- 1 - NC: 2025:KHC:8635 WP No. 11843 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 11843 OF 2023 (GM-KIADB) BETWEEN: M/S. ICON DESIGN AUTOMATION PVT. LTD., A COMPANY REGISTERED UNDER THE INDIAN COMPANIES ACT,1956, HAVING ITS REGD. OFFICE AT NO.510, 7TH CROSS, 10TH MAIN, HAL 3RD STAGE, BENGALURU-560075. REP BY ITS MANAGING DIRECTOR, MRS. R VARALAKSHMI, AGED ABOUT 64 YEARS, …PETITIONER (BY SRI. PRASANNA KUMAR C S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRY, MS BUILDING, BENGALURU-560001. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD(KIADB) A GOVERNMENT OF KARNATAKA UNDERTAKING, HAVING ITS OFFICE AT NO.49, 4TH AND 5TH FLOORS, 'EAST WING' KHANIJA BHAVAN, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8635 WP No. 11843 of 2023 RACE COURSE ROAD, BENGALURU-560001. REP BY ITS SECRETARY. 3. 4. 5. THE CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD(KIADB), HAVING ITS OFFICE AT NO.49, 4TH AND 5TH FLOORS, 'EAST WING', KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001. THE JOINT DIRECTOR THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD(KIADB), HAVING ITS OFFICE AT NO.49, 4TH AND 5TH FLOORS, 'EAST WING', KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001. THE ASSISTANT SECRETARY THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD(KIADB), HAVING ITS OFFICE AT NO.49, 4TH AND 5TH FLOORS, 'EAST WING', KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001. …RESPONDENTS (BY SRI.SHAMANTH NAIK., HCGP FOR R1 SRI. M.V. ASHWINI., ADVOCATE FOR SRI. M.V.VEDAMURTHY., ADVOCATE FOR R2 TO R5) - 3 - NC: 2025:KHC:8635 WP No. 11843 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DTD 22.05.2023 VIDE ANNX-A BEARING NO KIADB/HO/ALLOT/20699/4344/2023-24 ISSUED BY JOINT DIRECTOR KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD AND ALSO THE ORDER DTD 12.05.2023 VIDE ANNX-B BEARING NO. KIADB/HO/ALLOT/20699/3893/2023-24 PASSED BY THE CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD FOR RESUMPTION OF LAND OF THE PETITIONER 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 The petitioner is aggrieved of the communication dated 22.05.2023 at Annexure ‘A’ and the order dated 12.05.2023 at Annexure ‘B’, whereby the respondent- KIADB has passed an order resuming the industrial site allotted in favour of the petitioner viz., Plot No.55-P of (Aerospace Sector) Hightech Defence & Aerospace Park, Bangalore. 2. Learned Counsel for the petitioner submits that admittedly a lease deed was executed in favour of the - 4 - NC: 2025:KHC:8635 WP No. 11843 of 2023 petitioner on 17.12.2016 and thereafter a rectification deed was executed on 18.11.2019 in favour of the petitioner. It is therefore contended that going by the date of the rectification deed, if three years is to be counted, it would come to an end on 17.11.2022. However, action has been initiated by the respondents six months prior to the three years that is permissible even in accordance with law. 3. Learned Counsel for the respondent-KIADB submits that having regard to several decisions of this Court, including a case in M/s.Anu Industries Limited Vs. KIADB and Another in W.P.No.2166/2017 dated 12.06.2019, where the provisions contained in Section 34B(2) of the Karnataka Industrial Areas Development Act, was considered by this Court and the matter was remanded for reconsideration at the hands of the competent authority. Learned Counsel would submit that this case also may be disposed of while directing the - 5 - NC: 2025:KHC:8635 WP No. 11843 of 2023 fourth respondent to reconsider the case of the petitioner for extension of time for putting up the industrial shed. 4. Having regard to the submissions made by the learned Counsel for the respondent-KIADB, the writ petition stands disposed of, while setting aside the impugned communication dated 22.05.2023 orders at Annexure ‘A’ and the impugned order dated 12.05.2023 at Annexure ‘B’ while directing the fourth respondent-Joint Director, KIADB, to reconsider the case of the petitioner for extension of time for putting up the industrial shed. The petitioner is permitted to place before the fourth respondent any material information that is required for reconsideration at the hands of the fourth respondent. Ordered accordingly. Sd/- (R DEVDAS) JUDGE JT/- CT: JL