- 1 - NC: 2025:KHC:3900 WP No. 54199 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 54199 OF 2017 (GM-KIADB) BETWEEN: M/S. SUNRISE METAL FINISHERS, 125, C.V.INDUSTRIAL AREA, PANTHARAPALYA, MYSORE ROAD, BANGALORE-39. ALSO AT PLOT NO.266-A3, HAROHALLI, 2ND PHASE, KIADB INDUSTRIAL AREA, KANAKAPURA HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT. BY ITS PROPRIETOR: S.P.KRISHNAPPA, …PETITIONER (BY SRI. M.R.VIJAYA KUMAR., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE-01. 2. THE MANAGING DIRECTOR, KIADB, NO.49, 4TH & 5TH FLOOR, EAST WING, KANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-1. 3. SECRETARY -2, KIADB, NO.49, 4TH & 5TH FLOOR, EAST WING, KANIJA BHAVAN, Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:3900 WP No. 54199 of 2017 RACE COURSE ROAD, BENGALURU-1. …RESPONDENTS (BY SRI. SRINIVAS., HCGP FOR R1; SRI. B.B.PATIL., ADVOCATE FOR C/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 PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.M.R.Vijaya Kumar., counsel for the petitioner has appeared through video conferencing. Sri.Srinivas., HCGP for respondent No.1 and Sri.B.B.Patil., 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 01.09.2017 passed by the second respondent in ¸ÀA.PÉ.L.J.r.©/PÉÃA.PÀ/ºÀAaPÉ/19062/9625/2017-18 vide Annexure-J. 3. Counsel Sri.M.R.Vijaya Kumar., in presenting his arguments strenuously urged that KIADB has cancelled the allotment of plot that was allotted to the petitioner without hearing it. He argued by saying that before passing the order - 3 - NC: 2025:KHC:3900 WP No. 54199 of 2017 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.B.B.Patil., 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. The Writ of Certiorari is ordered. The order dated 01.09.2017 passed by the second respondent in ¸ÀA.PÉ.L.J.r.©/PÉÃA.PÀ/ºÀAaPÉ/19062/9625/2017-18 vide Annexure-J is quashed. The petitioner is hereby directed to appear before the KIADB on 18.02.2025 at 3:00 pm., without awaiting further notice. After appearance of the petitioner, the authority - 4 - NC: 2025:KHC:3900 WP No. 54199 of 2017 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.: 2 Sl No.: 17