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2025 DAILYLAW 62451 (KAR)

M/S VITA MILK INDIA v. THE STATE OF KARNATAKA

WP/106999/2025 · 2025-09-19

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12751 WP No. 106999 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106999 OF 2025 (GM-KIADB) BETWEEN: M/S VITA MILK INDIA R/ BY ITS PARTNER SRI. SATYANARAYAN, S/O LATE SRI VISHWANATH MISHRA, AGE. 69 YEARS, OCC. BUSINESS C/O NEW VIJAYA SWEETS, VIVEKANAND CIRCLE, DHARWAD-580 001 … PETITIONER (BY SRI. SHRIKANT T PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF INDUSTRIES AND COMMERCE, SACHIVALAYA 11, M.S. BUILDING, BENGALURU-560 002 2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD R/BY ITS SECRETARY NO.14/3, 2ND FLOOR, GOVERNMENT OF KARNATAKA UNDERTAKNG NO.49, 4TH AND 5TH FLOOR EAST WING, KHANIJA BHAVAN RACE COURSE ROAD BENGALURU – 560 001. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12751 WP No. 106999 of 2025 3. THE CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO.49, 4TH AND 5TH FLOOR EAST WING, KHANIJA BHAVAN RACE COURSE ROAD BENGALURU – 560 001. 4. THE GENERAL MANAGER THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO.49, 4TH AND 5TH FLOOR EAST WING, KHANIJA BHAVAN RACE COURSE ROAD BENGALURU – 560 001. 5. THE ASSISTANT SECRETARY THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD PLOT NO.33/A LAKAMANHALLI INDUSTRIAL AREA ZONAL OFFICE P.B. ROAD DHARWAD – 580 004. 6. THE DEVELOPMENT OFFICER THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD PLOT NO.33/A LAKAMANHALLI INDUSTRIAL AREA ZONAL OFFICE P.B. ROAD DHARWAD – 580 004. 7. THE EXECUTIVE ENGINEER THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD PLOT NO.33/A LAKAMANHALLI INDUSTRIAL AREA ZONAL OFFICE P.B. ROAD DHARWAD – 580 004. - 3 - HC-KAR NC: 2025:KHC-D:12751 WP No. 106999 of 2025 8. THE JOINT DIRECTOR THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO.49, 4TH AND 5TH FLOOR, EAST WING, KHANIJA BHAVAN RACE COURSE ROAD BENGALURU – 560 001 … RESPONDENTS (BY SRI. SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SRI SHARAD V. MAGADUM, AGA FOR R1; SRI B.B. PATIL, ADVOCATE FOR R2 TO R8) 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 21/08/2025 BEARING NO.KIADB/HO/ALLOT/C.NO.8906/950/2025-26 PASSED BY THE RESPONDENT NO.3 VIDE ANNEXURE-V AND LETTER DTD 28/08/2025 BEARING NO.KIADB/HO/ALLOT/C/NO 4663/9598/2025-26 DATED 28/08/2025 ISSUED BY THE RESPONDENT NO.8 VIDE ANNEXURE-V1 RESPECTIVELY. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent No.1. Sri.B.V.Patil., learned counsel accepts notice for respondents No.2 to 8. 2. The Petitioner is before this Court seeking for the following reliefs: - 4 - HC-KAR NC: 2025:KHC-D:12751 WP No. 106999 of 2025 A. ISSUE A Writ in the nature of Certiorari to quash the Order dated 21/08/2025 bearing No.KIADB/HO/ALLOT/C.No.8906/950/2025-26 passed by the Respondent No.3 vide Annexure-V and letter dtd 28/08/2025 bearing No.KIADB/HO/ALLOT/C/No 4663/9598/2025-26 dated 28/08/2025 issued by the Respondent No.8 vide Annexure-VI respectively. B. Direct the Respondent No.2 to 8 to extend the period for construction of building in the plot No.1/B measuring 4718.00 Sq Mtrs of Rayapur industrial area, 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. A perusal of the impugned order dated 21.08.2025 at Annexure-V and the letter dated 28.08.2025 at Annexure-V1 indicates that the same is not a speaking order, the reasoning which has been provided is not sufficient to come to a conclusion as regards the points which have been raised. 4. In that view of the matter, I pass the following; ORDER i. The writ petition is disposed of. - 5 - HC-KAR NC: 2025:KHC-D:12751 WP No. 106999 of 2025 ii. The matter is remitted to respondent No.3 for fresh consideration by providing an opportunity to the petitioner of hearing by directing respondent No.3 to pass a reasoned speaking order. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 29