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High Court of Karnataka · body

2025 DAILYLAW 82391 (KAR)

M/S SHREE SHYAM INFRA v. THE STATE OF KARNATAKA

WP/14416/2025 · 2025-07-18

S Sunil Dutt Yadav

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27039 WP No. 14416 of 2025 C/W WP No. 2893 of 2025 WP No. 5016 of 2025 AND 6 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 14416 OF 2025 (GM-KIADB) C/W WRIT PETITION NO. 2893 OF 2025 (GM-KIADB) WRIT PETITION NO. 5016 OF 2025 (GM-KIADB) WRIT PETITION NO. 5018 OF 2025 (GM-KIADB) WRIT PETITION NO. 5138 OF 2025 (GM-KIADB) WRIT PETITION NO. 5183 OF 2025 (GM-KIADB) WRIT PETITION NO. 5313 OF 2025 (GM-KIADB) WRIT PETITION NO. 5415 OF 2025 (GM-KIADB) WRIT PETITION NO. 5921 OF 2025 (GM-KIADB) IN WP No. 14416/2025 BETWEEN: 1. M/S SHREE SHYAM INFRA NO. 204, 1 FLOOR, 2ND PHASE, E ROAD CROSS, IDEAL HOME TOWNSHIP, RAJARAJESHWARINAGARA, BANGALORE-560098. REP BY ITS GENERAL MANAGER MS. RIDDHI SINGHVI D/O. INDER CHAND SINGHVI (PROPRIETORSHIP CONCERNED COMPANY) …PETITIONER (BY SRI. AJAY J NANDALIKE, ADVOCATE FOR SRI. SHARAN N.MAJAGE., ADVOCATE) Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27039 WP No. 14416 of 2025 C/W WP No. 2893 of 2025 WP No. 5016 of 2025 AND 6 OTHERS AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BANGALORE-560 001. 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REP. BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560001. 3. JOINT DIRECTOR, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD 4TH & 5TH FLOOR, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560001. 4. THE DEPUTY COMMISSIONER, BANGALORE RURAL DISTRICT, JILLADALITA BHAVANA, BEERASANDRA, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110. 5. DISTRICT LEVEL SINGLE WINDOW CLEARANCE COMMITTEE DEPARTMENT OF COMMERCE AND INDUSTRY, NO.203, 2ND FLOOR, DISTRICT ADMINISTRATION BUILDING. BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, DODDABALLAPURA MAIN ROAD, - 3 - HC-KAR NC: 2025:KHC:27039 WP No. 14416 of 2025 C/W WP No. 2893 of 2025 WP No. 5016 of 2025 AND 6 OTHERS BENGALURU RURAL DISTRICT-562110. REPRESENTED BY ITS JOINT DIRECTOR. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1, R4 & R5; SRI. DILDAR SHIRALLI, ADVOCATE FOR R2 & R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE RESPONDENT NO. 2 AND 3 TO ALLOT 1 ACRE OF LAND IN ITIR PARK, DEVANAHALLI GENERAL INDUSTRIAL AREA, IN FURTHERANCE OF THE APPROVAL ORDER DATED 12.03.2024 BEARING NO. JIKAIKE/ BENG.GRAM/ DLSWCC/ D-115/ 2023- 24 ISSUED BY DISTRICT INDUSTRIES CENTRE, BANGALORE RURAL DISTRICT VIDE ANNEXURE-D. IN WP NO. 2893/2025 BETWEEN: 1. M/S VISHAL FOODS NO. 158, 1ST FLOOR, 5TH CROSS, G BLOCK, RAMAKRISHNA NAGAR, MYSURU- 570 023. REP BY ITS PROPRIETOR MR. VISHAL V S/O. DR. VISHNUVARDHAN D (PROPRIETORSHIP CONCERNED) ...PETITIONER (BY SRI. AJAY J NANDALIKE, ADVOCATE FOR SRI. SHARAN N MAJAGE., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BANGALORE-560 001. - 4 - HC-KAR NC: 2025:KHC:27039 WP No. 14416 of 2025 C/W WP No. 2893 of 2025 WP No. 5016 of 2025 AND 6 OTHERS 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REP. BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560 001. 3. JOINT DIRECTOR KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, 4TH AND 5TH FLOOR, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560 001. 4. THE DEPUTY COMMISSIONER, BANGALORE RURAL DISTRICT, JILLADALITA BHAVANA, BEERASANDRA, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT - 562 110. ...RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 & R4; SRI. DILDAR SHIRALLI, ADVOCATE FOR R2 & R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE R-2 AND 3 TO ALLOT 1 ACRE OF LAND IN ITIR PARK, DEVANAHALLI GENERAL INDUSTRIAL AREA, IN FURTHERANCE OF THE APPROVAL ORDER DTD. 11.03.2024 BEARING NO.JIKAIKE/BENG.GRAM/DLSWCC/D-49/2023-24 ISSUED BY DISTRICT INDUSTRIES CENTRE, BANGALORE RURAL DISTRICT VIDE ANNX-D. IN WP NO. 5016/2025 BETWEEN: 1. M/S SANJANA INFRA NO. 1263, 4TH MAIN, 2ND STAGE, RAJAJINAGARA, - 5 - HC-KAR NC: 2025:KHC:27039 WP No. 14416 of 2025 C/W WP No. 2893 of 2025 WP No. 5016 of 2025 AND 6 OTHERS BANGALORE- 560 010. REP BY ITS PROPRIETOR MS. SANJANA RAJU D/O. K. SIDDARAJU (PROPRIETORSHIP CONCERNED) ...PETITIONER (BY SRI. AJAY J NANDALIKEK, ADVOCATE FOR SRI. SHARAN N MAJAGE., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BANGALORE-560 001. 2. KARNATAKA INDUSTRIAL AREAS DEVELELOPMENT BOARD REP. BY ITS CHIEF EXECUTIVE OFFICER EXECUTIVE MEMBER, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560001. 3. JOINT DIRECTOR, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, 4TH & 5TH FLOOR, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560001. 4. THE DEPUTY DIRECTOR, BANGALORE RURAL DISTRICT, JILLADALITA BHAVANA, BEERASANDRA, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110. ...RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 & R4; SRI. DILDAR SHIRALLI, ADVOCATE FOR R2 & R3) - 6 - HC-KAR NC: 2025:KHC:27039 WP No. 14416 of 2025 C/W WP No. 2893 of 2025 WP No. 5016 of 2025 AND 6 OTHERS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A DIRECTION TO THE RESPONDENT NO.2 AND 3 TO ALLOT 1 ACRE OF LAND IN ITIR PARK, DEVANAHALLI GENERAL INDUSTRIAL AREA, INFURTHERANCE OF THE APPROVAL ORDER DATED 12.03.2024 BEARING NO. JIKAIKE/ BENG GRAM DLSWCC/D-/2023-24 ISSUED BY DISTRICT INDUSTRIES CENTRE, BANGALORE RURAL DISTRICT VIDE ANNEXURE-E. IN WP NO. 5018/2025 BETWEEN: 1. M/S FUTURE FABTECH NO.110, NAVAMI SYMPHONY APARTMENT, NEAR GLOBAL ENGINEERING COLLEGE, RAJARAJESHWARINAGARA BANGALORE - 560098 REP BY ITS PROPRIETOR MR. KANTESH CHIGATERI S/O THINDAPPA CHIGATERI (PROPRIETORSHIP CONCERNED) ...PETITIONER (BY SRI. AJAY J NANDALIKE, ADVOCATE FOR SRI. SHARAN N MAJAGE., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BANGALORE - 560001. 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REP. BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, KHANIJA BHAVANA, - 7 - HC-KAR NC: 2025:KHC:27039 WP No. 14416 of 2025 C/W WP No. 2893 of 2025 WP No. 5016 of 2025 AND 6 OTHERS RACE COURSE ROAD, BENGALURU - 560001. 3. JOINT DIRECTOR KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, 4TH AND 5TH FLOOR, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU - 560001. 4. THE DEPUTY DIRECTOR BANGALORE RURAL DISTRICT, JILLADALITA BHAVANA, BEERASANDRA, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT - 562110. ...RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 & R4; SRI. DILDAR SHIRALLI, ADVOCATE FOR R2 & R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE R2 AND R3 TO ALLOT 1 ACRE OF LAND IN ITIR PARK, DEVANAHALLI GENERAL INDUSTRIAL AREA, IN FURTHERANCE OF THE APPROVAL ORDER DATED 12/03/2024 BEARING NO. JIKAIKE/BENG.GRAM/DLSWC/D- 120/2023-24 ISSUED BY DISTRICT INDUSTRIES CENTRE, BANGALORE RURAL DISTRICT VIDE ANNX-E. IN WP NO. 5138/2025 BETWEEN: 1. M/S. SRI INFRASTRUCTURES NO. 3426, 2ND CROSS, VHBS LAYOUT, BSK 3RD STAGE, GIRINAGAR, BANGALORE- 560 085 REP BY ITS PROPRIETOR MR. MADHUSUDAN R, S/O. RAGHU CHIKKANASAPPA (PROPRIETORSHIP CONCERNED) ...PETITIONER - 8 - HC-KAR NC: 2025:KHC:27039 WP No. 14416 of 2025 C/W WP No. 2893 of 2025 WP No. 5016 of 2025 AND 6 OTHERS (BY SRI. AJAY J NANDALIKE, ADVOCATE FOR SRI. SHARAN N MAJAGE., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BANGALORE-560 001. 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REP. BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560001. 3. JOINT DIRECTOR, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, 4TH AND 5TH FLOOR, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560001. 4. THE DEPUTY COMMISSIONER, BANGALORE RURAL DISTRICT, JILLADALITA BHAVANA, BEERASANDRA, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110. ...RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 & R4; SRI. DILDAR SHIRALLI, ADVOCATE FOR R2 & R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE RESPONDENT NO.2 AND 3 TO ALLOT 1 ACRE OF LAND IN ITIR PARK, DEVANAHALLI GENERAL INDUSTRIAL AREA, IN FURTHERANCE OF THE APPROVAL ORDER DATED - 9 - HC-KAR NC: 2025:KHC:27039 WP No. 14416 of 2025 C/W WP No. 2893 of 2025 WP No. 5016 of 2025 AND 6 OTHERS 12.03.2024 BEARING NO. JIKAIKE/ BENG.GRAM/ DLSWCC/ D-119/2023-24 ISSUED BY DISTRICT INDUSTRIES CENTRE, BANGALORE RURAL DISTRICT VIDE ANNEXURE-E. IN WP NO. 5183/2025 BETWEEN: 1. M/S VENKATA LAKSHMI INDUSTRIES NO. 105, 3RD FLOOR, 2ND CROSS, NITANTRA LAYOUT, BAGLUR ROAD, KATTIGENAHALLI, YELAHANKA, BANGALORE- 560 078. REP BY ITS PROPRIETOR MR. PAVANKUMAR NAIK, S/O. HOBA NAIK (PROPRIETORSHIP CONCERNED) ...PETITIONER (BY SRI. AJAY J NANDALIKE, ADVOCATE FOR SRI. SHARAN N MAJAGE., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BANGALORE-560 001. 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REP. BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560001. 3. JOINT DIRECTOR, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, - 10 - HC-KAR NC: 2025:KHC:27039 WP No. 14416 of 2025 C/W WP No. 2893 of 2025 WP No. 5016 of 2025 AND 6 OTHERS 4TH & 5TH FLOOR, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560001. 4. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT, JILLADALITA BHAVANA, BEERASANDRA, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110. ...RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 & R4; SRI. DILDAR SHIRALLI, ADVOCATE FOR R2 & R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE RESPONDENT NO.2 AND 3 TO ALLOT 1ACRE OF LAND IN ITIR PARK, DEVANAHALLI GENERAL INDUSTRIAL AREA, INFURTHERANCE OF THE APPROVAL ORDER DATED 12.03.2024 BEARING NO. JIKAIKE/BENG.GRAM/DLSWCC/D-121/2023-24 ISSUED BY DISTRICT INDUSTRIES CENTRE, BANGALORE RURAL DISTRICT VIDE ANNEXURE-E. IN WP NO. 5313/2025 BETWEEN: 1. M/S UDAY INFRASTRUCTURES NO. 481, SHREE SIDDESHWARA NILAYA, 5TH CROSS, RBI LAYOUT, J P NAGAR, 7TH PHASE, JP NAGAR, BENGALURU - 560078 REP BY ITS PROPRIETOR MR. UDAY NARAYAN, S/O T NARAYAN (PROPRIETORSHIP CONCERNED) ...PETITIONER (BY SRI. AJAY J NANDALIKE, ADVOCATE FOR SRI. SHARAN N MAJAGE., ADVOCATE) - 11 - HC-KAR NC: 2025:KHC:27039 WP No. 14416 of 2025 C/W WP No. 2893 of 2025 WP No. 5016 of 2025 AND 6 OTHERS AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BANGALORE - 560001. 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REP. BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU - 560001. 3. JOINT DIRECTOR KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, 4TH AND 5TH FLOOR, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU - 560001. 4. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT, JILLADALITA BHAVANA, BEERASANDRA, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT - 562 110. ...RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 & R4; SRI. DILDAR SHIRALLI, ADVOCATE FOR R2 & R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE RESPONDENT NO. 2 AND 3 TO ALLOT 1ACRE OF LAND IN ITIR PARK, DEVANAHALLI GENERAL INDUSTRIAL AREA, IN FURTHERANCE OF THE APPROVAL ORDER DATED 12.03.2024 BEARING NO. JIKAIKE/ BENG.GRAM/ DLSWCC/ D-351/2023-24 ISSUED BY DISTRICT INDUSTRIES CENTRE, BANGALORE RURAL DISTRICT VIDE ANNEXURE-D. - 12 - HC-KAR NC: 2025:KHC:27039 WP No. 14416 of 2025 C/W WP No. 2893 of 2025 WP No. 5016 of 2025 AND 6 OTHERS IN WP NO. 5415/2025 BETWEEN: 1. M/S INFRA FABTECH NO.1187, 9TH CROSS, 80 FEET ROAD, CHANDRA LAYOUT, BANGALORE - 560040 REP BY ITS PROPRIETOR MRS. PUSHPAVATHI NAYAK, W/O RAVEENDRA KUMAR (PROPRIETORSHIP CONCERNED) ...PETITIONER (BY SRI. AJAY J NANDALIKE, ADVOCATE FOR SRI. SHARAN N MAJAGE., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BANGALORE - 560001. 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REP. BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU - 560001. 3. JOINT DIRECTOR KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, 4TH AND 5TH FLOOR, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU - 560001. - 13 - HC-KAR NC: 2025:KHC:27039 WP No. 14416 of 2025 C/W WP No. 2893 of 2025 WP No. 5016 of 2025 AND 6 OTHERS 4. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT, JILLADALITA BHAVANA, BEERASANDRA, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT - 562110. ...RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 & R4; SRI. DILDAR SHIRALLI, ADVOCATE FOR R2 & R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE RESPONDENT NO. 2 AND 3 TO ALLOT 1 ACRE OF LAND IN ITIR PARK, DEVANAHALLI GENERAL INDUSTRIAL AREA, IN FURTHERANCE OF THE APPROVAL ORDER DATED 12.03.2024 BEARING NO. JIKAIKE/ BENG.GRAM/ DLSWCC/ D-118/ 2023-24 ISSUED BY DISTRICT INDUSTRIES CENTRE, BANGALORE RURAL DISTRICT VIDE ANNEXURE-E. IN WP NO. 5921/2025 BETWEEN: 1. M/S SIDDARAJU ENTERPRISES NO. 1263, 4TH MAIN, E BLOCK, 2ND STAGE, RAJAJINAGAR BANGALORE - 560010 REP BY ITS PROPRIETOR MS. SIDDARAJU D/O KARIPUTTAIAH (PROPRIETORSHIP CONCERNED) ...PETITIONER (BY SRI. AJAY J NANDALIKE, ADVOCATE FOR SRI. SHARAN N MAJAGE., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, - 14 - HC-KAR NC: 2025:KHC:27039 WP No. 14416 of 2025 C/W WP No. 2893 of 2025 WP No. 5016 of 2025 AND 6 OTHERS VIDHANA SOUDHA, BANGALORE - 560001. 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REP. BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU - 560001. 3. JOINT DIRECTOR KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, 4TH AND 5TH FLOOR, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU - 560001. 4. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT, JILLADALITA BHAVANA, BEERASANDRA, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT - 562110. ...RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 & R4; SRI. DILDAR SHIRALLI, ADVOCATE FOR R2 & R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A DIRECTION TO THE RESPONDENT NO.2 AND 3 TO ALLOT 1 ACRE OF LAND IN ITIR PARK, DEVANAHALLI GENERAL INDUSTRIAL AREA, IN FURTHERANCE OF THE APPROVAL ORDER DATED 12.03.2024 BEARING NO. JIKAIKE/ BENG.GRAM/ DLSWCC/D-116/2023-24 ISSUED BY DISTRICT INDUSTRIES CENTRE, BANGALORE RURAL DISTRICT VIDE ANNEXURE-D. - 15 - HC-KAR NC: 2025:KHC:27039 WP No. 14416 of 2025 C/W WP No. 2893 of 2025 WP No. 5016 of 2025 AND 6 OTHERS THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioners in all these petitions are MSME and its proprietors belong to Scheduled Caste. They had approached District Level Single Window Clearance Committee (for short 'DLSWCC') with a proposal, which proposal it is stated had been considered in the proceedings of the committee of the DLSWCC and an extent of 1 acre was resolved for allotment. It is submitted that the proposed approval for the project was under the Warehouse Storage Scheme at ITIR, Devanahalli General Industrial Area, Devanahalli Taluk, Bangalore Rural District. Pursuant to the said decision on 12.03.2024, it is submitted that till date despite several representations, no action was taken. - 16 - HC-KAR NC: 2025:KHC:27039 WP No. 14416 of 2025 C/W WP No. 2893 of 2025 WP No. 5016 of 2025 AND 6 OTHERS 2. It is further submitted that the petitioners had approached this Court on previous occasion in the following proceedings: Sl. No. Writ Petition Number Petitioner Name DLSWCC Approval OrderDetails Details of Previous Writ Petition Filed 1. WP 5183 / 2025 M/S Venkata Lakshmi Industries ANNEXURE – E Dated: 12.03.2024 Page No: [48 - 50] WP. No. 21196 / 2024 Order dated 07.08.2024 ANNEXURE K Pages: [61 - 63] 2. WP 5921 / 2025 M/S Siddaraju Enterprises ANNEXURE – D Dated: 12.03.2024 Page No: [59 - 61] WP. No. 21171 / 2024 Order dated 07.08.2024 ANNEXURE K Pages: [73 - 75] 3. WP 5016 / 2025 M/S Sanjana Infra. ANNEXURE – E Dated: 12.03.2024 Page No: [57 - 59] WP. No. 20969 / 2024 Order dated 07.08.2024 ANNEXURE L Pages: [71 - 73] 4. WP 5018 / 2025 M/S Future Fabtech ANNEXURE – E Dated: 12.03.2024 Page No: [52 - 54] WP. No. 21244 / 2024 Order dated 07.08.2024 ANNEXURE K Pages: [66 - 68] - 17 - HC-KAR NC: 2025:KHC:27039 WP No. 14416 of 2025 C/W WP No. 2893 of 2025 WP No. 5016 of 2025 AND 6 OTHERS 5. WP 5415 / 2025 M/S Infra Fabtech ANNEXURE – E Dated: 12.03.2024 Page No: [56 - 58] WP. No. 21246 / 2024 Order dated 07.08.2024 ANNEXURE K Pages: [71 - 73] 6. WP 2893 / 2025 M/S Vishal Foods ANNEXURE – D Dated: 11.03.2024 Page No: [69 - 70] WP. No. 20984 / 2024 Order dated 05.08.2024 ANNEXURE K Pages: [83 - 85] 7. WP 5138 / 2025 M/S Sri Infrastructures ANNEXURE – E Dated: 12.03.2024 Page No: [52 - 53] WP. No. 21503 / 2024 Order dated 08.08.2024 8. WP 5313 / 2025 M/S Uday Infrastructures ANNEXURE – E Dated: 12.03.2024 Page No: [76 - 78] WP. No. 21226 / 2024 Order dated 07.08.2024 ANNEXURE K Pages: [88 - 90] 9. WP 14416/2025 M/s Shree Shyam Infra Annexure-D Dated: 12.03.2024 Page No. [53-54] W.P. 21213/2024 Order dated 07.08.2024 ANNEXURE-K Pages [66-69] 3. It is stated that this Court had disposed off the writ petitions with a direction to the respondent - - 18 - HC-KAR NC: 2025:KHC:27039 WP No. 14416 of 2025 C/W WP No. 2893 of 2025 WP No. 5016 of 2025 AND 6 OTHERS Karnataka Industrial Areas Development Board (KIADB) to consider the recommendation made by the DLSWCC in favour of the petitioners and subject to availability of land and petitioners' compliance with other legal requirements, the respondent - KIADB was directed to issue land allotment letters for the respective plots as specified in the interim orders. It is further submitted that the petitioners are entitled for priority in terms of the notification of the Government of Karnataka dated 29.01.2021. It is the case of the petitioners that despite several representations and orders passed by this Court, no action has been taken by the KIADB to make allotments. 4. Sri. Dildar Shiralli, learned counsel appearing for the KIADB would submit that statement of objections have been filed in few of the matters in the present batch of writ petitions and the stand taken in the statement of objections is more or less a common stand with respect to all the writ petitions. It is further submitted that there is - 19 - HC-KAR NC: 2025:KHC:27039 WP No. 14416 of 2025 C/W WP No. 2893 of 2025 WP No. 5016 of 2025 AND 6 OTHERS no land as of now available in ITIR, Devanahalli General Industrial Area. 5. Learned counsel appearing for the petitioners during the course of arguments had drawn attention to the Layout of the KIADB at Adinarayana Hosahalli Phase-2. and submits that the said industrial layout is adjacent to that of Devanahalli General Industrial Area layout and the case of the petitioners may be considered as regards the said industrial layout. 6. Learned counsel for the respondent - KIADB submits that if the Court were to direct, the same would be considered in accordance with law as regards the request of the petitioners for allotment of sites in Adinarayana Hosahalli Industrial Layout. He further submits that as regards some of the petitioners, the respondent - KIADB was agreeable to allot an extent of ½ acre. - 20 - HC-KAR NC: 2025:KHC:27039 WP No. 14416 of 2025 C/W WP No. 2893 of 2025 WP No. 5016 of 2025 AND 6 OTHERS 7. As regards such proposal, learned counsel appearing for the petitioners submits that the approval by the DLSWCC was as regards 1 acre and the offer of the respondent - KIADB would not meet the needs of the petitioners and accordingly, they are not in a position to accept such offer. 8. Heard both sides. 9. Insofar as the facts as narrated above, there are no disputes. The applications of the petitioners having been cleared by the DLSWCC and resolution passed in the committee proceedings for allotment of 1 acre plot on 12.03.2024 remains to be fructified due to absence of allotment by the KIADB. The stand of the respondent - KIADB is that there is no land available for allotment in terms of the recommendation of the DLSWCC. Such stand is noticed in the averments made in the statement of objections filed by respondent - KIADB. The perusal of Para No.9 of the statement of objections in - 21 - HC-KAR NC: 2025:KHC:27039 WP No. 14416 of 2025 C/W WP No. 2893 of 2025 WP No. 5016 of 2025 AND 6 OTHERS W.P.No.2893/2025 would reveal the same. That you have to point out. 10. Insofar as the offer of the respondents as averred in their statement of objections filed in W.P.No.2893/2025 that they are agreeable to allot half an acre of land, is an offer which if not accepted by the petitioners cannot be faulted as the recommendation made by the DLSWCC was itself for allotment of 1 acre. Insofar as the allotment of land in Adinarayana Hosahalli Phase-2, taking note of the stand of the learned counsel for respondent, it would be approrpaite to pass a direction to the respondent - KIADB to take note of the seniority of applications of the petitioners in these matters and consider their allotments subject to fulfillments of other criteria as regards Adinarayana Hosahalli Phase-2. Such direction is passed taking note of the facts that the petitioners' applications though approved on 12.03.2024, still remains to be acted upon as well as taking note of the stand of the KIADB that there is no land available in ITIR, - 22 - HC-KAR NC: 2025:KHC:27039 WP No. 14416 of 2025 C/W WP No. 2893 of 2025 WP No. 5016 of 2025 AND 6 OTHERS Devanahalli General Industrial Area, Devanahalli Taluk, Bangalore Rural District coupled with the stand of the KIADB that they are open for consideration for allotment at Adinarayana Hosahalli Phase-2 if the court were to pass directions. 11. Accordingly, the following order is passed: ORDER (a) The alternative prayer of the petitioners for allotment in Adinarayana Hosahalli Phase-2 is to be considered by respondent - KIADB taking note of the recommendation of the DLSWCC. (b) Though recommendation relates to allotment at ITIR, Devanahalli General Industrial Area, Devanahalli Taluk, Bangalore Rural District, the request of the petitioners ought to be now considered at Adinarayana Hosahalli Phase-2 subject to fulfillment of all other requirements. (c) Needless to state the consideration of petitioners' applications are subject to availability of land as well. - 23 - HC-KAR NC: 2025:KHC:27039 WP No. 14416 of 2025 C/W WP No. 2893 of 2025 WP No. 5016 of 2025 AND 6 OTHERS (d) However, it is clarified that the applications of the petitioners having been made during the year 2024, it would be equitable and necessary that appropriate priority is given taking note of the seniority of the date of application as regards to the earlier layout. (e) The applications of the petitioners may be considered in the next meeting of the *DLSWCC/DIC regarding allotments to be made at Adinarayana Hosahalli Phase-2. (f) The moulding of relief is made taking note of the objective of the policy under which allotments are recommended by the DLSWCC and the need that there has to be expeditious response of the Government if that is the objective of the scheme as is made out from the documents produced before this Court. In light of the above, the writ petitions are disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE VP *corrected vide Court order dated 25.07.2025