IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO. 40611 OF 2016 (GM-KIADB) BETWEEN:
SRI VIJAYA KUMAR SHETTY S/O K.JAYAPAL, AGED ABOUT 39 YEARS, NO.725, ‘C’ BLOCK, NEAR CHAMUNDESHWARI TEMPLE BHOMMANAKATTE, VINOBHA NAGAR, SHIVAMOGGA DISTRICT-577204.
(By Mr. SANDESH T B , ADV.) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, … PETITIONER DEPARTMENT OF INDUSTRIES AND COMMERCE, VIDHANA SOUDHA, BANGALURU-560001.
2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD DAVANAGERE RANGE OFFICE P.B.ROAD, DAVANAGERE DISTRICT-577006 REP. BY ITS DEVELOPMENT OFFICER.
3. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO.14/3, 2ND FLOOR, P.B.BUILDING, NRUPATUNGA ROAD, BENGALURU-560001 REP. BY ITS COMMISSIONER.
4. DISTRICT INDUSTRIAL CENTRE SHIVAMOGGA TALUK & DISTRICT – 577204 REPRESENTED BY ITS JOINT DIRECTOR.
… RESPONDENTS (By Mr. Y.D. HARSHA AGA FOR R1 & R4 Mr. VIJAY KUMAR A PATIL AGA FOR R2 & R3) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENTS TO ALLOT THE INDUSTRIAL SITE NO.10A AND 10B MEASURING 700 SQ MTRS IN AUTOMOBILE COMPLEX, INDUSTRIAL AREA, SHIVAMOGGA OR ANY OTHER INDUSTRIAL SITES IN AUTOCOMPLEX, INDUSTRIAL AREA, SHIVAMOGGA TO THE PETITONER, AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Sandesh T.B., learned counsel for the petitioner.
Mr.Y.D.Harsha, learned Additional Government Advocate for respondent Nos.1 & 4.
Mr.Vijay Kumar A. Patil, learned Additional Government Advocate 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 for the following reliefs:
(i) Issue a writ in the nature of mandamus directing the respondents to allot the industrial site No.10A & 10B measuring 700 Sq. Mtrs in Automobile Complex, Industrial Area, Shivamogga or any other industrial sites in Autocomplex, Industrial Area, Shivamogga to the petitioner.
(ii) Issue such other order or direction as may be deemed fit and appropriate, in the circumstances of the case, in the interest of justice and equity.
4. Mr.Vijay Kumar A. Patil, learned Additional Government Advocate for respondent Nos.2 and 3 while inviting the attention of this Court to the averments made in the objections filed on behalf of the aforesaid respondents has submitted that the industrial site bearing Nos.10A & 10B have already been allotted and the application submitted by the petitioner could not be considered as the petitioner had submitted a defective application, which was not accompanied by requisite documents. It is further submitted that as and when a fresh layout is prepared, the petitioner may make an application.
5. In view of the aforesaid submission and taking into account the fact that the petitioner has no statutory right to seek allotment of industrial site No.10A & 10B as well as the fact that the aforesaid sites are already allotted in a public auction. Therefore, nothing survives for adjudication in this writ petition. Accordingly, the writ petition is disposed of with a liberty to the petitioner to submit an application for allotment of the sites as and when a fresh layout is prepared.
Accordingly, writ petition is disposed of.
Sd/- JUDGE ss