- 1 - NC: 2025:KHC:17514 WP No. 10652 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 10652 OF 2025 (LA-KIADB) BETWEEN: M/S. VAISHANVI ENTERPRISES, A PROPRIETORSHIP FIRM, HAVING ITS OFFICE AT 85K, K. NARAYANAPURA MAIN ROAD, OPP. GOVT SCHOOL, KOTHANUR POST, BANGALORE - 560 056, REP. BY ITS PROPRIETOR SRI KESHAVA MURTHY K.C., S/O LATE CHIKKAPUTTAPPA, AGED ABOUT 49 YEARS. …PETITIONER (BY SRI H.R. ANANTHA KRISHNAMURTHY, ADVOCATE) AND: 1. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO. 49, 4TH AND 5TH FLOORS, 'EAST WING', KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU - 560 001. REP. BY ITS JOINT DIRECTOR. 2. THE ADDL. LAND ACQUISITION OFFICER MYSURU ZONAL OFFICE KIADB, BHARAT SCOTS AND GUIDING BUILDING, PALACE ROAD, BENGALURU - 560 001. 3. STATE OF KARNATAKA, REP. BY ITS SECRETARY, INDUSTRIES OF COMMERCE, VIKASA SOUDHA, AMBEDKAR VEEDHI, BENGALURU - 560 001. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17514 WP No. 10652 of 2025 4. UDYOGA MITRA, REP. BY ITS MANAGING DIRECTOR, 3RD FLOOR, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI H.L. PRADEEP KUMAR, ADVOCATE FOR R1 AND R2; SMT.SPOORTHY HEGDE N., HCGP FOR R3; SMT.SUKRUTA R., ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO ALLOT THE LAND EITHER IN PLOT BEARING NOS. R18, R17, R14, AM-3, AM-4, 8P-4, 8P-5, RCC 10, 9, 16, 16A, H-A-43, H-A-44, H-A-16P WHICH HAS BEEN CANCELLED OR AS PER THE FRESH NOTIFICATION ISSUED UNDER Annexure-K DATED 27/09/24 BEARING NO. KIADB/HO/ALLOT 11402/2024-25. AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned counsel for the petitioner submits that the petitioner's proprietary concern had filed an application on 11.07.2019. This is pursuant to the notification dated 15.06.2019 at Annexure-A inviting applications for allotment of amenity plots in the industrial areas developed by the KIADB. In the 64th Land Audit Committee, it was decided to allot 2 acres of land to the petitioner in the Adakanahalli Industrial - 3 - NC: 2025:KHC:17514 WP No. 10652 of 2025 Area, Mysore District, among the plots reserved for SC/ST entrepreneurs. Further, in the 117th SLSWCC meeting held on 03.10.2019, it was decided that since the land sought for by the petitioner was not available, the decision for allotment in favour of the petitioner was deferred. However, it is pointed out from Annexure-F that 5 acres of land were allotted in favour of M/s. Siddhartha Vihar Trust. No decision was taken in respect of the application filed by the petitioner. However, in terms of Annexure-K, a notification published on 27.09.2024, applications have been invited for allotment of such amenity plots in Bangalore Urban District where 12.19 acres of land have been reserved for SC/ST category entrepreneurs at Badigodigehalli Village, near Hitech Defence & Aerospace Park Phase-1. Learned counsel submits that unless the application filed by the petitioner is considered and allotment is made, the respondents could not have published the notification inviting an application for the allotment of amenity plots. 2. Learned counsel for respondents were directed to secure instructions as to why no allotment was made in favour of the petitioner, although the application was filed in the year 2019. Today, learned counsel for respondent - KIADB as well as - 4 - NC: 2025:KHC:17514 WP No. 10652 of 2025 the learned counsel for respondent - Udyoga Mitra submit that the State Level Single Window Clearance Committee in its 107th meeting held on 03.10.2019 discussed the project details and noted that the land has already been allotted in the Gamanagatti Industrial Area, Dharwad District to other companies for establishment of warehouse and logistic facilities. It was therefore decided to obtain viability report on the requirement of additional warehouse and logistic facilities in the said area from the project proponent, to discuss the subject in the next meeting. The learned counsel for respondent - Udyoga Mitra submits that thereafter the petitioner has not come back with any information and therefore, no decision was taken. 3. In the considered opinion of this Court, the decision taken by the State Level Single Window Clearance Committee, calling upon the project proponent to say regarding the viability, may not be appropriate. Such information was required to be obtained from the respondent - Karnataka Industrial Areas Development Board and not the project proponent. Nevertheless, since it is admitted that the petitioner had filed the application in the year 2019 and nothing more has - 5 - NC: 2025:KHC:17514 WP No. 10652 of 2025 been done till date, the writ petition stands disposed of with a specific direction to respondent No.4- Karnataka Udyoga Mitra to take up the application of the petitioner, place it before the State Level Single Window Clearance Committee for reconsideration of allotment of the site as requested by the petitioner. 4. If the petitioner is entitled for allotment of 5 acres of land at site No.AM-4-A, Hi-tech Defence and Aerospace Park (Hardware Sector), the respondents may consider the same. If that is not possible, any alternative site can be allotted to the petitioner in accordance with law. 5. The entire exercise shall be completed as expeditiously as possible and at any rate within a period of four weeks from the date of receipt of a copy of this order. Sd/- (R DEVDAS) JUDGE CPN List No.: 1 Sl No.: 22 CT: BHK