Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010207762022 NC: 2026:KHC:42464 WP No. 9217 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 9217 OF 2022 (GM-RES) BETWEEN:
SMT. P. GEETHALAKSHMI W/O S.R. PRAKASH, AGED ABOUT 45 YEARS, R/AT UMAN ENTERPRISES, PRAJNADHAMA, 2ND MAIN, GANDHINAGAR, TUMKUR-572 102. …PETITIONER (BY SRI. SATHISHA D J.,ADVOCATE)
AND:
1.
THE DEPUTY COMMISSIONER TUMKUR DISTRICT, TUMKUR - 572 103.
2.
THE MANAGING DIRECTOR KARNATAKA SMALL SCALE INDUSTRIES DEVELOPMENT CORPORATION LTD, A.O. BUILDING, INDUSTRIAL ESTATE, RAJAJINAGAR, BANGALORE 560 010.
3.
ASSISTANT GENERAL MANAGER KARNATAKA SMALL SCALE INDUSTRIES DEVELOPMENT CORPORATION LTD, K.S.S.I.D.C INDUSTRIAL ESTATE, B.H.ROAD, TUMKUR - 572 103.
Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010207762022 NC: 2026:KHC:42464 WP No. 9217 of 2022
…RESPONDENTS (BY SRI. SRINIVAS KUMAR M., HCGP;
SRI. SHISHIRA AMARNATH .,ADVOCATE FOR R2 AND R3;
SRI. N.R. NAIK., ADVOCATE FOR IMPLEADING ON IA NO.3/2022)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ANNEXURE-D, ENDORSEMENT DATED 29.09.2021 ISSUED BY THE R3; DIRECT THE R2 AND 3 TO ALLOT THE SITE NO.SPL.104, INDUSTRIAL ESTATE, ANTHRASANAHALLI, TUMKUR IN FAVOUR OF THE PETITIONER.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
ORAL ORDER
1. Petitioner is before this Court seeking following reliefs: ''1) Issue a writ of certiorari ΟΣ any other appropriate writ, order or direction, quashing the Annexure-D, Endorsement dated 29/9/2021 bearing no. Kywa:Thuma:Am.Halli:Niveshana:Special- 104:2021-22/434, issued by the 3rd respondent in the interest of justice and equity. 2) Issue a writ of mandamus or any other appropriate writ order or direction, directing to the respondents No.2 and 3 to allot the site no.Spl.104, Industrial Estate, Anthrasanahalli, Tumkur, in favour of the petitioner in the interest of justice and equity. 3) Grant such other and further relief as this Hon'ble Court deems fit and proper under the facts and circumstances of the case, in the interest of justice and equity.''
2. Petitioner had made an application for allotment of plot to the respondent No.2-Corporation on 23.09.2014 as per Annexure- A. Petitioner also claimed to have paid a sum of Rs.1,07,000/- by way of demand draft on 22.09.2014 and another sum of
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HC-KAR
CNR: KAHC010207762022 NC: 2026:KHC:42464 WP No. 9217 of 2022
Rs.5,562/- on the very same day by way of demand draft as per Annexure-B. The petitioner had purportedly followed up with the respondent-Authorities resulting in issuance of endorsement dated 29.09.2021 as per Annexure-D, declining to consider the request of the petitioner for allotment of plot has resulted in petitioner to approach this Court. 3. Learned counsel for the petitioner appearing through video conference submits that respondent-Authorities have neither denied nor have refused to allot the plot. However, they have given a reason of pendency of a suit in O.S.No.53/2020 filed by certain Sri. Sevanth Vasudev, in which, there is an order of restraint. As such, they are unable to allot the plot. He submits such a reason cannot be accepted when the petitioner has been waiting for allotment of plot for over 13 years. Hence seeks for issuance of direction. 4. Learned counsel for the respondent No.2-Corporation furnishes copy of an order dated 24.06.2026 passed by this Court in W.P.No.10032/2022, in which said Sri. Sevanth Vasudev had sought for similar direction, which is declined by this Court, reserving liberty to said person to make application in the normal course to be considered by the respondent-Authorities.
He submits if a direction is issued to the petitioner to approach
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HC-KAR
CNR: KAHC010207762022 NC: 2026:KHC:42464 WP No. 9217 of 2022
the respondent No.2-Corporation and if the petitioner satisfies the eligibility criteria, same will be considered in accordance with law. 5. Submissions placed on record. 6. The endorsement dated 29.09.2021 as per Annexure-D recognizes petitioner having made an application for allotment of a plot bearing Special plot No.104 and having paid Rs.1,07,000/- towards advance
consideration. The endorsement merely says that since certain Sri. Sevanth Vasudev, had sought for allotment of said Special plot No.104, which is situated adjacent to the plot already allotted in his favour bearing No.94, the Deputy Commissioner had issued instruction to maintain status-quo and not to allot special plot No.104 to anyone. The said endorsement further refers to an interim
order of injunction purportedly passed in O.S.No.53/2020.
7. It is these two circumstances pleaded by the respondent No.2- Corporation, of not being able to allot this site to the petitioner. In other words, respondent No.2-Corporation has not denied the entitlement to the petitioner.
8. In that view of the matter, following:
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HC-KAR
CNR: KAHC010207762022 NC: 2026:KHC:42464 WP No. 9217 of 2022
ORDER (i) Petition is disposed of. (ii) The respondent No.2-Corporation to take into
consideration of the status of the order passed by the Deputy Commissioner as well as the order passed in O.S.No.53/2020. (iii) Upon, considering the case of the petitioner and if the petitioner is found eligible for allotment of the site in Special Plot No.104, appropriate order shall be passed by one way or other and shall be communicated to petitioner within an outer limit of six months from the date of receipt of certified copy of this order.
SD/- (M.G.S. KAMAL) JUDGE
RL List No.: 1 Sl No.: 10