Karnataka High Court

M/S Spraymet Coating Industries vs State Of Karnataka on 20 September, 2022

Bench: Krishna S.Dixit

                              1




  IN THE HIGH COURT OF KARNATAKA, BENGALURU

   DATED THIS THE 20TH DAY OF SEPTEMBER, 2022

                        BEFORE

       THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

  WRIT PETITION NO.11421/2022 (GM-KIADB)
                   C/W
 WRIT PETITION NOS. 4338/2017, 54265/2017,
  55914/2017, 18848/2018, 57945/2018 (GM-
                  KIADB)

IN W.P.NO.11421/2022:

BETWEEN:

M/S SANJIVIN I ACCUMULATORS PVT LTD.,
HAVING REGISTERED OFFICE AT NO.401/455,
SREEGANDHADA KAVALU,
SUNKADAKATTE,
MAGADI MAIN ROAD,
BANGALORE-560 0091.
REP BY ITS MANAGING DIRECTOR
MR D G BADRINATH.
                                          ... PETITIONER
(BY SRI.AJAY J N, ADVOCATE)

AND:

1. STATE OF KARNATAKA,
   DEPARTMENT OF INDUSTRIES & COMMERCE,
   VIKASA SOUDHA,
   BANGALORE-560 001.
   REP BY ITS SECRTARY.
                            2




2. MANAGING DIRECTOR,
   KARNATKA UDYOGA MITRA ,
   3RD FLOOR KHANIJA BHAVAN (EAST WING),
   NO.49, RACE COURSE ROAD,
   BANGALORE -560 001.

3. KARNATAKA INDUSTRIES AREA DEVELOPMENT BOARD
   NO.14/3, 2ND FLOOR, RASHTROTHANA PARISHAT,
   BUILDING NRUPATHUNA ROAD,
   BANGALORE -560 001.
   REP BY ITS CHAIRMAN.

4. CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER
   KARNATKAA INDUSTRIES AREA DEVELOPMENT
   BOARD NO.49, 4TH FLOOR,
   KHANIJA BHAVANA,
   RACE COURSE ROAD,
   BANGALORE -560 001.

5. THE SECRETARY-2,
   KARNATAKA INDUSTRIAL AREA DEVELOPMENT
   BOARD, NO.49, 4TH FLOOR,
   KHANIJA BHAVANA,
   RACE COURSE ROAD,
   BANGALORE-560 001.

6. THE ASST SECRETARY
   KARNATAKA INDUSTRIAL AREA DEVELOPMENT
   BOARD, NO.49, 4TH FLOOR,
   KHANIJA BHAVANA,
   RACE COURSE ROAD,
   BANGALORE-560 001.
                                           ... RESPONDENTS

(BY SMT.RASHMI PATEL, HCGP FOR R1;

SRI. KIRAN V RON, ADVOCATE FOR R2;

SRI. B B PATIL, ADVOCATE FOR R3 TO R6)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE

THE ORDER DATED 29.12.2017 PASSED BY THE RESPONDENT NO.4 VIDE BEARING NO.KIADB/HO/ALLOT/17729/15473/2017.18N AS PER ANNEXURE-A.

IN W.P.NO.4338/2017:

BETWEEN:

M/S SPRAYMET COATING INDUSTRIES NO.A-413, 9TH MAIN ROAD, PEENYA II STAGE, BANGALORE-560 058 REPRESENTED BY ITS PROPRIETOR SRI PANDURANGA T BIDANGI.

...PETITIONER (BY SRI.S V BHAT, ADVOCATE)

AND:

1. STATE OF KARNATAKA, DEPARTMENT OF INDUSTRIES & COMMERCE, VIKASA SOUDHA, BANGALORE-560 001.

REPRESENTED BY ITS SECRETARY.

2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD 14/3, 2ND FLOOR, RASHTROTHANA PARISHAT BUILDING, NRUPATHUNGA ROAD, BANGALORE-560 001.

REPRESENTED BY ITS CHAIRMAN

3. CHIEF EXECUTIVE OFFICER & EXECUTIVE OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO.49, 4TH FLOOR, KHANIJA BHAVANA RACE COURSE ROAD, BANGALORE-560 001.

4. THE SECRETARY-2, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO.49, 4TH FLOOR, KHANIJA BHAVANA, RACE COURSE ROAD, BANGALORE-560 001.

5. THE ASST SECRETARY-II, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO.49, 4TH FLOOR, KHANIJA BHAVANA, RACE COURSE ROAD, BANGALORE-560 001.

...RESPONDENTS

(BY SMT. RASHMI PATEL, HCGP FOR R1;

SRI. P V CHANDRASHEKAR, ADVOCATE FOR R2 TO R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER OF THE R-3 DTD16.12.2016 IN SO FAR AS DIRECTING THE PETITIONER TO PAY A SUM OF RS.75,29,769/- VIDE ANNXURE-AB AND ETC.,

IN W.P.NO.54265/2017:

BETWEEN:

SHRI N SREENIVASA PROP. LM/S BHAVANA INDUSTRIES, NO.208, II MAIN, MAHALAKSHMI LAYOUT, BANGALORE 560 086.

...PETITIONER (BY SRI. S V BHAT, ADVOCATE)

AND:

1. STATE OF KARNATAKA, DEPARTMENT OF INDUSTRIES AND COMMERCE, VIKASA SOUDHA, BAGNALORE 560 001, REP BY ITS SECRETARY.

2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD 14/3, 2ND FLOOR, RASHTROTHANA PARISHAT BUILDING, NRUPATUNGA ROAD, BANGALORE 560001.

REPRESENTED BY ITS CHAIRMAN.

3. CHIEF EXECUTIVE OFFICER & ELECUTIVE MEMBER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO. 49, 4TH FLOOR, KHANIJA BHAVANA, RACE COURSE ROAD, BANGALORE 560 001.

4. THE SECRETARY - 2 KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO. 49, 4TH FLOOR, KHANIJA BHAVANA, RACE COURSE ROAD, BANGALORE 560 001.

5. THE ASST. SECRETARY II KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO. 49, 4TH FLOOR, KHANIJA BHAVANA, RACE COURSE ROAD, BANGALORE 560 001.

...RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1;

SRI. ASHOK N NAYAK, ADVOCATE FOR R2 TO R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER OF THE R-3 DATED 10.10.2017 VIDE ANNX-H AND ETC.,

IN W.P.NO.55914/2017:

BETWEEN:

M/S. RAMDEV INDUSTRIES, NO.111/2, B PETECHENNAPPA INDL ESTATE, KAMAKSHIPALYA MAGADI MAIN ROAD, BENGALURU-560 079.

REPRESENTED BY ITS PROPRIETOR.

...PETITIONER (BY SRI. S V BHAT, ADVOCATE)

AND:

1. STATE OF KARNATAKA, DEPARTMENT OF INDUSTRIES AND COMMERCE, VIKASA SOUDHA, BAGNALORE 560 001, REP BY ITS SECRETARY.

2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD 14/3, 2ND FLOOR, RASHTROTHANA PARISHAT BUILDING, NRUPATUNGA ROAD, BANGALORE 560001.

REPRESENTED BY ITS CHAIRMAN.

3. CHIEF EXECUTIVE OFFICER & ELECUTIVE MEMBER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO. 49, 4TH FLOOR, KHANIJA BHAVANA, RACE COURSE ROAD, BANGALORE 560 001.

4. THE SECRETARY - 2 KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO. 49, 4TH FLOOR, KHANIJA BHAVANA, RACE COURSE ROAD, BANGALORE 560 001.

5. THE ASST. SECRETARY II KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO. 49, 4TH FLOOR, KHANIJA BHAVANA, RACE COURSE ROAD, BANGALORE 560 001.

...RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1;

SRI. ASHOK N NAYAK, ADVOCATE FOR R2 TO R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER OF R-3 DATED 17.11.2017 IN SO FAR AS THE DIRECTION TO THE PETITIONER TO PAY A SUM OF RS. 74,90,239/- VIDE ANNEX-P BEING THE DIFFERENCE IN COST OF LAND AT PREVAILING TENTATIVE ALLOTMENT PRICE AND RS. 7,87,133/- TOWARDS BALANCE DIFFERENCE IN COST OF LAND ALONG WITH APPLICABLE INTEREST;

IN W.P.NO.18848/2018:

BETWEEN:

M/S HYPER ARTHO INDUSTRIES NO.42/1, MARANAHALLI TANK ROAD, BEHIND KRISHNA KALYANA MANTAP, JAYANAGAR 9TH BLOCK, BENGALURU - 560 041.

REPRESENTED BY ITS PROPRIETOR, SRI. M.K CHAKRAVARTHI.

...PETITIONER (BY SRI. S V BHAT, ADVOCATE)

AND:

1. STATE OF KARNATAKA, DEPARTMENT OF INDUSTRIES AND COMMERCE, VIKASA SOUDHA, BAGNALORE 560 001, REP BY ITS SECRETARY.

2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD 14/3, 2ND FLOOR, RASHTROTHANA PARISHAT BUILDING, NRUPATUNGA ROAD, BANGALORE 560001.

REPRESENTED BY ITS CHAIRMAN.

3. CHIEF EXECUTIVE OFFICER & ELECUTIVE MEMBER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO. 49, 4TH FLOOR, KHANIJA BHAVANA, RACE COURSE ROAD, BANGALORE 560 001.

4. THE SECRETARY - 2 KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO. 49, 4TH FLOOR, KHANIJA BHAVANA, RACE COURSE ROAD, BANGALORE 560 001.

5. THE ASST. SECRETARY II KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO. 49, 4TH FLOOR, KHANIJA BHAVANA, RACE COURSE ROAD, BANGALORE 560 001.

...RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1;

SRI. ASHOK N NAYAK, ADVOCATE FOR R2 TO R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER OF THE R-3 DTD 01.09.2017 IN SO FAR AS THE DIRECTION TO THE PETITIONER TO PAY A SUM OF RS.1,79,04,948/- VIDE ANNX- Q1 BEING THE ALLEGED DIFFERENT IN COST OF LAND AT PREVAILING TENTATIVE ALLOTMENT PRICE AND ETC.,

IN W.P.NO.57945/2018:

BETWEEN:

M/S SARAVANA FOUNDARY, NO. 1302, MUDALAPALYA, MADHURANGARA, NAGARABHAVI MAIN ROAD, BENGALURU 560 072.

REP BY ITS PROPRIETOR, SRI. G BALAKRISHNAN.

...PETITIONER (BY SRI. S V BHAT, ADVOCATE)

AND:

1. STATE OF KARNATAKA, DEPARTMENT OF INDUSTRIES AND COMMERCE, VIKASA SOUDHA, BAGNALORE 560 001, REP BY ITS SECRETARY.

2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD 14/3, 2ND FLOOR, RASHTROTHANA PARISHAT BUILDING, NRUPATUNGA ROAD, BANGALORE 560001.

3. CHIEF EXECUTIVE OFFICER & ELECUTIVE MEMBER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO. 49, 4TH FLOOR, KHANIJA BHAVANA, RACE COURSE ROAD, BANGALORE 560 001.

4. THE SECRETARY - 2 KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO. 49, 4TH FLOOR, KHANIJA BHAVANA, RACE COURSE ROAD, BANGALORE 560 001.

5. THE ASST. SECRETARY II KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO. 49, 4TH FLOOR, KHANIJA BHAVANA, RACE COURSE ROAD, BANGALORE 560 001.

...RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1;

SRI. P V CHANDRASHEKAR, ADVOCATE FOR R2 TO R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER OF THE R-3 PASSED BY R-3 DATED 27.06.2018 VIDE ANNEXURE-W IN SO FAR AS THE DEMAND FOR RS.75,99,646/- AND ETC.,

THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-

ORDER

The subject matter of these cases, learned counsel for

the petitioners argues and the learned Panel Counsel for

the KIADB does not dispute, is substantially covered by the

judgment of a Co-ordinate Bench in W.P.No.49817/2017

(GM-KIADB) between M/S. HYNETIC ELECTRONICS PVT.

LTD., vs. STATE OF KARNATAKA & OTHERS disposed off on

21.06.2022. The relief granted by the Co-ordinate Judge

reads as under:

"10. For the foregoing reasons, I pass the following order:

(a) The writ petition is allowed in part.

(b) The impugned order dated 01.09.2017 vide Annexure-T bearing No. No.PÀ.PÉÊ.¥Àæ.aÀÄA/PÉÃA.PÀ/oÀAaPÉ/18895/9624/17-18 is quashed.

(c) The respondent-KIADB is reserved liberty to proceed from the stage of Section 34B(1) and proceed further in accordance with law, after hearing the petitioner. All contentions of the parties are kept open."

Learned advocates appearing for the petitioners submit

that in view of the said judgment, the relief needs to be

granted to their clients.

2. A Division Bench of this Court in W.A. Nos.932-

933/1974 between A.V.VINODA & ANOTHER vs. STATE OF

KARNATAKA BY ITS COMMISSIONER & SECRETARY

disposed of on 11.12.1974, has held that identical

litigants before the Court are entitled to identical interim

reliefs unless there are factors militating against the grant.

In view of the above, these petitions are disposed off

granting the same relief as has been granted to the

litigants in the cognate petition.