IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO.9106 OF 2017 (GM-KIADB) BETWEEN:
M/S. PAUL INDUSTRIES, NO.489, 11TH CROSS, 8TH MAIN, 2ND PHASE, GIRINAGAR, BENGALURU-560085. (REPRESENTED BY ITS PARTNER SMT. K.NAGALAKSHMI AITHAL) ... PETITIONER (BY SRI. K.S.GANESHA, ADVOCATE) AND:
1. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, A GOVERNMENT OF KARNATAKA UNDERTAKING, HAVING ITS REGISTERED OFFICE AT NO.49, 4TH & 5TH FLOOR, “EAST WING’, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560001.
BY ITS CHIEF EXECUTIVE OFFICER.
2. THE DEVELOPMENT OFFICER-1 AND EXECUTIVE ENGINEER, RANGE OFFICE, KIADB, ARAVINDA BHAVANA, NRUPATUNGA ROAD, BENGALURU-01.
... RESPONDENTS (BY SRI. B.B.PATIL, ADVOCATE FOR C/R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 23.01.2017 PASSED BY THE R1 VIDE ANNEXURE-D AND GRANT AN INTERIM ORDER TO STAY ALL FURTHER PROCEEDINGS PURSUANT TO THE IMPUGNED ORDER DATED 23.01.2017 PASSED BY THE R1 VIDE ANNEXURE-D.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER I have heard the learned counsel for the parties to the lis.
2. The learned counsel for the petitioner rightly submits that the issue involved in the present case has already been heard and disposed off before this court dated 12.06.2019 made in W.P.No.2166/2017. Following the said judgment, the present writ petition is also allowed. The impugned order dated 23.01.2017 made in No.KIADB/HO/ALLOT/17484/16407/16-17 passed by the 1st respondent as per Annexure ‘D’ is hereby quashed. The matter is remitted to the 1st respondent for reconsideration and to pass appropriate orders after providing an opportunity to the petitioner strictly in accordance with law.
SD/- JUDGE sd/-