1 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2022 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.9162 OF 2010(GM-KSSIDC) C/W WRIT PETITION NO.16176 OF 2010(GM-KSSIDC) IN W.P.NO.9162/2010: BETWEEN: SRI. K V RAMESH, S/O LATE VENKATAPPA, AGED ABOUT 35 YEARS, R/AT KUNDUR VILLAGE, KITALA NAGAMANGALA POST, UTTRIDURGA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT. ...PETITIONER (BY SRI. DR. PRAJWAL K ARADHYA, ADVOCATE FOR SRI. S KALYAN BASAVARAJ, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF COMMERCE AND INDUSTRIES, M S BUILDING, DR.B R AMBEDKAR VEEDHI, BANGALORE – 560 001. REP BY ITS SECRETARY. 2. KARNATAKA SMALL SCALE INDUSTRIAL DEVELOPMENT BOARD LIMITED, BY ITS MANAGING DIRECTOR, ADMINISTRATIVE BUILDING, INDUSTRIAL ESTATE, RAJAJINAGAR, BANGALORE – 560 044. 3. THE DEPUTY CHIEF MANAGER, KARNATAKA SMALL SCALE INDUSTRIES DEVELOPMENT CORPORATION, INDUSTRIAL ESTATE, B M ROAD, TUMKUR. 2 4. THE DEPUTY COMMISSIONER, D L S A C PRESIDENT, TUMKUR DISTRICT, TUMKUR. 5. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA INDUSTRIAL AREA, DEVELOPMENT BOARD, KUMBALGODU SUB-DIVISION, BANGALORE. 6. SMT. R JYOTHI, W/O SRI. RANGASWAMAIAH, AGED ABOUT 30 YEARS, RESIDENT OF BORALINGANAPALYA, KUNIGAL TALUK, TUMKUR DISTRICT – 572 130. … RESPONDENTS (BY SRI. VINOD KUMAR, AGA FOR R1; SMT. MANJULA N TEJASWI, ADVOCATE FOR R2 & R3; SRI. K KRISHNA, ADVOCATE FOR R5; SRI. ABHINAV R, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ALLOT 62.91 SQ. MTRS OF THE DIFFERENCE LAND FROM & OUT OF THE MARGINAL LAND SITUATED ON THE NORTHERN SIDE OF PLOT NO.15 & TO ALLOT THE REMAINING PORTION OF THE MARGINAL LAND BY COLLECTING THE AMOUNT PAYABLE IN RESPECT THEREOF CONSIDERING THE LETTERS DATED 28.2.02, & 24.1.09 VIDE ANN-K & S. IN W.P.NO.16176/2010: BETWEEN: SRI. K V RAMESH, S/O LATE VENKATAPPA, AGED ABOUT 35 YEARS, R/AT KUNDUR VILLAGE, KITALA NAGAMANGALA POST, UTTRIDURGA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT. ...PETITIONER (BY SRI. DR. PRAJWAL K ARADHYA, ADVOCATE FOR SRI. S KALYAN BASAVARAJ, ADVOCATE) 3 AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, BANGALORE – 560 001. 2. THE DEPUTY COMMISSIONER, AND PRESIDING OFFICER, D L S A C MEETINGS, TUMKUR DISTRICT, TUMKUR. 3. KARNATAKA SMALL SCALE INDUSTRIES DEVELOPMENT CORPORATION LTD.,(KSSIDC) BY ITS MANAGING DIRECTOR, RAJAJINAGAR INDUSTRIAL ESTATE, BANGALORE – 560 044. 4. THE GENERAL MANAGER, KARNATAKA SMALL SCALE INDUSTRIES DEVELOPMENT CORPORATION LTD(KSSIDC) BY ITS MANAGING DIRECTOR, RAJAJINAGAR INDUSTRIAL ESTATE, BANGALORE – 560 044. 5. THE DEPUTY CHIEF MANAGER, KARNATAKA STATE SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD., (KSSIDC), B M ROAD, TUMKUR. … RESPONDENTS (BY SRI. VINOD KUMAR, AGA FOR R1; SMT. MANJULA N TEJASWI, ADVOCATE FOR R2 & R3; SRI. K KRISHNA, ADVOCATE FOR R5; SRI. ABHINAV R, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.04.2010 PASSED BY THE RESPONDENT CORPORATION (ANNEXURE-N) AND ETC., THESE PETITIONS COMING ON FOR ORDERS THIS DAY THROUGH VIDEO CONFERENCE, THE COURT MADE THE FOLLOWING:- 4 ORDER This Court vide order dated 07.12.2021 had granted a peremptory relief that would lead these writ petitions dismissed for non-prosecution. The said order reads as under: “ORDER The application in I.A.No.1/2021 for recalling the order dated 09.08.2021 whereby, the petition was dismissed, is allowed and the said order is recalled and consequently, the petition is restored to the Board subject to petitioner paying Rs.5000/- only to Advocates' Welfare Fund, within two weeks, failing which, the dismissal order shall resurrect itself as phoenix. Learned counsel for respondent Nos.2 & 3 is more than justified in vehemently contending that these matters have been pending since more than a decade and therefore, petitioner should not be permitted to take any more adjournments. Call these matters in the third week of January-2022.” In view of the above order, the payment has not been made to the Advocates Welfare Fund and consequently, the order dated 09.08.2021 whereby the writ petitions were dismissed for non-prosecution revive and further the writ petitions stand accordingly dismissed. Sd/- JUDGE Bsv