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2025 DAILYLAW 22904 (KAR)

M/S SHRAVAN ENTERPRISES v. KARNATAKA INDUSTRIAL

WP/10783/2025 · 2025-04-28

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:17513 WP No. 10783 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. 10783 OF 2025 (LA-KIADB) BETWEEN: M/S. SHRAVAN 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, K.R.S. ROAD, MYSURU - 570 016. 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:17513 WP No. 10783 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 6 ACRES OF LAND AS SOUGHT FOR IN THE AREA AVAILABLE IN THE NOTIFICATION DATED 07.08.2024 VIDE ANNEXURE-D 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 13.07.2019. This is pursuant to the notification dated 15.06.2019 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 Area, Mysore District, among the plots reserved for SC/ST entrepreneurs. Further, in the 117th SLSWCC - 3 - NC: 2025:KHC:17513 WP No. 10783 of 2025 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. 2. On 14.06.2016, the Board of KIADB decided to reserve 5.35 acres of land in survey Nos. 256/1, 256/5 and 143(P) of Hebbal Village, Hebbal Industrial Area, Mysuru, and 28 acres of land in Block Nos.116(P) and 115(P2) of Kelegeri Village, Kelegeri Industrial Area, Dharwad for SC/ST entrepreneurs. However, no allotment has been made in favour of the petitioner and no decision was taken in respect of the application filed by the petitioner, despite the petitioner giving representations to the respondent-KIADB on 20.04.2021 and 19.08.2024 at Annexures-K and M respectively. 3. In terms of Annexure-D, a notification published on 07.08.2024, applications have been invited for allotment of such amenity plots where 17.76 acres of land have been reserved for SC/ST category entrepreneurs. Learned counsel submits that unless the application filed - 4 - NC: 2025:KHC:17513 WP No. 10783 of 2025 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. 4. Learned Counsel for the 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. 5. Today, learned Counsel for the respondent-KIADB as well as the learned Counsel for the respondent- Karnataka Udyoga Mitra submitted on instructions that the application filed by the petitioner will be considered in the next meeting of the State Level Single Window Clearance Committee. 6. Accordingly, the Writ Petition stands disposed of with a direction to the respondent-Karnataka Udyoga Mitra, to take up the application of the petitioner, place it before the State Level Single Window Clearance Committee for reconsideration of the allotment of the site, as requested by the petitioner. - 5 - NC: 2025:KHC:17513 WP No. 10783 of 2025 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.: 23 CT: BHK