- 1 - NC: 2025:KHC:3221 WP No. 6136 of 2020 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. 6136 OF 2020 (GM-KIADB) BETWEEN: M/S. R.G.PACKING SOLUTIONS, OPPOSITE JUNIOR COLLEGE, ADARSHA NAGAR, HOSRU MAIN ROAD, MALUR, KOLAR DISTRICT-563 130. REPRESENTED BY ITS PROPRIETOR. RAME GOWDA.G.E., S/O ERIYAPPA, AGED ABOUT 48 YEARS, R/AT ADARSHA NAGAR, HOSUR MAIN ROAD, MALUR, KOLAR DISTRICT-563 130. …PETITIONER (BY SHRIHARI.K., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE, REPRESENTED BY ITS SECRETARY, VIKASA SOUDHA, DR B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE COMMISSIONER, INDUSTRIAL DEVELOPMENT AND DIRECTOR OF INDUSTRIES AND COMMERCE, OFFICE OF THE COMMISSIONER FOR INDUSTRIAL DEVELOPMENT AND DIRECTOR OF INDUSTRIES AND COMMERCE, NO.49, 2ND FLOOR, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001. Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3221 WP No. 6136 of 2020 3. CHIEF EXECUTIVE OFFICER, KARNATAKA INDUSTRIAL DEVELOPMENT BOARD, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI. SRINIVAS KUMAR.M., HCGP FOR R1 & 2; SRI. SANJAY., ADVOCATE FOR SRI. B.B.PATIL., ADVOCATE FOR R3;) 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.Shrihari.K., counsel for the petitioner has appeared in person, Sri.Srinivas Kumar., HCGP for respondents 1 & 2 and Sri.Sanjay., counsel on behalf of Sri.B.B.Patil., for respondent No.3 have appeared in person. 2. The short facts are these: The petitioner made an application to the KIADB for allotment of a site for the establishment of a factory to Stretch Air Bubble/ Multilayer film Taps paper Tubes. The KIADB on 04.05.2019, allotted 5 Acres of land by fixing tentative premium at Rs.1,05,00,000/- per acre. The petitioner sought - 3 - NC: 2025:KHC:3221 WP No. 6136 of 2020 extension of the time for the payment of the premium. The same was accorded by the KIADB. As the matter stood thus, the petitioner came to know that the market value of the land in Malur 3rd Phase was less than Rs.1,05,00,000/-. Hence, it was compelled to make an application under RTI seeking information about the market value of the lands in Malur 3rd Phase. Accordingly, the KIADB furnished the information on 03.03.2020 stating that the market value of the land per acre in Malur 1st, 2nd and 3rd Phase as of 13.03.2012 to 12.07.2019 was Rs.69,00,000/- per acre. Therefore, the petitioner made oral request to the KIADB to reduce the price of the land. The same was not accorded by the KIADB. Hence, the petitioner is before this Court seeking appropriate reliefs. 3. Counsel appearing for the KIADB submits that a detailed statement of objections is filed and the same may be taken note of. Counsel drew the attention of the Court to Annexure-R6 to contend that the Board has power to fix the market price of the land as far as resumption of the land is concerned. He argued by saying that the land that has been - 4 - NC: 2025:KHC:3221 WP No. 6136 of 2020 allotted to the petitioner is a resumption land. Hence, the fixation of the price as far as petitioner's land at Rs.1,05,00,000/- is just and proper. Counsel placed reliance on the decision in M/S. HINDUSTAN GASES Vs. KIADB AND M/S.J.J.GRANITES Vs. KIADB - W.P.NO.30268/2010 C/W. W.P.NO.30271/2010 disposed of on 22.07.2015. By way of reply, Sri.Shrihari.K., counsel for the petitioner submits that he do not dispute the power of the Board regarding fixation of the market price as far as the resumption land is concerned. 4. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 5. Suffice it to note that the petitioner sought for the allotment of a site for the establishment of a factory. It is not in dispute that the KIADB vide allotment letter dated 04.05.2019 allotted 5 Acres of land by fixing the tentative Premium at Rs.1,05,00,000/-. The dispute is only with regard to the fixation of the price of land per acre situated in Malur 3rd Phase. The allotment letter is furnished along with the Writ Petition - 5 - NC: 2025:KHC:3221 WP No. 6136 of 2020 and the same is marked as Annexure-A. A careful perusal of the same would reflect that the KIADB has fixed the price of the land at Rs.1,05,00,000/-. However, a perusal of Annexure- K, the information that has been furnished by the KIADB about the price of the land per acre in Malur 1st, 2nd and 3rd Phase would reflect that the as of the date of allotment letter, the price fixed per acre was Rs.69,00,000/-. A perusal of the statement of objections also reflect that the respondent has not disputed the same. Hence, there is no base for the KIADB to fix the land price per acre at Rs.1,05,00,000/-. Therefore, fixing the price of the land at Rs.1,05,00,000/- per acre cannot be sustained. 6. The Writ of Certiorari is ordered. The fixation of tentative premium amount at the rate of Rs.1,05,00,000/- per acre as held in allotment letter dated 04.05.2019 bearing No.KIADB/HO/ALLOT/22406/1372/2019-20 issued by the Chief Executive Officer vide Annexure-A is quashed. A Mandamus is ordered directing the respondents to receive the tentative premium amount at the rate of Rs.69,00,000/- per acre. - 6 - NC: 2025:KHC:3221 WP No. 6136 of 2020 7. Resultantly, the Writ Petition is allowed. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 16