IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.29232/2019 (GM – KEB) BETWEEN:
M/s. TOOL TECH [SHEET METAL FABRICATION – SSI UNIT] A PROPRIETARY CONCERN REP. BY ITS PROPRIETOR SRI K.N.SHESHADRI GOWDA S/O LATE NARAYANAPPA AGED ABOUT 59 YEARS HAVING ITS REGISTERED OFFICE AT C-102, DYAVASANDRA INDUSTRIAL ESTATE NEXT TO “PHOENIX MARKET CITY MALL” MAHADEVAPURA POST BANGALORE-560048. …PETITIONER (BY SRI P.B.RAJU, ADV.) AND:
1. STATE OF KARNATAKA MINISTRY OF INDUSTRIES AND COMMERCE REP. BY ITS SECRETARY VIDHANA SOUDHA, BANGALORE-560001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REP. BY DEVELOPMENT OFFICER-II No.14/3A, 2ND FLOOR, CFC BUILDING MAHARSHI ARVINDA BHAVAN OPPOSITE RBI, NRUPATHUNGA ROAD BANGALORE-560001.
3. THE CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD 4TH FLOOR, KANIJA BHAVAN RACE COURSE ROAD, BANGALORE-560001.
4. THE ASSISTANT EXECUTIVE ENGINEER[E] OFFICE AND MAINTENANCE – SUB STATION BANGALORE ELECTRICITY COMPANY MALUR – 563130.
5. M/s. BHASKAR HOTEL AND RESTAURANT REP. BY ITS PROPRIETOR Dr. B.V.BHASKAR S/O VENKATA SUBBA REDDY MAJOR No.8, G No.10TH STREET 3RD CROSS, HALASURU BANGALORE-560008. …RESPONDENTS (BY Ms. NILOUFER AKBAR, AGA FOR R-1; Mr. K.B.MONESH KUMAR, ADV. FOR R-2 & R-3;
Mr. H.V.DEVARAJU, ADV. FOR R-4; Mr. V.LAKSHMAIAH, ADV. FOR R-5.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE COMMUNICATION DATED 21.06.2019 AT ANNEXURE-A ISSUED BY THE RESPONDENT No.4; AND ETC., THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has challenged the communication/notice dated 21.06.2019 issued by the respondent No.4 whereby the petitioner has been called upon to shift the transformer on self execution basis and to produce the documents within a period of 7 days failing which the power supply to the installation MLRHT-364 shall be cancelled.
2. The petitioner is running an industry in the name and style of “Tool Tech”. It is the contention of the petitioner that the schedule property - industrial Plot No.176 P-3, Industrial Area measuring 0.75 acres was originally allotted by the KIADB to M/s. Sumukha Engineering, the predecessors in title to the petitioner as per the allotment letter dated 07.02.2013. The KIADB has executed a lease-cum-sale agreement in favour of M/s. Sumukha Engineering. Request was made by M/s. Sumukha Engineering to utilize/regularize the unutilized land to the south of the schedule plot for its purposes and representations are pending in this regard. Subsequently, on remittal of the transfer fee, the plot has been transferred to the petitioner from M/s. Sumukha Engineering and Lease cum sale agreement has been executed by the KIADB in favour of the petitioner. It is contended that KIADB has revised the Amenity Area to accommodate the 6th respondent and now are alleging that there is an encroachment and violation of the building plan by the petitioner. Coercive action has been taken by the KIADB, instigating the respondent No.4 to issue the order impugned herein. It is submitted that the final notice issued by the respondent No.4 lacks jurisdiction; No opportunity of hearing was issued to the petitioner before issuing the communication/final notice impugned.
3. Learned counsel for the respondent No.4 would submit that the communication/final notice impugned at Annexure-A can be treated as a show cause notice and the petitioner may be permitted to file his reply/objections to the same which shall be considered by the respondent No.4 in accordance with law.
4. Learned counsel for the respondent No.5 made an endeavor to submit that the property in which the transformer has been installed by the petitioner belongs to respondent No.5.
5. The dispute regarding the title to the property in question cannot be considered by this Court exercising the power under the writ jurisdiction. In the circumstances, this Court deems it appropriate to direct the petitioner to treat the communication/final notice dated 21.06.2019 at Annexure-A as a show-cause notice and to submit reply/objections within two weeks from the date of receipt of the certified copy of the order. The same shall be considered by the respondent No.4 in accordance with law and a decision shall be taken in an expedite manner. Ordered accordingly.
6. It is made clear that respondents shall not enforce Annexure-A until a decision is taken by the respondent No.4 in accordance with law, as aforesaid.
Writ petition stands disposed of in terms of the above.
Sd/- JUDGE NC.