Karnataka Industrial Area Development ... vs M/S Nanjundeswara Tech Park
2024 Latest Caselaw 26662 Kant

Karnataka High Court

Karnataka Industrial Area Development ... vs M/S Nanjundeswara Tech Park on 7 November, 2024

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                                                    NC: 2024:KHC:45083-DB
                                                        WA No. 621 of 2024




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 7TH DAY OF NOVEMBER, 2024

                                        PRESENT
                      THE HON'BLE MR JUSTICE V KAMESWAR RAO
                                           AND
                          THE HON'BLE MR JUSTICE S RACHAIAH
                       WRIT APPEAL NO. 621 OF 2024 (GM-KIADB)
                   BETWEEN:

                   KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD
                   NO.49, 4TH AND 5TH FLOORS,
                   EAST WING, KHANIJA BHAVAN,
                   RACE COURSE ROAD,
                   BENGALURU-560 001.
                   BY ITS CHIEF EXECUTIVE OFFICER
                   AND EXECUTIVE MEMBER.
                                                           ...APPELLANT
                   (BY SRI. H L PRADEEP KUMAR.,ADVOCATE)
Digitally signed   AND:
by
SREEDHARAN
BANGALORE          M/S NANJUNDESWARA TECH PARK
SUSHMA             A SOLE PROPRIETORSHIP CONCERN
LAKSHMI
Location: HIGH     REPRESENTED BY ITS SOLE PROPRIETOR
COURT OF
KARNATAKA          K.R. NAGENDRA
                   HAVING PRINCIPAL PLACE OF BUSINESS
                   AT SHANKAR INDUSTRIES,
                   SANTHEPET, ARASIKERE-573 103.
                                                            ...RESPONDENT
                   (BY SRI.SUMMITH.S,ADVOCATE)
                        THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
                   HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED
                   03.11.2023 PASSED IN WP 13304/2020 (GM-KIADB) BY THE
                   LEARNED SINGLE JUDGE AND DISMISS THE WRIT PETITION
                   WITH COSTS.
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                                            NC: 2024:KHC:45083-DB
                                               WA No. 621 of 2024




     THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:



CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO
       and
       HON'BLE MR JUSTICE S RACHAIAH


                    ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)

1. This appeal lays a challenge to the order dated

03.11.2023 passed by the learned Single Judge in W.P

No.13304/2020, whereby the learned Single Judge has

partly allowed the writ petition stating as under:

"(i) Writ petition is partly-allowed.

(ii) Order of cancellation of allotment in respect of Plot No.166 of (I.T. Sector) Hi-Tech, Defence and Aerospace Park, Bengaluru at Annexure-M is hereby quashed.

(iii) The respondent is directed to consider the reply and representation at Annexures-L and N respectively by due compliance of procedure contemplated under Section 34B of the KIAD Act.

No order as to costs."

2. Learned counsel for appellant has placed before us a

copy of the order dated 05.09.2024 passed in Review

NC: 2024:KHC:45083-DB

Petition No.221/2024 in the aforesaid writ petition filed

by the respondent herein. Paragraphs 5 and 6 of order

reads as under:

"5. Sri H.L. Pradeep Kumar learned counsel appearing for the respondent-Board is unable to dispute the above legal position. It is clarified that the representation at Annexures-L and N shall be considered by respondent-Board without reference to Section 34-B of the KIAD Act.

6. With the above clarifications, the present petition is disposed of."

3. Learned counsel for the appellant state that the appeal

has been filed on the ground that the procedure under

Section 34-B of the Karnataka Industrial Areas

Development Act, 1986 ('KIAD Act' in short) only arises

after execution of the lease cum sale deed and the

physical possession of the allotted property being taken.

4. The learned counsel for appellant submits as the learned

Single Judge has given a clarification, the respondent

shall act in accordance with the directions given by the

NC: 2024:KHC:45083-DB

learned Single Judge in the order dated 03.11.2023 read

with order dated 05.09.2024.

5. The counsel also state that in view of the order in the

review petition, nothing further survives in the appeal.

The appeal be disposed of. It is ordered accordingly.

6. Pending I.A No.2/2024 do not survive for consideration

and stand disposed of.

Sd/-

(V KAMESWAR RAO) JUDGE

Sd/-

(S RACHAIAH) JUDGE

UN