- 1 - HC-KAR NC: 2025:KHC:48154 WP No. 15939 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 15939 OF 2019 (GM-PP) BETWEEN: 1. M/S SHIVAMOGGA ZILLA MAHILA VIVIDODDESHA SAHAKARA SANGHA NIYAMITA, HIG NO.26, KHB COLONY, VINOBHANAGARA, SHIVAMOGGA - 577 201 REPRESENTED BY ITS SECRETARY …PETITIONER (BY SRI. S.V. PRAKASH, ADVOCATE) AND: 1. KARNATAKA STATE SMALL SCALE INDUSTRIES DEVELOPMENT CORPORATION LTD., BENGALURU - 560 001, BY ITS MANAGING DIRECTOR 2. KARNATAKA STATE SMALLA SCALE INDUSTRIES DEVELOPMENT CORPORATION LTD., DIVISIONAL OFFICE AT SAGAR ROAD, SHIVAMOGGA - 577 201, ASSISTANT GENERAL MANAGER …RESPONDENTS (BY SRI. CHANDRASHEKAR B.A., ADVOCATE FOR R1 AND R2) Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48154 WP No. 15939 of 2019 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 01.01.2019 PASSED BY COURT OF LEARNED III ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA IN M.A.NO.10/2016 PRODUCED AS PER ANEXURE-T CONFIRMING THE ORDER DATED 20.02.2016 AND ORDER DATED 28.05.2016 PASSED BY THE R-2 RESPECTIVELY PRODUCED AS ANNEXURE-Q AND R TO THE W.P. AND ETC. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, petitioner is assailing the order dated 01.01.2019 passed by the III Additional District Judge, Shivamogga in M.A.No.10/2016 (Annexure-T) confirming the order dated 20.02.2016 and order dated 28.05.2016 (Annexure-Q and R) passed by respondent No.2. - 3 - HC-KAR NC: 2025:KHC:48154 WP No. 15939 of 2019 2. The relevant facts for adjudication of this writ petition are that the petitioner is a Co-operative Society registered under the Provisions of the Karnataka Co- operative Societies Act, 1959. The object of the petitioner- Society is to establish small scale industries and to provide employment to the women for their empowerment and also to encourage and promote the women entrepreneurs to be financially self-reliant. 3. It is further stated that the petitioner-Society has approached the respondent- Authorities to allot the sites for their establishment of Industrial Unit and accordingly, the respondents herein allotted Site Nos.20 and 24 in the industrial estate established in the outskirts of Shivamogga on 30.08.1996, as per the possession letter produced at Annexure-A insofar as Site No.24 is concerned. Thereafter, the petitioner-Society requested the respondent to allot the vacant Site No.23 instead of Site No.20 since the Site No.23 is situate abutting to the Site No.24 and as such, it would be useful for the - 4 - HC-KAR NC: 2025:KHC:48154 WP No. 15939 of 2019 petitioner-Society to put up industrial shed for the well being of the members of the Society and as such, the respondents have allotted the Site No.23 as per the possession letter dated 12.03.1997 (Annexure-C). 4. It is further stated that, the petitioner herein has put up construction insofar as the Site No. 24 is concerned, however, they were not able to commence the industry by constructing the industrial shed at Site No. 23 and on account of the same, the respondent-Authorities have issued the eviction notice at Annexure-P dated 10.07.2015. Thereafter, the order of eviction was passed by the respondent-authorities, which came to be challenged by the petitioner herein before the III Additional District Judge at Shivamogga in M.A.No.10/2016. The District Court vide Order dated 01.01.2019 (Annexure-T), dismissed the appeal. Consequently, confirmed the order of eviction passed by the respondent-authorities. Feeling aggrieved by the same, the petitioner has presented this writ petition. - 5 - HC-KAR NC: 2025:KHC:48154 WP No. 15939 of 2019 5. I have heard Sri S.V.Prakash, learned counsel for the petitioner and Sri Chandrashekhar.B.A., learned counsel for respondents. 6. It is contended by the learned counsel appearing for the petitioner that the respondent- authorities have allotted Site Nos.23 and 24 in favour of the members of the petitioner-Society for putting up the industrial shed for the well being of the women entrepreneurs. In this regard, learned counsel invited the attention of the Court to the Lease-cum-Sale Agreement dated 30.11.2011 (Annexure-L) wherein, the terms and conditions have been made with regard to the allotment of Site No.23 instead of the Site No.20. Hence, the question is with regard to the non-construction of the building in the Site No.20. In this regard, on careful consideration of the averments made in the writ petition and also the impediment which has caused to the petitioner-Society for the purpose of construction of the building is concerned, however, on perusal of the writ petition would indicate - 6 - HC-KAR NC: 2025:KHC:48154 WP No. 15939 of 2019 that an effort has been made by the petitioner-Society to retain Site No. 23 for the well being of the Society is concerned. 7. In that view of the matter, taking into consideration the factual aspects on record, as already Site No.24 has been allotted in favour of the petitioner herein instead of Site No.20, the respondents-Karnataka State Small Scale Industries Development Corporation Ltd., has allotted the Site No.23, which is abutting to the Site No.24. Taking into consideration, as the petitioner- Society ought to have constructed the building to facilitate its members, I am of the view that, the eviction proceedings initiated by the respondent-Authorities, as per Annexure-Q and R requires to be set aside. It is also to be noted from the finding recorded by the III Additional District Judge in M.A.No.10/2016, has not properly appreciate the factual aspects on record as to the impediment that has caused to the petitioner herein to construct the building in question. However, though the - 7 - HC-KAR NC: 2025:KHC:48154 WP No. 15939 of 2019 learned counsel appearing for the respondents vehemently contented that no interference is called for insofar as the allotment of the Site No.23 is concerned on the ground that the petitioner-Society has failed to construct the building in question within the stipulated period as per the Lease-cum-Sale Agreement, however, this Court has directed the petitioner herein to file an affidavit of the President of the petitioner-Society to undertake to put up construction within one year from the date of the order. In this regard, the petitioner had filed an affidavit dated 18.11.2025 and at paragraph No.5 of the affidavit, the petitioner-Society undertakes to construct the industrial shed in site No.23 on or before 30.11.2026. In that view of the matter, as the petitioner-Society herein have been put on terms and also considering the well being of the members of the Society so also, the woman empowerment as enshrined under the Constitution of India, I am of the view, that the writ petition requires to be allowed and as such, I pass the following: - 8 - HC-KAR NC: 2025:KHC:48154 WP No. 15939 of 2019 ORDER (i) Writ petition is allowed. (ii) The order dated 20.02.2016 dated 28.05.2016 passed by the respondents- Authorities (Anneuxre-Q and R) are hereby set aside. (iii) The order dated 01.01.2019 in M.A.No.10/2016 (Annexure T) passed by III Additional District and Sessions Judge at Shivamogga is hereby set aside. (iv) It is made clear that the petitioner herein shall abide by the undertaking made before this Court and the terms and conditions as stipulated in the affidavit dated 18.11.2025 filed before this Court. In the event, if the petitioners fails to abide by the undertaking made before this Court, then it is open for the - 9 - HC-KAR NC: 2025:KHC:48154 WP No. 15939 of 2019 respondents to take appropriate action against the petitioner in a manner known to law. In the meanwhile, the petitioner-Society is directed to pay maintenance or any dues in terms of the Lease cum Sale Agreement dated 30.11.2011 (Annexure-L), if any, within a period of two months from the date of receipt of the copy of this order. Sd/- (E.S.INDIRESH) JUDGE PSJ List No.: 1 Sl No.: 51 CT-SG