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2025 DAILYLAW 57085 (KAR)

M/S SRI NANDI FABRICATION WORKS v. THE STATE OF KARNATAKA

WP/18105/2025 · 2025-10-27

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42709 WP No. 18105 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 18105 OF 2025 (GM-RES) BETWEEN: M/S SRI NANDI FABRICATION WORKS OFFICE AT NO. 247, BASAVESHWARA NILAYA, HESARAGHATTA MAIN ROAD, NEAR SAPTHAGIRI COLLEGE, KIRLOSKAR LAYOUT, BENGALURU - 560 073 REPRESENTED BY PROPRIETOR RUDRESH P.B. …PETITIONER (BY SRI. SRINIVASA C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY SECRETARY TO GOVT., DEPARTMENT OF COMMERCE AND INDUSTRIES, M.S. BUILDING, DR. B. R. AMBEDKAR VEEDHI, BANGALORE - 560 001. 2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, REPRESENTED BY CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU - 560 001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42709 WP No. 18105 of 2025 3. THE JOINT DIRECTOR, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, 4TH AND 5TH FLOOR, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU - 560 001. 4. THE DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT, JILLADALITA BHAVANA, BEERASANDRA, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110. 5. THE DISTRICT LEVEL SINGLE WINDOW CLEARANCE COMMITTEE, DEPARTMENT OF COMMERCE AND INDUSTRIES, NO. 203, 2ND FLOOR, DISTRICT ADMINISTRATIVE BUILDING, KUNDANA HOBLI, DEVENAHALLI TALUK, DODDABALLAPURA MAIN ROAD, BENGALURU RURAL DISTRICT - 562110. REPRESENTED BY ITS JOINT DIRECTOR. …RESPONDENTS (BY SRI. SIDDARTH BABURAO, AGA FOR R1, R4 AND R5; SRI. H.N. VASUDEVA, ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) DIRECTING THE RESPONDENTS 2 AND 3 TO ALLOT A DIRECTION TO THE RESPONDENT NO. 2 AND 3 TO ALLOT PLOT MEASURING 1 ACRE OF INDUSTRIAL LAND IN OBALAPURA 6TH PHASE, DABASPET/SOMPURA INDUSTRIAL AREA NELAMANGALA TALUK, BENGALURU RURAL DISTRICT, IN FURTHERANCE TO THE APPROVAL OF RESPONDENT NO. 5 VIDE PROJECT APPROVAL ORDER DATED 09.02.2024 BEARING NO. JI KAL KE/ BEM. GRAA/DLSWCC/03/2023-24 ISSUED BY 5TH RESPONDENT VIDE ANNEXURE-D AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:42709 WP No. 18105 of 2025 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondent Nos.1, 4 & 5. 2. Sri H.N.Vasudeva, learned counsel is directed to accept notice for respondent Nos.2 and 3. 3. Petitioner is before this Court seeking for the following reliefs: "(a) Issue a writ of mandamus, directing the respondents 2 and 3 to allot a direction to the Respondent No. 2 & 3 to allot Plot measuring 1 acre of Industrial Land in Obalapura 6th Phase, Dabaspet/Sompura Industrial Area Nelamangala Taluk, Bengaluru Rural District, in furtherance to the approval of Respondent No. 5 vide Project approval order dated 09.02.2024 bearing No. Ji kai ke/ Bem. Grab/DLSWCC/03/2023-24 issued by 5th Respondent vide Annexure- 'D'. (b) Issue a writ of mandamus, directing the respondents No. 2 consider the representation of the Petitioner dated: 03.08.2024, vide Annexure- 'G' and direct the respondent No. 2 and 3 allot allot Plot measuring 1 acre of Industrial Land in Obalapura 6th Phase, Dabaspet/Sompura Industrial Area Nelamangala Taluk, Bengaluru Rural District. (c) Issue a writ of mandamus directing the respondents to extend the 3 years of period to allow the Petitioner in obtaining all the other clearances pursuant to project approval dated - 4 - HC-KAR NC: 2025:KHC:42709 WP No. 18105 of 2025 09.02.2024 bearing No.Jikai kel Bem Graa/DLSWCC/03/2023-24, issued by 5th respondent in favour of the petitioner vide Annexure 'D' in the interest of justice. (d) Issue such other order writ or direction as deemed fit and proper under the facts and circumstances of the case, in the interest of equity and justice." 4. The grievance of the petitioner is that despite respondent No.5-Single Window Agency having cleared the project of the petitioner on 09.02.2024 in terms of Annexure-D, respondent Nos.2 and 3 have not allotted the plot to the petitioner and the representation submitted by the petitioner on 03.08.2024 at Annexure-G has not been considered. 5. Whenever any application for allotment is made by a citizen with the KIADB, it is required for the KIADB to consider the same and pass necessary orders either allotting or rejecting the application within a reasonable period of time. Needless to say if an order of rejection of allotment is made, it should be accompanied by reasons. Neither having been done, I pass the following: ORDER - 5 - HC-KAR NC: 2025:KHC:42709 WP No. 18105 of 2025 (i) Writ Petition is allowed; (ii) A mandamus is issued directing respondent No.2 to consider the representation of the petitioner dated 03.08.2024 at Annexure-G within a period of four weeks from the date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE VM List No.: 1 Sl No.: 11