Karnataka High Court
The Chief Development Officer And Anr vs Savita And Ors on 7 February, 2024
Author: B.M.Shyam Prasad
Bench: B.M.Shyam Prasad
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WA No.200012 of 2019
C/W WA No.200160 of 2021
WA No.200168 of 2021
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
WRIT APPEAL NO.200012 OF 2019 (GM-KIADB)
C/W
WRIT APPEAL NO.200160 OF 2021 (GM-KIADB)
WRIT APPEAL NO.200168 OF 2021 (GM-KIADB)
IN W.A.NO.200012 OF 2019:
BETWEEN:
1. THE CHIEF DEVELOPMENT OFFICER
AND CHIEF ENGINEER
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
Digitally signed 14-3, 2ND FLOOR
by SWETA
KULKARNI R.P. BUILDING, NRUPATHUNGA ROAD
Location: HIGH BANGALORE - 01.
COURT OF
KARNATAKA
2. THE DEPUTY DEVELOPMENT OFFICER
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
K.I.A.D.B. OFFICE PLOT NO.16-A
KOLHAR INDUSTRIAL AREA
BIDAR - 585 403.
...APPELLANTS
(BY SRI NAVIN ARADHYA FOR SRI B.B.PATIL AND
SRI A.M.NAGRAL, ADVOCATES)
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C/W WA No.200160 of 2021
WA No.200168 of 2021
AND:
1. SMT.SUNITA
W/O PRASHANTH
AGED ABOUT 36 YEARS
R/O NAUBAD
TQ: & DIST: BIDAR - 585 401.
2. MOHAMED ZUBAR AHMED
S/O MOHAMED LAIQ AHAMED
AGED ABOUT 43 YEARS
H.NO.4-2-44 (NEW)
NOORKHAN TALAM
BIDAR - 585 401.
3. SMT. SUREKHA
W/O N. GOUDA
AGED ABOUT 40 YEARS
R/O NAUBAD, BIDAR - 585 401.
4. SMT. TANUJA
W/O RAVI
AGED ABOUT 43 YEARS
R/O ISLAMPUR VILLAGE,
TQ: & DIST: BIDAR.
5. SMT. KAMALABAI
W/O S.G.KASHINATH
AGED ABOUT 45 YEARS,
R/O GURUSIDDHA KRUPA
OPP: W.T. HOUSA AIR FORCE ROAD
SHIVA NAGAR SOUTH
BIDAR - 585 401.
6. SRI. RAGHUNATH
S/O SHATTEPPA GAIKWAD
AGED ABOUT 48 YEARS,
R/O NAUBAD, BIDAR - 585 401.
7. SMT. VIMLAVATHI
W/O ANTAPPA GUBHE
AGED ABOUT 50 YEARS
R/O NAUBAD, BIDAR - 585 401.
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C/W WA No.200160 of 2021
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8. SRI. GANAPATHI
S/O SHIVRAJ SINGEPALLI
AGED ABOUT 53 YEARS
R/O ALLAPUR
TQ: & DIST: BIDAR - 585 403.
9. SRI. BABURAO
S/O VEERASHETTY
AGED ABOUT 50 YEARS
R/O NAUBAD, BIDAR - 585 401.
10. SRI. SHIVARAJ HALSHETTY
S/O BASWANAPPA HALSHETTY
AGED ABOUT 59 YEARS
R/O H.NO.19-1-116
BANKER'S COLONY SHIVANAGAR (SOUTH)
BIDAR - 585 401.
11. SRI ASHOK
S/O SHARNAPPA BAMANDI,
AGE: MAJOR
R/O HUGERI
TQ: & DIST: BIDAR - 585 403.
12. SRI. MASIUZZAMA
S/O MD. ILYASUZAMA
AGED ABOUT 56 YEARS
H.NO.2-1-111, SIDDHI TALIM
NAYA KAMAN ROAD
BIDAR - 585 402.
13. SRI. CHANDRA SHEKAR
S/O MUDARAGERI
AGED ABOUT 49 YEARS
R/O MEJESTIC CONS. NO.19-2-75
BEHIND MES QUARTERS
ANAND NAGAR, BIDAR - 585 403.
14. SMT. SHILAJA
W/O ASHOK WADDE
AGED ABOUT 54 YEARS
R/O SHASHIKALA NIVAS
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C/W WA No.200160 of 2021
WA No.200168 of 2021
BEHIND SHIVANAGAR PETROL PUMP
SHIVNAGAR SOUTH
BIDAR - 585 401.
15. THE STATE OF KARNATAKA
THROUGH DIRECTORATE OF
COMMERCE AND INDUSTRIES
VIKAS SOUDHA, BANGALORE - 01.
16. THE CHIEF SECRETARY
TO THE GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA, BANGALORE - 01.
17. THE DEPUTY COMMISSIONER
BIDAR, D.C. OFFICE, BIDAR - 585 101.
...RESPONDENTS
(BY SRI RAVI B. PATIL, ADVOCATE FOR R1 TO R14;
SRI MALLIKARJUN C. BASAREDDY, GA FOR R15 TO R17)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE
WRIT APPEAL AND SET ASIDE THE ORDER DATED 28TH
AUGUST 2018 PASSED BY LEARNED SINGLE JUDGE IN WRIT
PETITION NO.207618-622/2015 AND 207641-649/2015
ALLOWING THE PETITIONS OF RESPONDENTS AND SETTING
ASIDE THE RESOLUTION OF THE BOARD AT ITS 335TH
MEETING DATED 14.08.2015 AND RESTORING THE SALE
DEEDS IN FAVOUR OF THE RESPONDENTS, IN THE INTEREST
OF JUSTICE AND EQUITY.
IN W.A.NO.200160 OF 2021:
BETWEEN:
1. THE CHIEF DEVELOPMENT OFFICER
AND CHIEF ENGINEER
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NC: 2024:KHC-K:1346-DB
WA No.200012 of 2019
C/W WA No.200160 of 2021
WA No.200168 of 2021
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
14-3, 2ND FLOOR
R.P. BUILDING, NRUPATHUNGA ROAD
BANGALORE - 01.
2. THE DEPUTY DEVELOPMENT OFFICER
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
K.I.A.D.B. OFFICE PLOT NO.16-A
KOLHAR INDUSTRIAL AREA
BIDAR - 585 403.
...APPELLANTS
(BY SRI NAVIN ARADHYA FOR SRI B.B.PATIL AND
SRI A.M.NAGRAL, ADVOCATES)
AND:
1. SMT. SAVITA
W/O VEERABHADRAYYA HIREMATH
AGED ABOUT 40 YEARS
OCC: EMPLOYEE IN K.I.A.D.B.
R/O C/O K.I.A.D.B QUARTERS
KAPNOOR INDUSTRIAL AREA
1ST PHASE, HUMANABAD ROAD
KALABURAGI - 585 101.
2. SRI CHANNABASAPPA
S/O MALLIKARJUNA KORE
AGED ABOUT 44 YEARS
OCC: CONTRACT EMPLOYEE IN K.I.A.D.B.
R/O P. & T. COLONY
OLD JEWARGI ROAD
KALABURAGI.
3. SRI JAYARAM
S/O NAGAPPA GOLLA
AGED ABOUT 45 YEARS
R/O H.NO.10-63
NEAR N.V. SCHOOL
BRAHMAPUR
KALABURAGI - 585 102.
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4. SMT. ANISH
W/O MD. ADAM
AGED ABOUT 48 YEARS
OCC: HOUSEHOLD
R/O H.NO.5-470/35/1/140K
NAUSHAD COLONY
HAGARAGA ROAD
KALABURAGI - 585 104.
5. VIVEKANAND
S/O TIPPANNA
AGED ABOUT 38 YEARS
OCC: BUSINESS
R/O AURAD - (B)
DISTRICT BIDAR - 585 401.
6. THE STATE OF KARNATAKA
THROUGH DIRECTORATE OF
COMMERCE AND INDUSTRIES
VIKAS SOUDHA, BENGALURU - 01.
...RESPONDENTS
(BY SRI MALLIKARJUN C. BASAREDDY, GOVT. ADV. FOR R6)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE
WRIT APPEAL AND SET ASIDE THE ORDER DATED 7TH APRIL
2021 PASSED BY LEARNED SINGLE JUDGE IN WRIT PETITION
NO.203612/2019 ALLOWING THE PETITION OF RESPONDENTS
AND SETTING ASIDE THE RESOLUTION OF THE BOARD AT ITS
335TH MEETING DATED 14.08.2015 AND RESTORING THE SALE
DEEDS IN FAVOUR OF THE RESPONDENTS, IN THE INTEREST
OF JUSTICE AND EQUITY.
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NC: 2024:KHC-K:1346-DB
WA No.200012 of 2019
C/W WA No.200160 of 2021
WA No.200168 of 2021
IN W.A.NO.200168 OF 2021:
BETWEEN:
1. THE CHIEF DEVELOPMENT OFFICER
AND CHIEF ENGINEER
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
14-3, 2ND FLOOR
R.P. BUILDING, NRUPATHUNGA ROAD
BANGALORE - 01.
2. THE DEPUTY DEVELOPMENT OFFICER
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
K.I.A.D.B. OFFICE PLOT NO.16-A
KOLHAR INDUSTRIAL AREA
BIDAR - 585 403.
...APPELLANTS
(BY SRI B.B.PATIL A/W SRI NAVIN ARADHYA AND
SRI A.M.NAGRAL, ADVOCATES)
AND:
1. SMT. TAYABUNNISA BEGUM
W/O GULAM SATAR
AGED ABOUT 52 YEARS
OCC: HOUSEHOLD
R/O BIDAR - 585 401.
2. THE STATE OF KARNATAKA
THROUGH DIRECTORATE OF
COMMERCE AND INDUSTRIES
VIKAS SOUDHA, BENGALURU - 01.
...RESPONDENTS
(BY SRI MALLIKARJUN C. BASAREDDY, GOVT. ADV. FOR R2)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE
WRIT APPEAL AND SET ASIDE THE ORDER DATED 5TH JUNE
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WA No.200012 of 2019
C/W WA No.200160 of 2021
WA No.200168 of 2021
2020 PASSED BY LEARNED SINGLE JUDGE IN WRIT PETITION
NO.201314/2019 ALLOWING THE PETITION OF RESPONDENTS
AND SETTING ASIDE THE RESOLUTION OF THE BOARD AT IT'S
335TH MEETING DATED 14.08.2015 AND RESTORING THE SALE
DEEDS IN FAVOUR OF THE RESPONDENTS, IN THE INTEREST
OF JUSTICE AND EQUITY.
THESE WRIT APPEALS COMING ON FOR ORDERS THIS
DAY, B.M.SHYAM PRASAD J., DELIVERED THE FOLLOWING:
JUDGMENT
These appeals are filed by the officers of Karnataka
Industrial Areas Development Board calling in question the
common order dated 28.08.2018 in W.P.No.207618-
207622/2015 and connected writ petitions, and the writ
Court, while questioning the Board's resolution in its 335th
meeting held on 14.08.2015 as regards Subject No.15, has
restored the sale deeds executed in favour of the private
respondents.
Sri Navin Aradhya, the learned counsel for Sri B.B.
Patil, who is on record for the appellants along with
Sri A.M. Nagral, submits that indeed during pendency of
these writ appeals, as stated by the learned counsel Sri Ravi
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B. Patil, the learned counsel for the private respondents, the
Board has resolved to restore the sale deeds and also plans
have been sanctioned to facilitate construction.
It is obvious from these submission that the writ
appeals are rendered infructuous, and hence the appeals
stand disposed of accordingly.
Sd/-
JUDGE
Sd/-
JUDGE
BL
Ct;Vk
