IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.54708 OF 2016 (GM-RES) BETWEEN:
ODDISSI DANCE CENTRE TRUST A REGISTERED CHARITABLE TRUST, HAVING ITS REGISTERED ADDRESS AT 13, ADVENT, GENERAL JAGGANNATH BHOSLE ROAD MUMBAI - 400021 HAVING ITS OPERATIONS AT “NRITYAGRAM”, HESARGHATTA, BANGALORE REPRESENTED BY ITS MANAGING TRUSTEE ... PETITIONER (BY SMT. JAYNA KOTHARI, SENIOR COUNSEL FOR SRI. ROHAN KOTHARI, ADV.) AND 1. STATE GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BANGALORE - 560001 REPRESENTED BY ITS CHIEF SECRETARY 2. KARNATAKA FILM INDUSTRY AND DEVELOPMENT CORPORATION LTD., SREE KANTEERAVA STUDIO PREMISES, KANTEERAVA NAGAR, BENGALURU - 560096.
REPRESENTED BY ITS MANAGING DIRECTOR 3. DEPUTY SECRETARY DEPARTMENT OF ANIMAL HUSBANDRY & FISHERIES VIDHANA SOUDHA BENGALURU - 560001.
4. COMPETENT OFFICER AND DEPUTY DIRECTOR OFFICE OF THE DEPUTY DIRECTOR, LIVESTOCK BREEDING FARM, HESARGHATTA, BANGALORE - 560089 5. COMMISSIONER DEPARTMENT OF ANIMAL HUSBANDRY AND VETERINARY SERVICES, MULTISTOREYED BUILDING, BANGALORE - 560001 ... RESPONDENTS (BY SRI. Y. D. HARSHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 22.04.2015 ANNEXED HEREIN AS ANNEX-L ISSUED BY R-1 TO THE EXTENT THAT IT CANCELS THE LEASE ISSUED IN FAVOUR OF R-2 KFIDC FOR THE ENTIRE PROPERTY INCLUDING THE SCHEDULE PROPERTY; QUASH THE ORDER DATED 20.09.2016 ANNEXED HEREIN AS ANNEX-R ISSUED BY R-4 CANCELLING THE LEASE IN FAVOUR OF THE PETITIONER; QUASH THE SHOW CAUSE NOTICE DATED 04.10.2016 ANNEXED HEREIN AS ANNEX-S ISSUED BY R-3 AS BEING WITHOUT JURISDICTION; DRIECT RESPONDENTS TO CONTINUE AND RENEW THE PETITIONER'S LEASE AFTER 18.11.2017.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Smt. Jayna Kothari, learned Senior Counsel for the petitioner with Sri. Rohan Kothari, learned counsel for the petitioner.
Sri. Y. D. Harsha, learned Additional Government Advocate for the respondents.
2. The petitioner has filed this writ petition for the following reliefs:
(A) Issue a writ of certiorari to quash the order bearing No.PaSamMe 5 AmaBhu 2005 dated 22.04.2015 annexed herein as Annexure-L issued by the 1st respondent to the extent that it cancels the lease issued in favour of the 2nd respondent KFIDC for the entire property including the schedule property;
(B) Issue a writ of certiorari to quash the order bearing No.UNi.Jasam.kshehe:sibbandi-1/ Odyssey Dance Centre.2016-17/149 dated 20.09.2016 annexed herein as Annexure-R issued by the 4th respondent cancelling the lease in favour of the petitioner (C) Issue a writ of certiorari to quash the show cause notice dated 04.10.2016 annexed herein as Annexure-S issued by the 3rd respondent as being without jurisdiction;
(D) Issue a writ of mandamus or any other writ directing the respondents to continue and renew the petitioner’s lease after 18.11.2017.
3. When the matter was taken up today, learned Senior Counsel for the petitioner submits that the State Government has passed an order on 26.03.2018 which reads as under:
“The proposal is verified thoroughly and as per the Sachiva Samputda decision 10 acres land is given on Sub lease basis to Odissi Dance Centre (Nrityagrama) for a period of thirty years fixed at Rs.10,000/- per acre and it is ordered to be continued and the terms and conditions regarding this shall be issued separately.”
It is further submitted that in view of the aforesaid Government Order, nothing survives for adjudication in this petition and this petition be disposed of with a direction to the competent authority to issue an order with regard to the terms and conditions of the lease separately as directed in the order dated 26.03.2018.
4. On the other hand Sri. Y. D. Harsha, learned Additional Government Advocate for the respondents, submits that suitable decision in this regard shall be taken within such time as may be directed by this Court.
5. In view of the aforesaid submissions and in view of the order dated 26.03.2018, nothing survives for adjudication in this writ petition as the respondents have taken a decision in principle to grant the land on lease as indicated in the order dated 26.03.2018.
6. Accordingly the writ petition is disposed of with a direction to issue the lease deed and to set out the terms and conditions in that behalf in the lease deed which may be issued by the respondents within a period of four months from today.
Sd/- JUDGE RD