IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.33575 OF 2016 (GM-KIADB) BETWEEN:
M/S SANGAM SWEETS REPRESENTED BY ITS PROPRITOR SRI BHAGAWANJI HARISH AGED ABOUT 55 YEARS NO.86 & 87, 6TH CROSS, 2ND LANE GANDHINAGAR, BANGALORE-560 020.
(By Mr. RAKESH B, ADV., FOR Mr. CHANDRAKANTH PATIL, ADV.,) AND:
1. THE STATE OF KARNATAKA REP. BY ITS ADDL. CHIEF SECRETARY DEPT. OF INDUSTRIES & COMMERCE VIKAS SOUDHA, BANGALORE-560001.
2. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REP. BY ITS SECRETARY # 14/3, 2ND FLOOR R.P. BUILDING NRUPATHUNGA ROAD BANGALORE-560 001.
3. THE ASSISTANT SECRETARY … PETITIONER THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD 4TH AND 5TH FLOOR EAST WING, KHANIJA BHAVAN RACE COURSE ROAD BANGALORE-560 001.
4. KARNATAKA UDYOG MITHRA (A GOVT OF KARNATAKA ORGANISATION) 49, 3RD FLOOR, SOUTH BLOCK KANIJA BHAVAN RACE COURSE ROAD BANGALORE-560 001 REP. BY MANAING DIRECTOR.
… RESPONDENTS (By Smt. H.C. KAVITA, HCGP FOR R1 Mr. P.V. CHANDRASHEKAR, ADV., FOR R2 & R3 R4 SERVED AND UNREPRESENTED) - - -
This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the letter dated 01.01.2015 issued by R3 at Annex-G. Quash the Government order dated 7.8.2014 issued by R1 at Annex-H in so far as it relates to the petitioner & etc.
This Writ Petition coming on for preliminary hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.Rakesh B., learned counsel for Sri.Chandrakanth Patil, learned counsel the petitioner.
Smt.H.C.Kavita, learned High Court Government Pleader for the respondent No.1.
Sri.P.V.Chandrashekar, learned counsel for respondent Nos.2 and 3.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner has prayed the following reliefs:
“a) Issue a writ in the nature of certiorari or any other writ, order or direction quashing the letter bearing No.IADB/HQ/A11/AS/20267/13603/2015-16 dated 01.01.2016 issued by the 3rd respondent produced at Annexure-G in the interest of justice and equity.
b) Issue a writ in the nature of certiorari or any other writ, order or direction quashing the Govt. order bearing No. C1 511 SPQ Bangalore dated 07.08.2014 issued by the 1st respondent produced at Annexure-H in so far as it relates to the petitioner in the interest of justice and equity.
c) Issue a writ in the nature of mandamus or any other writ, order or direction directing the respondents to allot land on lease cum sale basis as allotted to other allottees in the same industrial area by receiving balance amount towards the cost of the land, in the interest of justice and equity.”
4. When the matter was taken up today, learned counsel for the respondent Nos.2 and 3, on the basis of instructions received by him, submitted that in pursuance to the demand notice issued to the petitioner, the petitioner has paid the balance amount on 10.07.2017 and the possession certificate has already been issued in favour of the petitioner and an agreement was executed on 31.10.2017. The aforesaid submission is taken on record.
5. In view of the aforesaid submissions, nothing survives for adjudication in the writ petition. However, the petitioner is granted liberty to seek revival of this writ petition in case the grievance of the petitioner still subsists.
Accordingly, the petition is disposed of.
Sd/- JUDGE RV