Karnataka High Court
Mr Henry Cornad Francis Britto vs Karnataka Industrial Areas ... on 9 October, 2023
Bench: Chief Justice, Krishna S Dixit
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WA No. 1224 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF OCTOBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT APPEAL NO. 1224 OF 2023 (GM-KIADB)
BETWEEN:
MR. HENRY CORNAD FRANCIS BRITTO,
SON OF N. LATE SEBASTIAN BRITTO,
AGED ABOUT 63 YEARS
RESIDING AT 2-268/3,
BRITTO ESTATE,
S.BRITTO COMPOUND,
MAIN ROAD,
BAJPE, MANGALURU,
DAKSHINA KANNADA,
KARNATAKA - 574 142.
...APPELLANT
Digitally signed
by AMBIKA H B
(BY SRI. VINAYAK KAMATH K, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA AND:
1. KARNATAKA INDUSTRIAL
AREAS DEVELOPMENT BOARD,
NO.49, 4TH AND 5TH FLOOR,
EAST WING KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU - 560 001,
REPRESENTED BY
ITS CHIEF EXECUTIVE OFFICER
AND EXECUTIVE MEMBER.
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WA No. 1224 of 2023
2. THE SECRETARY -2 KIADB,
NO.49, 4TH AND 5TH FLOOR,
KIADB EAST WING,
KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU - 560 001.
3. THE EXECUTING ENGINEER,
KIADB MANGALORE ZONAL OFFICE,
BAIKAMPADY INDUSTRIAL AREA,
BENGALURU - 575 011.
4. M/S KGN INDUSTRIES,
OFFICE AT KANIKERE ROAD,
DERALAKATTE,
MANGALURU - 575 011
REP. BY ITS PROPRIETOR
SMT SAIRA PARVEEN,
W/O SYED ISAQ AHMED,
AGED ABOUT 46 YEARS.
...RESPONDENTS
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO CALL FOR THE ENTIRE
RECORDS IN WP No.7191/2022 (GM-KIADB) ON THE FILE OF
THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT
AND (b) SET ASIDE THE ORDER DATED 07.09.2023 IN WP
No.7191/2022 (GM-KIADB) ON THE FILE OF THE LEARNED
SINGLE JUDGE OF THIS HONOURABLE COURT BY ALLOWING
THE ABOVE APPEAL.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
CHIEF JUSTICE DELIVERED THE FOLLOWING:
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WA No. 1224 of 2023
JUDGMENT
This intra-court appeal is directed against a learned
Single Judge's order dated 07.09.2023 made in fifth
respondent's W.P.No.7191/2022 wherein the operative portion
of para 3 thereof reads as under:-
"3. In that view of the matter, the writ
petition stands disposed of, placing on
record the memo dated 07.09.2023 filed by
the learned counsel for the respondent-
KIADB. The entire exercise of issuing
possession certificate to the petitioner shall
be considered and granted as expeditiously
as possible and at any rate within a period
of four weeks from the date of receipt of
copy of this order."
2. Having heard the learned counsel for the appellant
and having perused the appeal papers, we decline indulgence in
the matter inasmuch as the operative portion of the order
impugned is as innocuous as can be and that the discretion is
left at the hands of the KIADB Authority to take a call on the
subject representation of the writ petitioner in accordance with
law. Admittedly, the appellant herein was not a party; that he
was not either a necessary party or a proper party in the
proceedings in the light of the Apex Court decision in Razia
Begum vs. Sahebzadi Anwar Begum AIR 1958 SC 886.
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WA No. 1224 of 2023
3. We are not impressed by the submission of the
learned counsel appearing for the appellant that his client is an
aggrieved person by virtue of the impugned order which has
only directed, as already mentioned about, the consideration of
representation of the writ petitioner without indicating the line
of such consideration to happen. All contentions are left to the
Authorities at whose hands such consideration should take
place. It is open to the appellant also to put forth his version
before the said Authorities by making an appropriate
representation accompanied by the supportive material.
With the above observations, the appeal is rejected.
Needless to reiterate that all the contentions are kept open and
that this Court has not recorded any observations on the merits
of the case of the respective parties.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
VM
