IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.48564 OF 2017 (GM-KIADB) BETWEEN:
M/S WHITE OAKS, (A PARTNERSHIP FIRM), HAVING ITS OFFICE AT PLOT NO.50, DREAM MEADOWS,(BESIDES RYAN INTERNATIONAL SCHOOL) KUNDALAHALLI, BANGALORE-560 037.
REPTD. BY ITS MANAGING PARTNER, DR.VASU C.REDDY, S/O.K.CHOWDAPPA REDDY, AGE:43 YEARS.
(BY MR.GANESH.N.I, ADV. FOR MR. VIJETHA.R.NAIK, ADV.) AND:
1. THE STATE OF KARNATAKA, DEPARTMENT OF INDUSTRIES & COMMERCE, VIKASA SOUDHA, BANGALORE, …PETITIONER REPTD. BY ITS PRINCIPAL SECRETARY 560001.
2. MANAGING DIRECTOR, KARNATAKA UDYOGA MITRA, KHANIJA BHAVAN, BANGALORE-560001.
3. CHIEF EXECUTIVE OFFICER, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, BANGALORE-560001.
(BY MR.V.SHIVAREDDY, HCGP FOR R1 MR.BASAVARAJ SABARAD, ADV. FOR R3 R2 SERVED AND UNREPRESENTED) - - -
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-3 FOR RE-FIXING THE LAND COST AS DIRECTED BY THIS HON'BLE COURT IN WP NO.45104/2015 VIDE ORDER DTD.21.6.2017 VIDE ANNEX-L IN RESPECT OF 10 ACRES OF LAND IN PLOT NO.R-4 OF HARDWARE PARK-HOUSING AREA, DEVANAHALLI OUT OF WHICH TO AN EXTENT OF 5 ACRES OF LAND HAS BEEN ALLOTED IN FAVOUR OF THE PETITIONER VIDE ALLOTMENT LETTER DTD.7.3.2014 VIDE ANNEX-C AND TO AN EXTENT OF ADDITIONAL 5 ACRES WAS CLEARED AND APPROVED TO ALLOT IN FAVOUR OF THE PETIITONER IN THE 99TH SLSWCC MEETING HELD ON 13.4.2017 VIDE ANNEX-J BY THE R-2, AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Ganesh N.I., learned counsel for Sri.Vijetha R.Naik, learned counsel for the petitioner.
Sri.V.Shivareddy, learned High Court Government Pleader for the respondent No.1.
Sri.Basavaraj V. Sabarad, learned counsel for the respondent No.3.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In compliance of the interim order passed by this Court, the Chief Executive officer and Executive member, Karnataka Industrial Areas Development Board has decided the representation submitted by the petitioner by an order dated 16.04.2019. The aforesaid order has been produced by the learned counsel for the respondent along with a memo which is taken on record.
4. In view of the aforesaid memo, learned counsel for the petitioner seeks leave of this Court to withdraw the petition with liberty to the petitioner to challenge the order dated 16.04.2019.
Accordingly, the petition is disposed of with liberty as prayed for.
Sd/- JUDGE RV