IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.29453 OF 2019 (GM-KIADB) BETWEEN:
M/S. FIVE O INFRATECH PVT. LTD., A COMPANY INCORPORATED UNDER COMPANIES ACT HAVING ITS OFFICE AT NO.50 17TH CROSS, M.C.ROAD VIJAYANAGAR BANGALORE - 560 040 REPRESENTED BY ITS MANAGING DIRECTOR SRI ASHIK H.S.
S/O SRINIVAS AGED ABOUT 41 YEARS.
... PETITIONER (BY SRI.VEDACHALA M V, ADV.) AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF COMMERCE & INDUSTRIES AND CHAIRMAN KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD VIDHANA SOUDHA BENGALURU - 560 001.
2. THE JOINT DIRECTOR AND MEMBER SECRETARY DEPT. OF COMMERCE & INDUSTRIES DISTRICT INDUSTRIAL CENTRE BENGALURU RURAL DISTRICT DISTRICT LEVEL SINGLE WINDOW CLEARANCE COMMITTEE ROOM NO. 203 DISTRICT ADMINISTRATIVE BHAVAN BEERASANDRA VILLAGE, KUNDANA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT.
3. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD 4TH AND 5TH FLOORS, EAST WING KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU - 560 001 REP. BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE OFFICER.
... RESPONDENTS (BY SRI.V SHIVAREDDY, HCGP FOR R1 & R2 SRI P. V.CHANDRASHEKAR, ADV. FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-3 TO ALLOT 14 GUNTAS OF LAND IN SY.NO.46/1 SITUATED AT UDAYAGIRI VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT IN ACCORDANCE WITH THE APPROVAL GRANTED BY THE R-2, AS PER ANNX-C AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. M.V.Vedachala, learned counsel for the petitioner.
Sri. V.Shivareddy, learned High Court Government Pleader for the respondent Nos.1 and 2.
Sri.P.V.Chandrashekar, learned counsel for respondent No.3.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner inter alia seeks for a direction to the respondent No.3 to consider the representation submitted by the petitioner dated 12.12.2018 vide Annexure-H.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition may be disposed of with a direction to the respondent No.3 to consider the representation dated 12.12.2018 submitted by the petitioner in accordance with law.
4. On the other hand, learned High Court Government Pleader for respondent No.3 submitted that the representation submitted by the petitioner shall be dealt with in accordance with law, if not already decided.
5. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a direction to the competent authority to consider and decide the representation submitted by the petitioner, if not already decided, in accordance with law by a speaking order within a period of two months from the date of receipt of certified copy of the order passed today.
6. It is made clear that this Court has not expressed any opinion on merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE VMB