (BY SRI. BHARATH KUMAR.V., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF INDUSTRIES AND COMMERCE, VIDHANA SOUDHA, DR.B.R.AMBERDAR VEEDHI, BANGALORE-560 001. 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, HAVING ITS HEAD OFFICE AT: NO.49, 4TH ND 5TH FLOOR, "EAST WING", KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE-560 001. REP. BYITS CHIEF EXECUTIVE. 3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:3240 WP No. 13594 of 2017 HAVING ITS ZONAL OFFICE AT: KARUR INDUSTRIAL AREA, PLOT NO.CA(1-B), P.B.ROAD, DAVANGERE-577 006. REP. BY ITS CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SRI. SRINIVAS KUMAR.M., HCGP FOR R1; SRI. P.V.CHANDRASHEKAR., ADVOCATE FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Bharath Kumar.V., counsel for the petitioner, Sri.Srinivas Kumar.M., HCGP for respondent No.1 and Sri.P.V.Chandrashekar., counsel for respondents 2 and 3 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 03.03.2017 passed by the second respondent in ¸ÀA.PÉ.L.J.r.©/PÉÃA.PÀ/ºÀAaPÉ/13211/18452/2016-17 vide Annexure-A. 3. Counsel Sri.Bharath Kumar.V., in presenting his arguments strenuously urged that KIADB has cancelled the allotment of plot that was allotted to the petitioner without - 3 - NC: 2025:KHC:3240 WP No. 13594 of 2017 hearing him. He argued by saying that before passing the order for cancellation of allotment under Section 34-B(4), an opportunity must be accorded for the petitioner under Section 34-B(2). Counsel therefore, submits that an appropriate order may be passed. Counsel Sri.P.V.Chandrashekar., submits that a detailed statement of objections is filed and the same may be taken note of. Counsel urged several contentions and submits that an appropriate order may be passed. 4. Heard the arguments and perused the Writ papers with care. 5. A perusal of the entire writ papers reveals that before passing an order for cancellation of allotment, 34-B(2) notice is not issued to the petitioner. Hence, this Court deems it proper to quash the order passed by the second respondent at Annexure-A. Accordingly, it is quashed. The petitioner is hereby directed to appear before the Chief Executive Officer, KIADB - second respondent on 18.02.2025 at 3:00 pm., without awaiting further notice. After - 4 - NC: 2025:KHC:3240 WP No. 13594 of 2017 appearance of the petitioner, the authority concerned shall proceed further in the matter in accordance with the law. 6. Resultantly, the Writ Petition is disposed of. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 3 Sl No.: 8