- 1 - NC: 2025:KHC:931 WP No. 21037 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 21037 OF 2024 (LA-KIADB) BETWEEN: 1. SMT M R INDRESHREE D/O LATE M. RAMAIAH AGED ABOUT 51 YEA RS NO. 591, 3RD CROSS MAHALAKSHMIPURAM BENGALURU - 560 086. 2. SMT. M R PRABHAVATHI W/O SRI. KRISHNA S AGED ABOUT 63 YEARS R/O NO. 88, KAMADHENU NILAYA JAYANAGAR CO-OPERATIVE HOUSING SOCIETY 4TH STAGE, KANAKA LAYOUT GUBBALAL, BANGALORE - 560 061. 3. SMT. M R GAYATHRI W/O SRI SHANKARANARAYANA AGED ABOUT 57 YEARS 40, 2ND G RAOD 3RD CROSS SURABHI NAGAR JAMBUSAVARI DINNE JP NAGAR, 8TH PHASE BANGALORE SOUTH BANGALORE - 560 076. 4. SMT. M R PADMAVATHI W/O SRI SHANKAR RAJU J S AGED ABOUT 55 YEARS 2ND MAIN, 1ST CROSS Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:931 WP No. 21037 of 2024 ANJANI EXTENSION CHITNAMANI 563 125. …PETITIONERS (BY SRI. NANDA KISHORE.,ADVOCATE) AND: 1. SRI M R SRINIVAS S/O SRI. M RAMAIAH AGED ABOUT 62 YEARS NO. 81, FLAT NO. 402, NANDA DEEPA DOLARS SCHEME LAYOUT NANDINI LAYOUT BENGALURU - 560 096. 2. SRI M R PRAKSH S/O SRI. M. RAMAIAH AGED ABOUT 53 YEARS NO. 591, 3RD CROSS MAHALAKSHMIPURAM BENGALURU - 560 086. 3. SMT. M R HEMAVATHI W/O SRI MANJUNATH AGED ABOUT 59 YEARS RICE MILL BAMBOO BAZAAR ROAD CHINTAMANI - 563 125. 4. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD(KIADB) REPRSENTED BY ITS SECRETARY 49, KHANIJA BHAVAN 4TH AND 5TH FLOOR RACE COURSE ROAD, HIGH GROUNDS SAMPNAGI RAMA NAGAR BENGALURU, KARNATAKA 560 001. 5. STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF INDUSTRIES AND COMMERCE - 3 - NC: 2025:KHC:931 WP No. 21037 of 2024 VIKASA SOUDHA BANGALORE - 560 001. …RESPONDENTS (BY SRI. KEDARESH R.S, ADVOCATE FOR R1, SRI. PRAJITH C., ADVOCATE FOR R2; SRI. ARJUN J.S. ADVOCATE FOR R3; SRI. B.B. PATIL, ADVOCATE FOR R4; SRI. SPOORTHY HEGDE N. HCGP FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE LETTERS/ORDERS DATED 06.04.2024 (ANNEXURE-M) AND POSSESSION CERTIFICATES DATED 22.05.2024 (ANNX-K AND L) ISSUED BY THE RESPONDENT NO.4 AND 5 KIADB IN FAVOUR OF THE R-1 AND 2 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Present petition is by the petitioners seeking quash of Letters/Orders dated 06.04.2024 and Possession Certificate dated 22.05.2024 produced at Annexures-M, K and L respectively issued by the respondent Nos.4 and 5- KIADB in favour of respondent Nos. 1 and 2. 2. Case of the petitioners is that their father Sri.M.Ramaiah had been allotted an industrial plot measuring 5 Acres vide order dated 23.02.2011 and upon - 4 - NC: 2025:KHC:931 WP No. 21037 of 2024 his demise a joint confirmatory letter was issued by the respondent-KIADB acknowledging the petitioners and respondent Nos.1 and 2 to be his legal representatives. There is a suit pending between the petitioners and respondent Nos. 1 and 2 in O.S.No.3945/2016 for partition. That in the meanwhile, the respondent Nos. 1 and 2 without making the petitioners as parties filed a suit in O.S.No.240/2023 and obtained a collusive compromise decree. Based on which they have made representation to the respondent -KIADB who acting upon the same has transferred the industrial plot in their favour which was originally allotted to their father vide Annexure-A, and has also issued possession certificate vide Annexures- K and L. Aggrieved by the same, petitioners are before this Court. 3. Counsel for the respondent -KIADB submits that dispute is a private dispute between the parties interse. Respondent- KIADB has acted pursuant to the documents submitted by the Respondent Nos.1 & 2. That if the petitioners submit such documents establishing their - 5 - NC: 2025:KHC:931 WP No. 21037 of 2024 respective entitlement after resolution of the disputes, the respondent - KIADB would act in accordance with law. 4. Submission is taken on record. 5. Counsel for the petitioners at this juncture submits that the allotment of plot made in terms of the impugned Annexures in favour of Respondent Nos.1 and 2 be made subject to the outcome of the dispute pending between the parties. He further submits liberty be reserved to the petitioners to seek further relief/remedy as may be required after the resolution of pending disputes. 6. Submission is taken on record. 7. Admittedly suits are pending consideration between the petitioner and Respondents 1 and 2. As rightly contended by the Respondent -KIADB the petitioners are at liberty to seek redressal of grievance after determination of their rights in the pending suits. No grounds are made out warranting interference at this juncture. - 6 - NC: 2025:KHC:931 WP No. 21037 of 2024 8. In that view of the matter, following; ORDER (1) Petition is disposed of reserving liberty to the petitioners to seek such relief as may be available under law after resolution of their disputes interse. (2) It is made clear the allotment made in favour of respondent Nos. 1 and 2 by the respondent-KIADB as per Annexures- M, K and L is subject to the outcome of the pending litigation between the parties. Sd/- (M.G.S KAMAL) JUDGE RU, List No.: 1 Sl No.: 28