IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.12993 OF 2019 (GM-KIADB) BETWEEN:
M/S. SUPRAJIT ENGINEERING LIMTIED NO.101, BOMMASADRA INDUSTRIAL AREA HOSUR ROAD BANGALORE-560 099.
REP. BY ITS H.R. MANAGER SUSHAN KUMAR SHETTY AGED ABOUT 32 YEARS ... PETITIONER (BY SRI M.SHIVAPRAKASH, ADV.) AND:
1. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (KIADB) 4TH AND 5TH FLOOR EAST WING, KHANIJA BHAVAN RACE COURSE ROAD BANGALORE-560 001 REP. BY ITS SECRETARY.
2. THE CHIEF EXECUTIVE OFFICER KIADB, 4TH AND 5TH FLOOR EAST WING, KHANIJA BHAVAN RACE COURSE ROAD BANGALORE-560 001. ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO CONSIDER THE REPRESENTATIONS DATED 28.4.2018 AT ANNEXURE-D MADE BY THE PETITIONER TO THE RESPONDENT AUTHORITIES AND ISSUE WRIT OF MANDAMUS AGAINST R-1 AND 2 TO TAKE IMMEDIATE SETPS TO REGULATE THE CONSTRUCTION AND INDUSTRIAL ACTIVITY IN THE INDUSTRIAL SHED AS PER THE RULES PRESCRIBED UNDER BUILDING REGULATIONS IN PLOT NO.102, 103 & 104 OF BOMMASANDRA INDUSTRIAL AREA.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri M. Shivaprakash, learned counsel for petitioner.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to respondent Nos.1 and 2.
2. The writ petition is admitted for hearing.
With the consent of the parties, the matter is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia has prayed for the following reliefs:
“a. To issue a writ of mandamus directing the respondent authorities to consider the representations dated 28.4.2018 at Annexure-D made by the petitioner to the respondent authorities.
b. To issue writ of mandamus against Respondent No.1 & 2 to make immediate steps to regulate the construction and industrial activity in the Industrial Shed as per the Rules prescribed under Building Regulations in Plot No.102, 103 & 104 of Bommasandra Industrial Area.
c. Pass any such order as this Hon’ble court deems fit in the facts and circumstances of the case in the interest of justice and equity”.
4. When the matter was taken up for consideration today, learned counsel for the petitioner submitted that the respondents be directed to decide the representation dated 28.04.2018 submitted by the petitioner through the competent authority in the light of the order dated 18.02.2019 passed by this Court in W.P.No.53303/2018.
5. In view of the aforesaid submission and in the facts of the case, I deem it appropriate to dispose of the writ petition with a direction to the competent authority to consider and decide the representation submitted by the petitioner dated 28.04.2018 contained in Annexure-D, after affording an opportunity of hearing to the petitioner and M/s. Vinir Engineering Private Limited by a speaking order in accordance with law. Needless to state that the competent authority while deciding the representation submitted by the petitioner shall bear in mind the order dated 18.02.2019 passed by this Court in W.P.No.53303/2018. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE ST