- 1 - HC-KAR NC: 2025:KHC:27644 WP No. 21555 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 21555 OF 2025 (GM-KIADB) BETWEEN: 1. M/S SANTHOSH INDUSTRIES NO. 57, OBADENAHALLI, SHIVAPURA POST, DODDABALLAPRUA, BANGALORE RURAL DISTRICT 561203. REPRESENTED BY ITS PROPRIETOR, SANTHOSH KUMAR, AGED ABOUT 24 YEARS, S/O THIMMAIAH (PROPRIETORSHIP CONCERNED) …PETITIONER (BY SRI. SHARAN N. MAJAGE., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, DR AMBEDKAR ROAD, BANGALORE 560 001 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 AND EXECUTIVE. Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27644 WP No. 21555 of 2025 3. THE JOINT DIRECTOR KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, 4TH AND 5TH FLOOR, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU 560001. 4. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT, JILLADALITA BHAVANA, BEERASANDRA, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT 562 110. 5. DISTRICT LEVEL SINGLE WINDOW CLEARANCE COMMITTEE DEPARTMENT OF COMMERCE AND INDUSTRIES, NO. 203, 2ND FLOOR, DISTRICT ADMINISTRATION BUILDING, BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, DODDABALLAPURA MAIN ROAD, BENGALURU RURAL DISTRICT 562110, REPRESENTED BY ITS JOINT DIRECTOR. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1, R4 & R5; SRI. DILDHAR SHIRALLI, ADVOCATE FOR R2 & R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A DIRECTION TO THE RESPONDENT NO.2 AND 3 TO ALLOT 1 ACRE OF LAND IN ITIR PARK, DEVANAHALLI GENERAL INDUSTRIAL AREA, IN FURTHERANCE OF THE APPROVAL ORDER DATED 15.03.2024 BEARING NO. JIKAIKE/BENG.GRAM/DLSWCC/D-271/2023-24 ISSUED BY DISTRICT INDUSTRIES CENTRE, BANGALORE RURAL DISTRICT VIDE ANNEXURE-E. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 3 - HC-KAR NC: 2025:KHC:27644 WP No. 21555 of 2025 ORAL ORDER The proprietor of the petitioner - Enterprise belongs to Scheduled Caste. He had approached District Level Single Window Clearance Committee (for short 'DLSWCC') with a proposal, which proposal it is stated had been considered in the proceedings of the committee of the DLSWCC and an extent of 0.50 acre was resolved for allotment. It is submitted that the proposed approval for the project was under the Warehouse Storage Scheme at ITIR, Devanahalli General Industrial Area, Devanahalli Taluk, Bangalore Rural District. Pursuant to the said decision on 15.03.2024 as per Annexure-E, it is submitted that till date despite several representations, no action was taken. 2. This Court in similar factual matrix had passed an order on 18.07.2025 in W.P.No.14416/2025 and connected matters. The order passed in W.P.No.14416/2025 reads as follows: - 4 - HC-KAR NC: 2025:KHC:27644 WP No. 21555 of 2025 "Petitioners in all these petitions are MSME and its proprietors belong to Scheduled Caste. They had approached District Level Single Window Clearance Committee (for short 'DLSWCC') with a proposal, which proposal it is stated had been considered in the proceedings of the committee of the DLSWCC and an extent of 1 acre was resolved for allotment. It is submitted that the proposed approval for the project was under the Warehouse Storage Scheme at ITIR, Devanahalli General Industrial Area, Devanahalli Taluk, Bangalore Rural District. Pursuant to the said decision on 12.03.2024, it is submitted that till date despite several representations, no action was taken. 2. It is further submitted that the petitioners had approached this Court on previous occasion in the following proceedings: Sl. No. Writ Petition Number Petitioner Name DLSWCC Approval OrderDetails Details of Previous Writ Petition Filed 1. WP 5183 / 2025 M/S Venkata Lakshmi Industries ANNEXURE – E Dated: 12.03.2024 Page No: [48 - 50] WP. No. 21196 / 2024 Order dated 07.08.2024 ANNEXURE K Pages: [61 - 63] 2. WP 5921 / 2025 M/S Siddaraju Enterprises ANNEXURE – D Dated: 12.03.2024 WP. No. 21171 / 2024 Order dated - 5 - HC-KAR NC: 2025:KHC:27644 WP No. 21555 of 2025 Page No: [59 - 61] 07.08.2024 ANNEXURE K Pages: [73 - 75] 3. WP 5016 / 2025 M/S Sanjana Infra. ANNEXURE – E Dated: 12.03.2024 Page No: [57 - 59] WP. No. 20969 / 2024 Order dated 07.08.2024 ANNEXURE L Pages: [71 - 73] 4. WP 5018 / 2025 M/S Future Fabtech ANNEXURE – E Dated: 12.03.2024 Page No: [52 - 54] WP. No. 21244 / 2024 Order dated 07.08.2024 ANNEXURE K Pages: [66 - 68] 5. WP 5415 / 2025 M/S Infra Fabtech ANNEXURE – E Dated: 12.03.2024 Page No: [56 - 58] WP. No. 21246 / 2024 Order dated 07.08.2024 ANNEXURE K Pages: [71 - 73] 6. WP 2893 / 2025 M/S Vishal Foods ANNEXURE – D Dated: 11.03.2024 Page No: [69 - 70] WP. No. 20984 / 2024 Order dated 05.08.2024 ANNEXURE K Pages: [83 - 85] 7. WP 5138 / 2025 M/S Sri Infrastructures ANNEXURE – E Dated: 12.03.2024 Page No: [52 - 53] WP. No. 21503 / 2024 Order dated 08.08.2024 - 6 - HC-KAR NC: 2025:KHC:27644 WP No. 21555 of 2025 8. WP 5313 / 2025 M/S Uday Infrastructures ANNEXURE – E Dated: 12.03.2024 Page No: [76 - 78] WP. No. 21226 / 2024 Order dated 07.08.2024 ANNEXURE K Pages: [88 - 90] 9. WP 14416/2025 M/s Shree Shyam Infra Annexure-D Dated: 12.03.2024 Page No. [53-54] W.P. 21213/2024 Order dated 07.08.2024 ANNEXURE-K Pages [66-69] 3. It is stated that this Court had disposed off the writ petitions with a direction to the respondent - Karnataka Industrial Areas Development Board (KIADB) to consider the recommendation made by the DLSWCC in favour of the petitioners and subject to availability of land and petitioners' compliance with other legal requirements, the respondent - KIADB was directed to issue land allotment letters for the respective plots as specified in the interim orders. It is further submitted that the petitioners are entitled for priority in terms of the notification of the Government of Karnataka dated 29.01.2021. It is the case of the petitioners that despite several representations and orders passed by this Court, no action has been taken by the KIADB to make allotments. - 7 - HC-KAR NC: 2025:KHC:27644 WP No. 21555 of 2025 4. Sri. Dildar Shiralli, learned counsel appearing for the KIADB would submit that statement of objections have been filed in few of the matters in the present batch of writ petitions and the stand taken in the statement of objections is more or less a common stand with respect to all the writ petitions. It is further submitted that there is no land as of now available in ITIR, Devanahalli General Industrial Area. 5. Learned counsel appearing for the petitioners during the course of arguments had drawn attention to the Layout of the KIADB at Adinarayana Hosahalli Phase-2. and submits that the said industrial layout is adjacent to that of Devanahalli General Industrial Area layout and the case of the petitioners may be considered as regards the said industrial layout. 6. Learned counsel for the respondent - KIADB submits that if the Court were to direct, the same would be considered in accordance with law as regards the request of the petitioners for allotment of sites in Adinarayana Hosahalli Industrial Layout. He further submits that as regards some of the petitioners, the respondent - - 8 - HC-KAR NC: 2025:KHC:27644 WP No. 21555 of 2025 KIADB was agreeable to allot an extent of ½ acre. 7. As regards such proposal, learned counsel appearing for the petitioners submits that the approval by the DLSWCC was as regards 1 acre and the offer of the respondent - KIADB would not meet the needs of the petitioners and accordingly, they are not in a position to accept such offer. 8. Heard both sides. 9. Insofar as the facts as narrated above, there are no disputes. The applications of the petitioners having been cleared by the DLSWCC and resolution passed in the committee proceedings for allotment of 1 acre plot on 12.03.2024 remains to be fructified due to absence of allotment by the KIADB. The stand of the respondent - KIADB is that there is no land available for allotment in terms of the recommendation of the DLSWCC. Such stand is noticed in the averments made in the statement of objections filed by respondent - KIADB. The perusal of Para No.9 of the statement of objections in W.P.No.2893/2025 would reveal the same. That you have to point out. - 9 - HC-KAR NC: 2025:KHC:27644 WP No. 21555 of 2025 10. Insofar as the offer of the respondents as averred in their statement of objections filed in W.P.No.2893/2025 that they are agreeable to allot half an acre of land, is an offer which if not accepted by the petitioners cannot be faulted as the recommendation made by the DLSWCC was itself for allotment of 1 acre. Insofar as the allotment of land in Adinarayana Hosahalli Phase-2, taking note of the stand of the learned counsel for respondent, it would be approrpaite to pass a direction to the respondent - KIADB to take note of the seniority of applications of the petitioners in these matters and consider their allotments subject to fulfillments of other criteria as regards Adinarayana Hosahalli Phase-2. Such direction is passed taking note of the facts that the petitioners' applications though approved on 12.03.2024, still remains to be acted upon as well as taking note of the stand of the KIADB that there is no land available in ITIR, Devanahalli General Industrial Area, Devanahalli Taluk, Bangalore Rural District coupled with the stand of the KIADB that they are open for consideration for allotment at Adinarayana Hosahalli Phase-2 if the court were to pass directions. - 10 - HC-KAR NC: 2025:KHC:27644 WP No. 21555 of 2025 11. Accordingly, the following order is passed: ORDER (a) The alternative prayer of the petitioners for allotment in Adinarayana Hosahalli Phase-2 is to be considered by respondent - KIADB taking note of the recommendation of the DLSWCC. (b) Though recommendation relates to allotment at ITIR, Devanahalli General Industrial Area, Devanahalli Taluk, Bangalore Rural District, the request of the petitioners ought to be now considered at Adinarayana Hosahalli Phase-2 subject to fulfillment of all other requirements. (c) Needless to state the consideration of petitioners' applications are subject to availability of land as well. (d) However, it is clarified that the applications of the petitioners having been made during the year 2024, it would be equitable and necessary that appropriate priority is given taking note of the seniority of the date of application as regards to the earlier layout. (e) The applications of the petitioners may be considered in the next meeting of the - 11 - HC-KAR NC: 2025:KHC:27644 WP No. 21555 of 2025 'DLSWCC/DIC' regarding allotments to be made at Adinarayana Hosahalli Phase-2. (f) The moulding of relief is made taking note of the objective of the policy under which allotments are recommended by the DLSWCC and the need that there has to be expeditious response of the Government if that is the objective of the scheme as is made out from the documents produced before this Court. In light of the above, the writ petitions are disposed off." 12. Taking note that the petitioner herein is similarly placed as that of the petitioners in W.P.Nos. 14416/2025 and connected matters, the following order is passed: ORDER (a) The alternative prayer of the petitioner for allotment in Adinarayana Hosahalli Phase-2 is to be considered by respondent - KIADB taking note of the recommendation of the DLSWCC. - 12 - HC-KAR NC: 2025:KHC:27644 WP No. 21555 of 2025 (b) Though recommendation relates to allotment at ITIR, Devanahalli General Industrial Area, Devanahalli Taluk, Bangalore Rural District, the request of the petitioner ought to be now considered at Adinarayana Hosahalli Phase-2 subject to fulfillment of all other requirements. (c) Needless to state the consideration of petitioner's application is subject to availability of land as well. (d) However, it is clarified that the application of the petitioner having been made during the year 2024, it would be equitable and necessary that appropriate priority is given taking note of the seniority of the date of application as regards to the earlier layout. (e) The application of the petitioner may be considered in the next meeting of the 'DLSWCC/DIC' regarding allotments to be made at Adinarayana Hosahalli Phase-2. (f) The moulding of relief is made taking note of the objective of the policy under which allotments are recommended by the DLSWCC and the need that there has to be expeditious response of the - 13 - HC-KAR NC: 2025:KHC:27644 WP No. 21555 of 2025 Government if that is the objective of the scheme as is made out from the documents produced before this Court. In light of the above, the writ petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE VP