IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.53303 OF 2018 (GM-KIADB) BETWEEN:
VINIR ENGINEERING PRIVATE LIMITED NO. 102-104, BOMMASANDRA INDUSTRIAL AREA, BENGALURU 560099.
BEING REP BY ITS GENERAL MANAGER MARKETING. (By Mr. PREETHAM P S, ADV.) AND:
1. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD KIADB 4TH AND 5TH FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU 560001.
BEING REP BY ITS SECRETARY 2. THE CHIEF EXECUTIVE OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, KIADB 4TH AND 5TH FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU 560001.
… PETITIONER … RESPONDENTS (By Mr. HARSHA P BANAD ADV., FOR R1-R2 (ABSENT)) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT TO CONSIDER THE REPRESENTATIONS MADE BY THE PETITIONER TO RESPONDENTS ON 31ST MARCH, 2018 AT ANNEX-A AND 27TH JULY, 2017 AT ANNEX-C AND TAKE APPOROPRIATE ACTION BY ISSUING DETERRENT DIRECTIONS TO M/S SUPRAJIT ENGINEERING LIMITED FOR THE ILLEGAL CONSTRUCTION OF THE BUILDING IN THE INTEREST OF THE LIVES AND SAFETY OF THE PEOPLE WORKING IN THE ADJOINING AND SURROUNDIG AREAS AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Preetham P.S., learned counsel for the petitioner.
None for respondents.
3. In this petition, the petitioner has prayed for the following reliefs:
(a) Issue a writ of mandamus or order directing the respondent to consider the representations made by the petitioner to respondents on 31st March, 2018 at Annexure-A and 27th July, 2017 at Annexure-C and take appropriate action by issuing deterrent directions to M/s Suprajit Engineering Limited for the illegal construction of the building in the interest of the lives and safety of the people working in the adjoining and surrounding areas in accordance with law.
(b) Pass any other order as this Hon’ble Court deems fit in the facts and circumstances of the case in the interests of justice and equity.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition be disposed of with a direction to the respondents to consider the representation submitted by the petitioner dated 31.03.2018 and 27.07.2018 and to take appropriate action against the illegal construction in a time bound manner.
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 respondents to decide the representation submitted by the petitioner. Needless to state that the respondents shall afford an opportunity of hearing to all the necessary parties before deciding the representation by a speaking order within four weeks from the date of receipt of such representation.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS