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2025 DAILYLAW 8924 (KAR)

MADHURI v. MANAGING DIRECTOR AND ORS

WP/200734/2024 · 2025-03-25

Chillakur Sumalatha

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Judgment text

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- 1 - NC: 2025:KHC-K:1918 WP No. 200734 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.200734 OF 2024 (GM-KSSIDC) BETWEEN: MADHURI D/O PAVAN KUMAR NOW MADHURI W/O SANTHPURKAR RAJU AGE: 31 YEARS OCC: BUSINESS R/O: # 1-9, CHALKAPUR TQ: BHALKI, DIST: BIDAR – 585 414. …PETITIONER (BY SRI. PREETAM DEULGAONKAR, ADVOCATE) AND: 1. MANAGING DIRECTOR KARNATAKA STATE SMALL INDUSTRIES DEVELOPMENT CORPORATION CORPORATE OFFICE, INDUSTRIAL ESTATE RAJAJI NAGAR WEST OF CHORD ROAD BENGALURU – 560 023. 2. AGM, KSSIDC KALABURAGI DIVISION INDUSTRIAL ESTATE MSK MILL ROAD JEWARGI CROSS KALABURAGI - 585 103. Digitally signed by LUCYGRACE Location: High Court Of Karnataka - 2 - NC: 2025:KHC-K:1918 WP No. 200734 of 2024 3. JOINT DIRECTOR DISTRICT INDUSTRIES CENTRES NEAR KSRTC WORKSHOP NAUBAD, BIDAR – 585 401. 4. DEPUTY COMMISSIONER OFFICE OF D. C. BIDAR – 585 401. 5. TAHASILDAR TAHASILDAR OFFICE HUMNABAD, DIST. BIDAR – 585 401. …RESPONDENTS (BY SRI CHAITANYAKUMAR CHANDRIKI, ADV. FOR R1 & R2; SRI. MAQBOOL AHMAD, AGA FOR R3 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS FOR APPROPRIATE DIRECTIONS TO THE RESPONDENTS TO CONSIDER REPRESENTATIONS OF THE PETITIONER TO THE 1ST, 2ND AND 4TH RESPONDENTS DATED 04-11-2023, RESPECTIVELY PRODUCED HEREWITH AS ANNEXURE-F, ANNEXURE F-1, AND ANNEXURE F-2 AND TO PASS THE SUITABLE ORDERS AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER (PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri.Preetam Deulgaonkar, learned counsel for the petitioner, Sri.Chaitanyakumar Chandriki, learned counsel for respondent Nos.1 and 2 and learned Additional - 3 - NC: 2025:KHC-K:1918 WP No. 200734 of 2024 Government Advocate who represents respondent Nos.3 to 5. 2. This petition is filed seeking the Court to issue a writ in the nature of mandamus directing the respondents to consider the representation of the petitioner and to pass appropriate orders. 3. Learned counsel for the petitioner Sri.Preetam Deulgaonkar submits that the petitioner was allotted a plot at Humnabad Industrial Estate Area and a lease-cum-sale agreement was also executed in her favour by Karnataka State Small Industries Development Corporation. The petitioner was granted permission for construction of industrial unit in the said plot. While the petitioner was about to start the construction, an unauthorized person by name Sanjukumar interfered with the possession of the petitioner and obstructed her enjoyment. Though the construction was taken up, yet the petitioner is unable to enjoy the possession of the property peacefully. Therefore, the petitioner brought the matter to the notice - 4 - NC: 2025:KHC-K:1918 WP No. 200734 of 2024 of respondent Nos.1, 2 and 4 requesting them to look into the issue and to protect her rights. However, they did not respond. The representations given by the petitioner including the one given on 04.11.2023 are pending before the said respondents till now. Having no other recourse, the petitioner filed the present writ petition seeking a direction to the respondents to look into the issue. 4. Respondent Nos.3 to 5 being represented by learned Additional Government Advocate failed to state as to why the representations given by the petitioner were not considered. When the petitioner has projected her grievance by way of representation, it is incumbent on the part of concerned authorities to look into the issue and pass appropriate orders strictly in accordance with law. But for the reasons best known, respondent Nos.1, 2 and 4 did not do so. Therefore, this Court is of the view that a direction as sought for is required to be issued. Hence, writ petition is disposed of with the following: - 5 - NC: 2025:KHC-K:1918 WP No. 200734 of 2024 ORDER i. Respondent Nos.1, 2 and 4 are directed to consider the representation that was given by the petitioner dated 04.11.2023 and pass appropriate orders within a period of eight weeks from the date of receipt of copy of this order. ii. The decision taken and the order passed be communicated to the petitioner. Sd/- (Dr.CHILLAKUR SUMALATHA) JUDGE VNR List No.: 1 Sl No.: 68 Ct:NI