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High Court of Karnataka · body

2025 DAILYLAW 81691 (KAR)

M/S A S CARRIERS (P) LTD v. DR MAHESH M

CCC/210/2025 · 2025-10-25

C M Poonacha

Contempt Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42292-DB CCC No. 210 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO. 210 OF 2025 BETWEEN: 1. M/s. A.S. CARRIERS (P) LTD A PRIVATE LIMITED COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS OFFICE AT NEW NO. 173, OLD NO. 103 9TH FLOOR, BLOCK B NAVIN S. PRESIDIUM NELSON MANICKAM ROAD AMINJIKARAI, CHENNAI - 600 029. REP. BY ITS AUTHORISED REPRESENTATIVE MR. N. KANAKASABAI AGED 58 YEARS S/O LATE R. NATARAJAN …COMPLAINANT (BY SRI DEVAIAH I.S., ADVOCATE) AND: 1. DR. MAHESH M CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42292-DB CCC No. 210 of 2025 NO. 49, 4TH AND 5TH FLOORS EAST WING, KHANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001. …ACCUSED (BY SMT. NETRA S. BALIKAI, ADVOCATE FOR SMT. ANUPARNA BORDOLOI, ADVOCATE) THIS CCC IS FILED UNDER SECTION 11 OF THE CONTEMPT OF COURTS ACT R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO PROSECUTE AND PUNISH THE ACCUSED FOR WILLFULLY DISOBEYING THE ORDER DATED 30.08.2024 (ANNEXURE-A) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WRIT PETITION NO.20905/2021 (GM-KIADB) & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The complainant has filed the present complaint alleging willful disobedience of the order dated 30.08.2024 passed by the learned Single Judge of this Court in WP.No.20905/2021 (GM- KIADB). - 3 - HC-KAR NC: 2025:KHC:42292-DB CCC No. 210 of 2025 2. The complainant had filed the said petition, inter alia, seeking possession of the allotted land being plot No.18, Bidadi Industrial Area, II Phase, Sector I. The said petition was disposed of with a direction to KIADB to consider the petitioner's representation and pass appropriate orders within a period of twelve weeks from the date of receipt of certified copy. The Chief Executive Officer and the Executive Member of KIADB had since passed an order disposing of the said representation. 3. It is the petitioner's case, that he is entitled to allotment of 25 acres of land in terms of the resolution passed by the State Level Single Window Clearance Committee [SLSWCC]. The SLSWCC had recommended allotment of 25 acres of land in Bidadi Industrial Area, II Phase, Sector I. However, the complainant was allotted land measuring 16.52 acres only. In the aforesaid circumstances, the complainant had made a representation requesting KIADB for allotment of 9 acres of land in 5th Sector, in view of the short allotment of land at Bidadi Industrial Area, without any additional cost or burden. The said representation has been disposed of with the observation that the petitioner would be at liberty to approach - 4 - HC-KAR NC: 2025:KHC:42292-DB CCC No. 210 of 2025 KIADB after securing approval from the competent authorities or the Committees. 4. The learned counsel appearing for the accused (KIADB) submits that the petitioner's request for allotment of additional land of 9 acres in another area could be considered only after the SLSWCC recommends the same. 5. The learned counsel appearing for the complainant counters the aforesaid submissions and submits that this would not be a proper compliance of the order 30.08.2024, the willful disobedience of which is alleged. He contends that KIADB is responsible for short allotment of land as it had proceeded to allot land to other persons contrary to the recommendations of SLSWCC. Therefore the representation was made to KIADB to remedy the same by allotment of 9 acres of land in different location. He submits that since the competent authority had already granted the approval for 25 acres, there is no requirement for approaching the SLSWCC once again with the same request. Thus, the request for allotment of 9 acres was required to be considered by KIADB. But it has, in effect, avoided making any decision on the said representation. - 5 - HC-KAR NC: 2025:KHC:42292-DB CCC No. 210 of 2025 6. A plain reading of the order passed by KIADB indicates that the petitioner's request for 9 acres of land in another location has not been acceded to. The order also indicates that the said request will be considered after the same has been approved by the concerned Committee. It is not necessary for us to examine the merits of the said decision. However, it is clear that the petitioner's representation has been disposed of. 7. In view of the above, we close the present complaint with liberty to the complainant to avail appropriate remedies as may be available. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE SD List No.: 1 Sl No.: 40