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2026 DAILYLAW 26163 (KAR)

MR. PRADEEP M v. KARNATAKA INDUSTRIAL DEVELOPMENT BOARD

WP/15888/2022 · 2026-06-29

M G S Kamal

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:32128 WP No. 15888 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 15888 OF 2022 (GM-KIADB) BETWEEN: MR. PRADEEP M S/O LNM PRASAD AGED ABOUT 40 YEARS RESIDING AT: 810 GROUND FLOOR 7TH MAIN, 7TH SECTOR HSR LAYOUT BANGALORE-560 102. …PETITIONER (BY SRI. HEMANTH R RAO.,ADVOCATE) AND: 1. KARNATAKA INDUSTRIAL DEVELOPMENT BOARD A GOVERNMENT OF KARNATAKA UNDERTAKING HAVING ITS OFFICE AT NO.49 4TH AND 5TH FLOORS EAST WING KHANIJA BHAVAN RACE COURSE ROAD BANGALORE-560 001. REPRESENTED BY ITS JOINT DIRECTOR. 2. STATE OF KARNATAKA REPRESENTED BY ITS DEPARTMENT FOR THE EMPOWERMENT OF DIFFERENTLY ABLED AND SENIOR CITIZENS HAVING ITS OFFICE AT :PODIUM BLOCK VISHVESWARAIAH TOWER DR AMBEDKAR ROAD BANGALORE-560 001 REPRESENTED BY ITS DIRECTOR. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32128 WP No. 15888 of 2022 3. STATE OF KARNATAKA REPRESENTED BY ITS DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT HAVING ITS OFFICE AT 2ND FLOOR M S BUILDING DR B R AMBEDKAR VEEDHI BANGALORE-560 001. REPRESENTED BY ITS DIRECTOR. 4. STATE OF KARNATAKA REPRESENTED BY ITS DEPARTMENT OF INDUSTRIES AND COMMERCE 2ND FLOOR, 49, KHANIJA BHAVAN RACE COURSE ROAD RACE COURSE GANDHI NAGAR BENGALURU, KARNATAKA - 560 001 REPRESENTED BY ITS CHIEF SECRETARY. 5. STATE OF KARNATAKA REPRESENTED BY ITS DEPARTMENT OF FINANCE NO.255, VIDHANA SOUDHA AMBEDKAR BHEEDI, SAMPIGI RAMNAGAR BENGALURU, KARNATAKA - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. …RESPONDENTS (BY SRI. B.S. SUDHINDRA.,ADVOCATE FOR R1; SRI. SHASHI KIRAN SHETTY, ADVOCATE GENERAL A/W SRI. MAHANTESH SHETTAR., AGA FOR R2, R3, R4 & R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R2 TO COMPLY WITH SECTION 37 OF THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016 BY FORMULATING - 3 - HC-KAR NC: 2026:KHC:32128 WP No. 15888 of 2022 A POLICY OF RESERVATION AND CONCESSION FOR PERSONS WITH DISABILITIES AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER The petitioner who has 45% of locomotor disability and a person with benchmark disability as per Section 2(r) of the Rights of Persons With Disabilities Act, 2016 (Act, 2016 for short) is before this Court seeking following reliefs; "A. Issue an appropriate writ, order, or direction in the nature of mandamus directing the Respondent No.2 to comply with Section 37 of the Rights of Persons with Disabilities Act, 2016 by formulating a policy of reservation and concession for persons with disabilities. B. Consequently, direct the Respondent No.1 to provide 75% concession on the land allotted to the Petitioner vide Allotment Letter dated 22.07.2022 Annexure-0 produced at Annexure without charging any penal interest." 2. The main grievance of the petitioner is that respondent-KIADB being a statutory body set-up under the Karnataka Industrial Areas Development Act, 1966 for the purpose of promotion and establishment of orderly development of the industrial area had not formulated a policy - 4 - HC-KAR NC: 2026:KHC:32128 WP No. 15888 of 2022 in terms of Section 37 of the Act, 2016. That the petitioner had made repeated representations to respondent -KIADB which have not been responded to till date. 3. Learned Advocate General files a memo dated 29.06.2026 along with internal departmental communication dated 25.06.2026 along with a proposal submitted by the Administrative Department to the Finance Department. Referring to the said documents, learned Advocate General submits that with regard to the policy the State has taken decision to give effect to the provisions of Act, 2016, particularly in allotment of the industrial plots. He submits that the proposal is likely to get approval within an outer limit of about 60 days. He further submits soon thereafter all the cases like that of the petitioner will be considered in accordance with law. 4. Submission is taken on record. 5. At this juncture learned counsel for the petitioner submits that the petitioner was called upon to make the payment by the respondent-KIADB in terms of Annexure-O, - 5 - HC-KAR NC: 2026:KHC:32128 WP No. 15888 of 2022 and seeks for necessary direction to the respondent-KIADB not to insist upon untill the respondent-State given effect to the proposed Policy. 6. In the light of the submission made by learned Advocate General, the grievance of the petitioner appears to have been addressed. Petition is disposed of accordingly, reserving liberty to the petitioner to seek such relief if agreed after approval by the respondent-State and implementation of the Policy as submitted by the learned Advocate General. The respondent-KIADB shall not insist for payment in terms thereof untill, after expiry of 60 days from the date of implementation of the Policy now sought to be proposed. SD/- (M.G.S. KAMAL) JUDGE RU List No.: 1 Sl No.: 62