IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14th DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT APPEAL NO.1679 OF 2008 (LA - BDA) BETWEEN :
SMT. MALINI K. W/O.SHIVAKUMAR AGED ABOUT 48 YEARS R/AT.NO.180, PIPELINE ROAD, SRINAGAR, BENGALURU-560 050 (BY SRI V. VIJAYASHEKARA GOWDA, ADV.,) AND :
... APPELLANT 1. THE STATE OF KARNATAKA REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT, VIDHANA SOUDHA, BENGALURU-560 001 2. STATE OF KARNATAKA DEPT. OF COMMERCE & INDUSTRIES M S BUILDING, BENGALURU-560 001, REP. BY ITS SECRETARY 3. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD RASHTROTANA PARISHAD BUILDING, NRUPATHUNGA ROAD, BENGALURU-560 001 REP. BY ITS CHAIRMAN 4. THE SPECIAL LAND ACQUISITION OFFICER KIADB, NO.14/3, 1ST FLOOR RASHTROTHANA PARISHAT BUILDING, NRUPATHUNGA ROAD, BENGALURU-560 001 5. M/S. SUPREME BUILD CAP (P) LTD NO.117, 3RD MAIN, II STAGE DOMLUR, BENGALURU-71 REP BY ITS MANAGING DIRECTOR 6. SRI. B. M. RAMAIAH REDDY S/O LATE. MUNIYAPPA AGED ABOUT 63 YEARS 7. SMT. N. LAKSHMI W/O B.M. RAMAIAH REDDY AGED ABOUT 56 YEARS 8. SMT. VINUTHA D/O B. M. RAMAIAH REDDY AGED ABOUT 39 YEARS RESPONDENTS NO.6 TO 8 ARE R/AT DEVARABISANAHALLI VARTHUR HOBLI BENGALURU EAST TALUK BENGALURU.
... RESPONDENTS (BY SRI S.S.MAHENDRA, AGA. FOR R1 & R2 SRI P.V.CHANDRASHEKAR, ADV. FOR R3 & R4 SRI H.R.NARAYANA RAO ADV. FOR SRI P.N.RAJESWARA, ADV. FOR R5 NOTICE TO R6, R7 AND R8 IS SERVED BUT UNREPRESENTED) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.7909/2006 DATED 6/6/2008 ETC.
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, P.S. DINESH KUMAR J., MADE THE FOLLOWING:
ORDER Heard Sri V. Vijayashekara Gowda, learned advocate for the appellant, Shri. S.S. Mahendra, learned Additional Government Advocate for the State, Sri P.V.Chandrashekar, learned advocate for respondents No.3 and 4, Sri H.R.Narayana Rao, learned advocate for respondent No.5 and perused the records.
2. Though this appeal connected with W.A.No.1979/2009 were initially filed by two appellants, it is seen that the appeal filed by second appellant, Sri K. Manjunath, has been dismissed as withdrawn on 14.07.2009. Therefore, the present appeal is considered on behalf of first appellant – Smt. Malini K.
3. For the sake of convenience, parties are referred to as they are referred to in the writ petition.
4. Petitioner filed the writ petition challenging the Notification dated 27.12.2003 (Annexure ‘G’) issued under Section 1(3) of the Karnataka Industrial Areas Development Board Act (for short ‘the Act’) followed by Notification dated 24.03.2004, issued under Section 28(4) of the Act.
5. Writ Petition has been rejected mainly on the ground that the petitioners had filed the writ petition after lapse of two years. The Hon’ble Single Judge has recorded that there was delay and laches in filing the writ petition and that petitioners had alienated major portion of the land under registered sale deed in favour of one M/s.Ferns Builders and Developers. On consideration of the material on record, the Hon’ble Single Judge has also recorded that the petitioners have suppressed material fact that they had sold the property before approaching this Court.
6. Learned advocate for the petitioner submits that only some portion of the land is sold and the petitioner continues in possession of remaining portion of land.
7. Learned advocate for respondent No.5 submits that the possession of land was taken over by Karnataka Industrial Area Development Board and allotted to respondent No.5.
8. We have considered the rival submissions and perused the records.
9. The Hon’ble Single Judge has recorded that the scheme has been completed and the petitioners have come to this Court belatedly and suppressed the material facts in the writ petition.
10. In the circumstance, we find no error or irregularity in the order passed by the Hon’ble Single Judge and find no good ground to interfere. Resultantly, this appeal fails and it is accordingly dismissed.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE nvj