- 1 - HC-KAR NC: 2025:KHC:27170 WP No. 11297 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 11297 OF 2015 (GM-RES) BETWEEN: M/S. R.K. ASSOCIATES NO.163, 9TH MAIN, 3RD CROSS, RMV EXTENSION, BANGALORE-560 080. REPRESENTED BY ITS PARTNER MR. R. KRISHNAMURTHY …PETITIONER (BY SRI. MURALIDHARA C. SUMAN KATARKI, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, COMMERCE AND INDUSTRIES DEPARTMENT, VIKASA SOUDHA, AMBEDKAR VEEDHI, BANGALORE-560 001. 2. KARNATAKA STATE ELECTRONICS DEVELOPMENT CORPORATION (GOVERNMENT OF KARNATAKA ENTERPRISE) II FLOOR, TTHC BUILDING "A" BLOCK, BHITC BUS STAND, K.H. ROAD, BANGALORE-560027. REPRESENTED BY ITS CHAIRMAN, MR.U.B. VENKATESH …RESPONDENTS (BY SRI M.SRINIVAS KUMAR, HCGP FOR R1; SRI A.V.NISHANTH, ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27170 WP No. 11297 of 2015 TO REFUND A SUM OF RS.2,04,20,000/- [RUPEES TWO CRORES FOUR LAKHS AND TWENTY THOUSAND ONLY] PAID BY THE PETITIONER UNDER PROTEST TOWARDS COST OF THE LAND ON THE ALLEGED GROUND THAT, THERE IS A CHANGE IN USE OF LAND. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs; "(i) Issue a writ of mandamus directing the Respondent to refund a sum of Rs.2,04,20,000/- (Rupees Two Crores Four Lakhs and Twenty Thousand only) paid by the Petitioner under protest towards cost of the land on the alleged ground that, there is a change in use of land; (ii) Pass any such other order(s) based on the facts and circumstances of the case as this Hon'ble Court may deem fit in the interests of justice and equity." 2. I.A.No.1/2025 under Order XVI, Rule 7 of CPC has been filed seeking amendment of the petition for insertion of a prayer. - 3 - HC-KAR NC: 2025:KHC:27170 WP No. 11297 of 2015 3. Learned counsel for the petitioner submits that reference to the provision is wrong and may be read as one under Order VI, Rule 17 of CPC, as such, it is read so. 4. Perusal of the application indicates that, what is sought for is a certiorari to quash a notice dated 22.08.2012 at Annexure-J, which had been produced along with the petition originally filed on 18.03.2015. The petitioner not having challenged the said Annexure-J when the above petition was filed has now sought for an amendment to challenge the same by filing an application for amendment, on 17.06.2015. 5. I am of the considered opinion that such an amendment cannot be permitted after a long lapse of 13 years, more- so, even when the petition was filed, the said document was available with the petitioner and it is not a subsequent event. Considering that the petition is one for mandamus and the representation of the petitioner has already been considered, nothing survives in the above petition. - 4 - HC-KAR NC: 2025:KHC:27170 WP No. 11297 of 2015 6. In the above view, both I.A.No.1/2025 as also the main petition stand dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE MV, List No.: 1 Sl No.: 18