M/S SRI CHOWDESHWARI ENTERPRISES v. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
WP/14440/2024 · 2025-11-04
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 75804 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 75804 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:44499 WP No. 14440 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 14440 OF 2024 (GM-KIADB) BETWEEN:
M/S SRI CHOWDESHWARI ENTERPRISES A PROPRIETARY CONCERN HAVING ITS OFFICE AT MALLIGE HOUSE NO. 31/32, CRESCENT ROAD, BENGALURU-560001 REPRESENTED BY ITS PROPRIETOR MR.VIKRAM SREERAM
…PETITIONER (BY SRI. MANJUNATH S.,ADVOCATE)
AND:
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD 4TH AND 5TH FLOOR, KHANIJA BHAVAN, NO. 49, RACECOURSE ROAD, BENGALURU-560001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER
…RESPONDENT (BY SRI. B.B. PATIL., FOR C/R)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT,
ORDER OR DIRECTION IN NATURE OF CERTIORARI OR ANY OTHER WRIT OF LIKE NATURE QUASHING THE IMPUGNED ORDER DATED 05/03/2024, PASSED BY THE RESPONDENT BEARING REF NO. KIADBHO/ALLOCATINO/19002/20889-B/2023-24, PRODUCED AT ANNEXURE-A AND ETC.
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:44499 WP No. 14440 of 2024
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs: a) Issue a Writ, Order or Direction in nature of Certiorari or any other Writ of like nature quashing the Impugned
Order dated 05.03.2024, passed by the Respondent bearing Ref No. -B KIADBHO/ALLOCATION/ 19002/20889-B/2023-24, produced at Annexure "A";
(b) Issue a Writ, Order or Direction in nature of Mandamus or any other Writ of like nature and direct the Respondent to consider the Representation dated: 14/5/2024 in accordance with law made by the A Petitioner produced at Annexure "Y";
(c) Award costs of this Writ Petition to the Petitioner;
(d) Pass such other order/s as this Hon'ble Court may deem necessary, in the interests of justice and equity.
2. A perusal of the papers indicates that notice under Section 34-B(2) of the Karnataka Industrial Areas Development Act, 1966 [‘KIAD Act’ for short] has not been issued to the petitioner before the order of resumption was made. What has been issued is only
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HC-KAR NC: 2025:KHC:44499 WP No. 14440 of 2024
a notice under Section 34-B(1) of the KIAD Act. Hence, the final order which is impugned in the present proceedings is not sustainable. As such, I pass the following:
ORDER i. The writ petition is allowed. A certiorari is issued. The impugned order dated 5.03.*2024 bearing Ref. No.KIADB/HO/ALLOCATION /19002/20889-B/2023-24 at Annexure-A is quashed. ii. Liberty is reserved to the respondent to issue a notice under Section 34-B(2) and proceed with the same. While doing so, respondents are
directed to consider the representation of the petitioner stated to be filed on 14.05.*2024 at Annexure-Y.
SD/- (SURAJ GOVINDARAJ) JUDGE
LN List No.: 1 Sl No.: 94
*Corrected vide Court order dated 26.11.2025