M/S. SRI VIHAN ENTERPRISE v. THE STATE OF KARNATAKA
WP/25210/2025 · 2025-09-09
B M Shyam Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51123 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51123 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:35477 WP No. 25210 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 25210 OF 2025 (GM-KIADB)
BETWEEN:
M/S. SRI VIHAN ENTERPRISE ARAKERE COLONY, RAJANKUNTE HESARAGHATTA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL-561203
REPRESENTED BY ITS PROPRIETORIX, SMT.SHILPA.A AGED ABOUT 36 YEARS, D/O ANJENEYA R/AT NO.92, 7TH MAIN ROAD, R.G.I COLONY, SRIRAMPURA, BENGALURU-560021
&PETITIONER (BY SRI. UDAY K S., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE & INDUSTRIES, VIKASA SOUDHA, DR. AMBEDKAR ROAD, BANGALORE - 560 001,
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:35477 WP No. 25210 of 2025
REPRESENTED BY ITS PRINCIPAL SECRETARY.
2.
THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT NO. 49, 4TH FLOOR, KHANIJA BHAVANA, BENGALURU 560001, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER & EXECUTIVE MEMBER.
3.
THE JOINT DIRECTOR INDUSTRIES AND COMMERCE DEPARTMENT, D.C. OFFICE BUILDING, BANGALORE RURAL, DEVANAHALLI, DODDABALAPURA MAIN ROAD, BANGALORE RURAL - 562110
4.
ASSISTANT SECRETARY - 5 KARNATAKA INDUSTRIAL AREAS DEVELOPMENT NO. 49, 4TH FLOOR, KHANIJA BHAVANA, BENGALURU 560001, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER & EXECUTIVE MEMBER.
&RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA FOR R1 AND R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ORDER/S OR DIRECTION OF SIMILAR NATURE DIRECTING THE RESPONDENTS TO CONSIDER THE APPLICATION FILED PETITIONER VIDE ANNEXURE D2 DATED 20- 03-2024 IN PURSUANCE OF THE ORDER OF THIS HON'BLE COURT IN W.P.NO.2722/2025(GM-KIADB) VIDE ORDER DATE 06/02/2025 FOR ALLOTMENT OF INDUSTRIAL PLOT AT ANNEXURE-F.
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HC-KAR NC: 2025:KHC:35477 WP No. 25210 of 2025
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner has the advantage of an order for allotment of an industrial plot by M/s. Karnataka Industrial Areas Development [M/s. KIADB] and the petitioner seeks direction for allotment of a plot in an alternative industrial area as is directed by this Court in W.P.No.33206/2024 decided on
09.12.2024. Mr. Vasanth, the learned counsel for M/s. KIADB and its officers [the second and fourth respondents], submits that indeed the petition could be disposed of directing M/s. KIADB to communicate the decision on the allotment of a plot at ITIR, Devanahalli, General Industrial Area, Devanahalli Taluk, Bengaluru Rural District because of the decision in the afore case.
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HC-KAR NC: 2025:KHC:35477 WP No. 25210 of 2025
The petition must be disposed of if there is consensus, but this Court must direct the second respondent [M/s.KIADB] to ensure that a decision is taken and communicated at the earliest without giving room for another round of litigation, Hence, the following:
ORDER [A] The petition is allowed directing the second respondent [M/s.KIADB] to communicate to the petitioner its decision on allotting a plot to the petitioner at ITIR, Devanahalli, General Industrial Area, Devanahalli Taluk, Bengaluru Rural District within a period of three [3] months from the date of receipt of a certified copy of this order on terms as are stipulated in W.P.No.33206/2024.
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HC-KAR NC: 2025:KHC:35477 WP No. 25210 of 2025
[B] The petitioner is reserved with liberty to file a copy of this order with the second respondent within four [4] weeks from the date of receipt of a certified copy of this order.
SD/- (B M SHYAM PRASAD) JUDGE
RB