- 1 - NC: 2025:KHC:3007 WP No. 5131 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 5131 OF 2021 (GM-KIADB) BETWEEN: M/S BENCORUNDUM CERAMIC, PLOT NO. 18-A3, AND 18-A, DODDANEKKUNDI INDUSTRIAL AREA, WHITEFIELD ROAD, BENGALURU - 560 048, BY ITS PROPRIETOR MR M.V.KHAN, REPRESENTED HIS GENERAL POWER OF ATTORNEY HOLDER, M S KHAN, S/O.LATE JHAMID KHAN AGED ABOUT 68 YEARS R/O NO.G-10, GEETHANJALI APARTMENTS, HAL III STAGE BENGALURU - 560 075. …PETITIONER (BY SRI.SAMARTH SHREEDHAR., ADVOCATE) AND: KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, REPRESENTD BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, 'EAST WING', KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU - 560 001. …RESPONDENT (BY SRI.H.L.PRADEEP KUMAR., ADVOCATE) Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:3007 WP No. 5131 of 2021 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Samarth Shreedhar., counsel for the petitioner and Sri.H.L.Pradeep Kumar., counsel for the respondent have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 12.02.2021 passed by the respondent in DzÉñÀ ¸ÀA.: PÀ.PÉÊ.¥Àæ.ªÀÄA/PÉÃA.PÀ/ºÀAaPÉ/2336/12769/2020-21 vide Annexure-A. 3. Counsel for the petitioner submits that the issue in the lis stands covered by an order passed by the coordinate bench of this Court in W.P.No.46678/2017 disposed of on 21.06.2022. Counsel Sri.H.L.Pradeep Kumar., for the respondent on instructions and verification of the records would submit that the notice in terms of Section 34B(2) of the Karnataka Industrial Areas Development Act, 1966 was not - 3 - NC: 2025:KHC:3007 WP No. 5131 of 2021 issued to the petitioner. Hence, he submits that an appropriate order may be passed. 4. Because of non issue of notice in terms of Section 34B(2) of the Karnataka Industrial Areas Development Act, 1966. This Court deems it proper to quash Annexure-A. Accordingly, the impugned order at Annexure-A is quashed. The respondent - KIADB is reserved liberty to proceed from the stage of Section 34B(1) and in accordance with the law, after hearing the petitioner. All the contentions of the parties are kept open. 5. Resultantly, the Writ Petition is disposed of. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 3 Sl No.: 21