- 1 - NC: 2025:KHC:15131 WP No. 8633 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 8633 OF 2025 (KLR-RES) BETWEEN: 1. GOUTHAM INSTITUTE OF MEDICAL SCIENCES AND TECHNOLOGY 258, 5TH MAIN, 2ND CROSS MANJUNATHA NAGARA, 1ST STAGE W.O.C ROAD, RAJAJINGARA BANGALORE- 560 010. BY ITS GENERAL SECRETARY DR. GIRI A T S S/O LATE THAMMAIAH AGED ABOUT 68 YEARS …PETITIONER (BY SRI. D.R. RAVISHANKAR, SENIOR ADVOCATE FOR SRI. SARAVANA .S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS UNDER SECRETARY REVENUE DEPARTMENT [LAND GRANT-1] DR. B.R. AMBEDKAR VEEDHI BENGALURU-560 001. 2. DEPUTY COMMISSIONER BANGALORE- DISTRICT KANDHYA BHAVAN BANGALORE-560 001. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15131 WP No. 8633 of 2025 3. TAHSILDHAR BANGALORE NORTH KANDHYA BHAVAN BANGALORE-560 001. …RESPONDENTS (BY SRI. V. SHIVA REDDY, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITTUTION OF INDIA, PRAYING TO DECLARE THE IMPUGNED GOVT ORDER NO. RD:231 LGB 2020, DATED 12/03/2025 VIDE ANNEXURE-E, ISSUED BY THE RESPONDENT NOS.1, IS ARBITRARY, AND UNCONSTITUTIONAL AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. An order by which a lease granted in favour of the petitioner has been cancelled, is questioned in this writ petition. 2. In the year 2004, land measuring 6 acres in Sy.No.100 of Dasanapura, Bengaluru North was leased to the petitioner for the purpose of utilizing it for establishing educational institutions. One of the conditions of the lease was that the land should be utilized within a period of two years. The - 3 - NC: 2025:KHC:15131 WP No. 8633 of 2025 Government has proceeded to cancel the grant principally on the ground that this term of the lease has been violated. 3. It is the case of the petitioner that for various reasons the petitioner could not utilize the lands and one of the reasons was that there was opposition from the localites, who prevented the land from being utilized and the petitioner had to settle the disputes locally and the petitioner was also unable to raise funds immediately to utilize the land. 4. Learned Senior counsel thereafter has also filed an affidavit, in which the petitioner has undertaken that it would commence construction work in the leased land within nine months after obtaining requisite approvals and the petitioner would be furnishing the security in the form of a bank guarantee for a sum of Rs.50 lakhs for compliance of the undertaking within a period of four weeks. - 4 - NC: 2025:KHC:15131 WP No. 8633 of 2025 5. In the affidavit, it is also undertaken that, in the event the petitioner is unable to commence the construction within nine months, a further bank guarantee of Rs.50 lakhs would be granted. 6. It is ultimately stated that the petitioner would commence and complete the construction within a period of two and a half years from the date of sanction of the building plan. 7. In my view, since the principal reason for cancellation of the grant was that the petitioner had not started construction within two years, and since the petitioner has now come forward to commence the construction and complete the same within two and a half years and the petitioner is also giving a bank guarantee, the order of cancellation cannot be sustained. Accordingly, it is quashed. 8. The petitioner, as undertaken by it, shall commence construction within nine months and shall also - 5 - NC: 2025:KHC:15131 WP No. 8633 of 2025 furnish a bank guarantee for a sum of Rs.50 lakhs within four weeks from today. 9. If the petitioner does not commence the construction within nine months, he will give a further bank guarantee for a sum of Rs.50 lakhs, as undertaken by him. 10. In the event the petitioner does not complete the construction within a period of two and a half years, the State would be at liberty to encash the bank guarantee for a sum of Rs.1 crore and also resume the land that is granted to the petitioner. 11. This writ petition is accordingly allowed. 12. The petitioner shall file a report of compliance after nine months regarding the commencement of construction, for which purpose the matter would be re-listed on 12.01.2026. - 6 - NC: 2025:KHC:15131 WP No. 8633 of 2025 13. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. SD/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 12