- 1 - NC: 2025:KHC-D:3262 WP No. 148875 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 148875 OF 2020 (LA-KIADB) BETWEEN: M/S VITA MILK INDIA, R/BY ITS PARTNER, SRI. SATYANARAYAN S/O. LATE SRI. VISHWANATH MISHRA, AGE: 68 YEARS, OCC: BUSINESS, C/O. NEW VIJAYA SWEETS, VIVEKANAND CIRCLE, DHARWAD-580001. …PETITIONER (BY SRI. SUNIL S. DESAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF INDUSTRIES AND COMMERCE, SACHIVALAYA II, M.S. BUILDING, BENGALURU-560002. 2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, R/BY ITS SECRETARY, NO.14/3, 2ND FLOOR, A GOVERNMENT OF KARNATAKA UNDERTAKING, # 49, 4TH AND 5TH FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001. 3. THE CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, # 49, 4TH AND 5TH FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001. 4. THE GENERAL MANAGER, THE KARNATAKA INDUSTRIAL AREAS ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.27 17:00:51 +0530 - 2 - NC: 2025:KHC-D:3262 WP No. 148875 of 2020 DEVELOPMENT BOARD, A GOVERNMENT OF KARNATAKA UNDERTAKING, # 49, 4TH AND 5TH FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001. 5. THE ASSISTANT SECRETARY THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, PLOT NO.33/A, LAKAMANHALLI INDUSTRIAL AREA, ZONAL OFFICE, P.B. ROAD, DHARWAD-580004. 6. EXECUTIVE ENGINEER & THE DEVELOPMENT OFFICER THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, PLOT NO.33/A, LAKAMANHALLI INDUSTRIAL AREA, ZONAL OFFICE, P.B. ROAD, DHARWAD-580004. 7. THE EXECUTIVE ENGINEER THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, PLOT NO.33/A, LAKAMANHALLI INDUSTRIAL AREA, ZONAL OFFICE, P.B. ROAD, DHARWAD-580004. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1; SRI. B.B. PATIL, ADVOCATE FOR R2-R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ORDER DATED 23.11.2020 BEARING NO.K.KAI.PRA.MA/KEM.K/HANCHIKE/1/B/8952/2020-21 PASSED BY THE RESPONDENT NO.3 VIDE ANNEXURE-M AND LETTER DATED 17.12.2020 BEARING KIADB/DWD/DO/1189/2020-21 ISSUED BY THE RESPONDENT NO.6 VIDE ANNEXURE-N RESPECTIVELY; DIRECT THE RESPONDENT NO.2 TO 7 TO EXTEND THE PERIOD FOR CONSTRUCTION OF BUILDING IN THE PLOT NO.1/B MEASURING 4718.00 SQ MTRS OF RAYAPUR INDUSTRIAL AREA, DHARWAD IN FAVOUR OF THE PETITIONER AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:3262 WP No. 148875 of 2020 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent No.1. 2. The petitioner is before this Court seeking for the following reliefs: a) ISSUE A Writ in the nature of Certiorari to quash the Order dated 23.11.2020 bearing NO. K. Kai. Pra.Ma/Kem.K/Hanchike/1/B/8952/2020-21 passed by the Respondent No.3 vide Annexure-M and letter dated 17.12.2020 bearing No. KIADB/DWD/DO/1189/2020-21 issued by the respondent no.6 vide Annexure-N respectively; b) DIRECT the Respondent No.2 to 7 to extend the period for construction of building in the plot no.1/B measuring 4718.00 Sq. Mtrs. of Rayapur industrial area, Dharwad in favour of the petitioner. c) PASS such other orders or directions as this Hon’ble Court deems just and proper under the facts and circumstances of the case and allow this Writ Petition, in the interest of justice and equity. 3. The grievance of the petitioner is that though the petitioner has been served with a notice under Sub- section (1) of Section 34B of the KIADB Act, a reply thereto having been furnished. Necessary notice under Sub-section (2) of Section 34B has not been - 4 - NC: 2025:KHC-D:3262 WP No. 148875 of 2020 issued, but order has been passed under sub-section (3) of Section 34B of the KIADB Act. 4. Without issuance of show cause notice under Sub- section (2) of Section 34B of the KIADB Act, orders cannot be passed by the Executive Officer under Sub- section (3) of Section 34B of the KIADB Act. In that view of the matter, I pass the following : ORDER (1) Petition is partly allowed. (2) Writ of certiorari is issued. The letter dated 17.12.2020 issued by the 6th respondent at Annexure-N is quashed. (3) It is made clear that the order at Annexure-M shall continue to be valid. It is for the respondents to issue necessary notice under Sub-Section (2) of Section 34B of the KIADB Act and proceed there from. - 5 - NC: 2025:KHC-D:3262 WP No. 148875 of 2020 (4) In view of disposal of petition, pending I.A.No.1/2022 does not survive for consideration. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK List No.: 1 Sl No.: 19