IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.19470 OF 2019 (LA-KIADB) BETWEEN:
Sri. K. V. S. Prakash, Aged About 65 Years, Son of K.S. Gupta, R/At No.300, Blossom Apartments, #65, 13th Cross, J.P. Nagar III Phase, Bengaluru-560078.
(By Smt. Irfana Nazeer, Advocate) AND:
1. State of Karnataka, ... Petitioner Commerce and Industries Department, Rajaji Nagar Industrial Town, Rajajinagar, Bengaluru-560023, Represented by its Principal Secretary.
2. Karnataka Industrial Area Development Board, #49, 4th & 5th Floors, "East Wing", Khanija Bhavan, Race Course Road, Bengaluru – 560 001, Represented by its CEOEM.
3. Special Land Acquisition Officer, KIADB, Khanija Bhavan, Race Course Road, Bengaluru – 560 001.
... Respondents (By Sri. E. S. Indiresh, AGA For R1;
Sri.P.V.Chandrashekar, Advocate for R2 & R3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the R-1 and 2 to implement the Board Resolution dated 25.05.2013 and to allot the balance alternate land in favour of the petitioner, as per the board resolution of R-2 dated 25.05.2013 (Annexure-F) and etc., This Writ Petition coming on for Preliminary Hearing, this day, the court made the following:-
ORDER Miss Irfana Nazeer, learned counsel for the petitioner.
Sri. E. S. Indiresh, learned Additional Government Advocate for respondent No.1.
Sri. P. V. Chandrashekar, learned counsel for respondent Nos.2 and 3.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner inter alia seeks a direction to respondent Nos.1 and 2 to execute and register the sale certificate or absolute sale deed of such balance alternate land in favour of the petitioner, pursuant to his representations dated 17.06.2015, 03.09.2015, 24.07.2017, 24.09.2018 and 16.01.2019 (Annexure-Q, R, S, T and U).
3. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition may be disposed of with a direction to respondent No.2 to consider the representation dated 03.09.2015 vide Annexure-R submitted by the petitioner in accordance with law.
4. On the other hand, learned counsel for the respondents submitted that the representation submitted by the petitioner shall be dealt with in accordance with law, if not already decided.
5. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a direction to the competent authority to consider and decide the representation for allotment of alternate land in terms of resolution of the Board dated 25.05.2013 submitted by the petitioner, if not already decided, in accordance with law by a speaking order within a period of two months from the date of receipt of certified copy of the order passed today .
6. It is made clear that this Court has not expressed any opinion on merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE Mds/-