IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.42255/2017(GM-KIADB) BETWEEN:
M/S S. S. FOOD PRODUCTS SWAMY OFSET PRINTERS CHIKKPET, TUMKUR BY ITS PROPRIETOR SRI KUMARASWAMY AGED ABOUT 42 YEARS ... PETITIONER (BY SRI BASAVARAJ T., ADVOCATE) AND:
1. CHIEF EXECUTIVE OFFICER & EXECUTIVE MEMBER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO 14/3, 2ND FLOOR, R. P. BUILDING, NRUPATHUNGA ROAD, BANGALORE – 560001.
2. THE DEVELOPMENT OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD TUMKUR DISTRICT TUMKUR-572101.
3. DEPUTY DEVELOPMENT OFFICER, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD TUMKUR DISTRICT TUMKUR-572101.
... RESPONDENTS (BY SRI BASAVARAJ V. SABARAD, ADVOCATE FOR R1-R3) **** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT/S, DIRECTION/S, ORDER/S AGAINST THE RESPONDENTS DIRECTING THEM TO EXECUTE THE ABSOLUTE LEASE CUM SALE DEED AND HAND OVER THE POSSESSION OF THE INDUSTRIAL PLOT NO.92, PART (CA) CORNER) MEASURING 794 SQ. METERS OF LAND AT ANTHARASANAHALLY INDUSTRIAL AREA 1ST PHASE, TUMKUR DISTRICT AND COMPLETE THE PROCESS OF REGISTRATION FORTH WITH.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner in the above writ petition has sought for the following reliefs:
“Issue a writ of mandamus or any other writ/s direction/s, order/s, against the respondents directing them to execute the absolute lease cum sale deed and hand over the possession of the Industrial Plot No.92, Part (CA) (corner) measuring 794 sq. meters of land at Antharasanahally Industrial Area 1st Phase, Tumkur district and complete the process of registration forthwith.”
2. When the matter is posted today, Sri T. Basavaraj, learned counsel for the petitioner has filed memo along with the letter dated 17.5.2019 issued by the respondents regarding execution of lease-cum-sale deed in favour of the petitioner in respect of industrial Plot No.92, Part (CA)(corner) measuring 794 square meters of land at Antharasanahally Industrial Area 1st Phase, Tumkur. Therefore the petitioner prays to dispose of the writ petition in terms of the above letter.
3. The memo is duly signed by the petitioner as well as the learned counsel for the petitoner.
4. The memo and the letter dated 17.5.2019 issued by the respondent – Karnataka Industrial Areas Development Board (‘KIADB’ for short), are placed on record.
Accordingly, this writ petition is disposed of with liberty to the petitioner to purse his remedy before the respondents in terms of the letter dated 17.5.2019 issued by the respondent – KIADB.
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JUDGE