- 1 - HC-KAR NC: 2025:KHC-D:16093 WP No. 106033 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106033 OF 2024 (GM-KIADB) BETWEEN: M/S. SEVEN STAR MOTORS, SRI. BISMILLAH A. SHAIKH, AGE: 41 YEARS, OCC: BUSINESS, R/O: 2/1635, SUBHAS NAGAR, DANDELI (RURAL), DANDELI, DIST: UTTAR KANNADA-581325. …PETITIONER (BY SRI. SHIVASAI M. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF COMMERCE AND INDUSTRIES, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE COMMISSIONER AND DIRECTOR, OFFICE OF THE COMMISSIONER FOR INDUSTRIAL DEVELOPMENT AND DIRECTOR OF INDUSTRIES AND COMMERCE NO. 49, 2ND FLOOR, KHANIJA BHAVAN, RACE COURSE, BENGALURU-560001. 3. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD 4TH AND 5TH FLOOR, EAST WING, KANIJA BHAVAN RACE COURSE ROAD, BANGALORE KARNATAKA-560001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER. 4. DIRECTORATE OF MICRO SMALL AND MEDIUM ENTERPRISES, GOVERNMENT OF KARNATAKA NO. 49, SOUTH BLOCK, KHANIJA BHAVAN, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16093 WP No. 106033 of 2024 RACE COURSE ROAD, BENGALURU-560 001 REPRESENTED BY ITS MANAGING DIRECTOR. 5. THE DEPUTY COMMISSIONER, UTTAR KANNADA DC OFFICE, DIST. UTTAR KANNADA KARWAR-581301. 6. THE JOINT DIRECTOR, DISTRICT INDUSTRIAL CENTRE, UTTAR KANNADA, SHIRWAD, KARWAR-581301 DIST: UTTAR KANNADA 7. THE TAHSILDAR, DANDELI TQ. DANDELI, DIST. UTTAR KANNADA-581325 8. THE EXECUTIVE ENGINEER AND ASSISTANT SECRETARY, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, DIVISIONAL OFFICE, PUNE BANGALORE ROAD LAKKAMMANAHALLI, INDUSTRIAL AREA, DHARWAD- 580004 …RESPONDENTS (BY SRI.SHASHANK HEGDE, ADVOCATE FOR R3 AND R8; SRI. T. HANUMAREDDY, AGA FOR R1, R2, R4, R5 R6 AND R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: I) ISSUE A WRIT OF CERTIORARI OR ANY OTHER DIRECTION BY QUASHING THE IMPUGNED LETTER BEARING NO. KA. KAI. PRA. A. MO./ DHARWAD/SA. KAA./ 1260/2024-25 DATED. 03-09-2024 ISSUED BY RESPONDENT NO. 8 VIDE ANNEXURE-N. II) ISSUE A WRIT OR ANY OTHER NATURE OF WRIT OR ORDER OR DIRECTION AND GRANT SUCH OTHER RELIEF IN FAVOUR OF THE PETITIONER AS DEEM FIT IN THE CIRCUMSTANCES OF THE CASE IN THE ENDS OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16093 WP No. 106033 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking for the following prayer: “A. Issue a writ of certiorari or any other direction by quashing the impugned letter bearing No. Ka. Kai. Pra. A. Mo./ Dharwad/Sa. Kaa./ 1260/2024-25 dated. 03-09- 2024 issued by Respondent No. 8 vide Annexure-N. B. Issue a Writ or any other nature of Writ or order or direction and grant such other relief in favour of the Petitioner as deem fit in the circumstances of the case in the ends of justice and equity.” 2. The respondent-Board issues a notification on 22.01.2021 calling for applications from interested persons for allotment of particular plots in Ambewadi Auto Industrial Area at Ambewadi Village, (Dandeli) Haliyal Taluka. The petitioner being interested applies pursuant to the said notification. Along with the application, the petitioner also furnished necessary Earnest Money Deposit (EMD) for allotment of the plot. 3. Pursuant to the assessment and scrutiny of the application by the Board, the petitioner was called for an interview by the 3rd respondent on 22.03.2021. The petitioner again, after participating in the interview did not hear from the respondents for about three years. All of a sudden, on - 4 - HC-KAR NC: 2025:KHC-D:16093 WP No. 106033 of 2024 21.06.2024, the 3rd respondent is said to have issued a notification now calling for applications from eligible persons for allotment of those very places which now by submission of an application through online. The petitioner by reference to the Executive Engineer of the sub-division Dharwad along with various applicants contending that they have already applied physically as was sought for earlier and also applied online. 4. Plethora of representations to every table of the Board did not yield any result. Later on the 3rd respondent communicates to the petitioner directing them to take back the EMD amount that was paid to the Board, holding that all the allotments would stand cancelled and new allotments only through online will be done on account of lack of transparency. It is this that is called in question in the subject petition. 5. The learned counsel appearing for the petitioner Sri.Shivasai M Patil submits that the petitioner in terms of what was sought for had submitted his application both physically and through electronic mail or online. This is undisputed fact as the online application is appended to the petition. He would submit that having received the amount from the hands of the petitioner - 5 - HC-KAR NC: 2025:KHC-D:16093 WP No. 106033 of 2024 and being called for interview certain right gets accrued in favour of the petitioner. Therefore, the Board could not have revealed up the same by directing that the allotment would be cancelled and EMD to be refunded. 6. Per contra, counsel for the respondent Sri.Shashank Hegde would vehemently refute the submission contending that the cancellation comes about on account of lack of transparency as indiscriminately the application are entertained and amount is received. Therefore, the Board on a scrutiny of the papers found that the entire allotment process should be cancelled. It is therefore the petitioner was asked to take back the EMD amount. The learned counsel submits that no right of the petitioner is taken away by the acts of the respondents. 7. I have given my anxious consideration to the afore- narrated facts, the submissions made by both the learned counsel and perused the materials on record. 8. The issue lies in a narrow compass. The factum of the notification, the petitioner applying, the EMD payment, and the scrutiny of the application of the petitioner, leading to an - 6 - HC-KAR NC: 2025:KHC-D:16093 WP No. 106033 of 2024 interview, all are a matter of record. Three years pass by, nothing is communicated to the petitioner and now as a bolt from the blue the impugned action is taken. In the light of the circumstance that the petitioner had paid the EMD amount and were ready and willing to pay the entire amount, the applications could not have been turned down solely on the score that the petitioner has not applied online. At the relevant point in time, what was the procedure that admittedly has been followed. Even otherwise most of the applicants have also filed their applications online. If both offline and online applications of this petitioner is found, it is understandable as to how the fresh applications could be called and thsi petitioner be directed to take the EMD amount back. 9. In the light of the said circumstance of the petitioner filing an application online as well, other than offline and the transparency being spoken only for the reason that no online applications are preferred, the matter requires reconsideration at the hands of the respondents. 10. In that light, the petition deserves to succeed albeit in part. For the following reasons, the following: - 7 - HC-KAR NC: 2025:KHC-D:16093 WP No. 106033 of 2024 ORDER i. The petition is allowed in part. ii. The impugned endorsement dated 03.09.2024 issued by respondent No.8 vide Annexure-N stands quashed. iii. The matter is remitted back to the hands of the Board-.respondents No.6 and 8 to reconsider the application / cases of the petitioner in accordance with law, bearing in mind the observations made in the course of the order. iv. All other contentions that are urged in the subject petition shall remain open to be urged in the event of need by these petitioner at a later point in time before this Court. v. Learned counsel Sri.Shashank Hegde accepts notice on behalf of respondent Nos.3 and 8. vi. Learned AGA accepts notice on behalf of the respondent-State. vii. In the light of the disposal of these petitions, the pending applications also stand disposed. Sd/- (M.NAGAPRASANNA) JUDGE VNP / CT: ANB List No.: 1 Sl No.: 5