IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.49364/2014 AND WRIT PETITION NO.49369/2014 (LA-KIADB) BETWEEN 1. G.S. SHIVAKUMAR S/O SANGAPPA PATEL, AGED ABOUT 54 YEARS, 2. BORAPPA S/O LATE SIDDAPPA, AGED ABOUT 50 YEARS, PETITIONERS NO.1 & 2 ARE RESIDENTS OF NAVILEBASAVAPURA VILLAGE, KASABA HOBLI, BHADRAVATHI TALUK, SHIMOGA DISTRICT-577301.
W.P. NO.49364/2014 W.P. NO.49369/2014 .. PETITIONERS (BY SRI.S.V.PRAKASH, ADVOCATE) AND 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF INDUSTRIES & COMMERCE, VIDHANA SOUDHA, BENGALURU -01.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, ( A GOVERNMENT OF KARNATAKA UNDERTAKING), NO. 14/3, 2ND FLOOR, R.P. BUILDING, NRUPATHUNGA ROAD, BENGALURU-560001.
REPRESENTED BY ITS MANAGING DIRECTOR.
3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, INDUSTRIAL AREA, BYKAMPADI, MANGALORE-575011.
4. ASSISTANT SECRETARY KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, ZONAL OFFICE, KARUR INDUSTRIAL AREA, PLOT NO. CAJ(1-B), P.B. ROAD, DAVANAGERE-577006.
5. DEPUTY COMMISSIONER SHIMOGA DISTRICT, SHIMOGA CITY-577201.
6. ASSISTANT COMMISSIONER SHIMOGA SUB-DIVISION, SHIMOGA CITY-577201.
7. B.G. VASAPPA GOWDA S/O G. GANGAIAH AGED ABOUT 56 YEARS, "PADHMA NILAYA" LAKKAPPA LAYOUT KASHIPURA, SHIMOGA CITY-577203.
8. S.G. SUNIL S/O GOPALA KRISHNA, AGED ABOUT 40 YEARS, NO. 392, "SRI MANJUNATHA KRUPA” 2ND BLOCK, VINOBANAGARA, SHIMOGA CITY-577203.
9. M/S. E. RAMAMURTHY MINERALS AND METALS PRIVATE LTD., ( A COMPANY INCORPORATED) NO. 59, 12TH MAIN, (OLD 24TH MAIN), B.S.K. IST STAGE, IST BLOCK, SRINAGAR, BENGALURU -50.
REPRESENTED BY ITS MANAGING DIRECTOR.
10. GENERAL MANAGER M/S E. RAMAMURTHY MINERALS AND METALS PRIVATE LTD., NAVILEBASAVAPURA VILLAGE, POST: BIDARE, BHADRAVATHI TALUK, SHIMOGA DISTRICT:577301. … RESPONDENTS [BY SRI.ASHOK NAIK, ADVOCATE FOR R2 – R4; SMT.VAISHALI HEGDE, ADVOCATE FOR R7, R9 & R10; SRI.DILDAR SHIRALLI, HCGP FOR R1, R5 & R6;
R8 – SERVED AND UNREPRESENTED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (i) QUASH THE NOTIFICATION ISSUED BY THE RESPONDENT NO.2 DATED 15.10.2007 DECLARING THE LANDS MEASURING 120 ACRES 13 GUNTAS SITUATED AT NAVILEBASAVAPURA VILLAGE IN BHADRAVATHI TALUK, SHIMOGA DISTRICT AND 2 ACRES 16 GUNTAS OF LAND SITUATED AT HONNAVILE VILLAGE, SHIMOGA TALUK AS INDUSTRIAL AREA IN TERMS OF SECTION 3(1) AND 1(3) OF KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD ACT VIDE ANNEXURE – B TO THESE WRIT PETITIONS AND ETC., THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The memo filed by the petitioners seeking deletion of petitioner No.4 in W.P.No.49364/2014 and also petitioner No.9 in W.P.No.49369/2014 is accepted and accordingly, these writ petitions as against the said petitioners stand dismissed.
Sd/- JUDGE KPS