IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.40838/2013 (GM KIADB) BETWEEN M/S. SMART INFOSOFT & SERVICES PVT. LTD., NO.3, 4TH FLOOR, SALARPURIA WINDSOR, ULSOOR ROAD, BANGALORE-560042, REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. ASHWIN SANCHETI. ... PETITIONER (BY SRI VISHNU BHATT G S, ADV. - ABSENT) AND 1. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, II FLOOR, RASHTROTHANA BUILDING, 14/2A, NRUPATHUNGA ROAD, BANGALORE REPRESENTED BY ITS MANAGING DIRECTOR.
2. THE ASSISTANT SECRETARY, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, ZONAL OFFICE, METAGALLI INDUSTRIAL AREA, KRS ROAD, NEAR VIKRANT TYRES, MYSORE-560016 3. THE DEVELOPMENT OFFICER & ENGINEERING ENGINEER, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, MYSORE ZONE, KRS ROAD METAGALLI, MYSORE-560016. ... RESPONDENTS (BY SMT. SUMANGALA I.SIMIMATH, ADV. FOR SRI I G GACHCHINAMATH, ADV. FOR R1 TO R3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ALLOT THE REMAINING EXTENT OF 1.5 ACRES OF LAND ADJACENT TO THE LAND ALLOTTED TO THEM AT PLOT NO.8, 2ND PHASE, HEBBAL INDUSTRIAL AREA, MYSORE AS PER THE LETTER OF ALLOTMENT AT ANNX-D AND TO EXECUTE AND REGISTER THE LEASE-CUM-SALE AGREEMENT IN RESPECT OF ENTIRE 7.5 ACRES OF LAND AS PER THE LETTER OF ALLOTMENT.
THIS WRIT PETITION COMING ON FOR “PRELIMINARY HEARING IN ‘B’ GROUP”, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None for the petitioner.
Smt.Sumangala I.Simimath learned counsel for Sri I.G.Gachchinamath, learned counsel for R1 to 3.
Heard the learned counsel for respondent nos. 1 to 3.
2. In this petition under Article 226 and 227 of the Constitution of India, the petitioner has sought for issuance of a writ of mandamus seeking a direction to respondents to allot the remaining 1.5 acres of land adjacent to the land allotted to the petitioner as per letter vide Annexure-D and execute and register the lease-cum-sale agreement in respect of entire 7.5 acres of land as per the letter of allotment.
3. When the matter was taken up, learned counsel for the respondents submits that respondents have taken a decision to allot 6 acres of land in the light of notification dated 29.1.2007 contained in Annexure-N as some lands have been denotified from the acquisition as a result, petitioners by notification dated 15.9.2012 was informed that the land admeasuring 6 acres has been allotted. It is further submitted that since the petitioner has not challenged the validity of notification dated 29.1.2007, therefore, no relief can be granted to the petitioner.
4. I have considered the submissions made by the learned counsel for the respondents.
5. A decision is taken to allot 6 acres of land to the petitioner dated 29.1.2007. The notification has not been challenged by the petitioner. Therefore, no effective relief can be granted to the petitioner in this petition.
6. In this view of the matter, the writ petition is disposed of with liberty to the petitioner to have recourse to such remedy as may be available in law.
With the above said liberty, the writ petition is disposed of.
Sd/- JUDGE Sk/- CT-HR