Citation : 2025 Latest Caselaw 10987 Kant
Judgement Date : 9 December, 2025
-1-
NC: 2025:KHC:51950
WP No. 17699 of 2021
C/W WP No. 16142 of 2021
WP No. 16790 of 2021
HC-KAR AND 32 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 09TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO. 17699 OF 2021 (GM-KIADB)
C/W
WRIT PETITION NOS. 16142 OF 2021, 16790 OF 2021,
17705 OF 2021, 18561 OF 2021, 18595 OF 2021,
18606 OF 2021, 18612 OF 2021, 19792 OF 2021,
19794 OF 2021, 19818 OF 2021, 19826 OF 2021,
19836 OF 2021, 19837 OF 2021, 19840 OF 2021,
19853 OF 2021, 19855 OF 2021, 19857 OF 2021,
19887 OF 2021, 19889 OF 2021, 19891 OF 2021,
19893 OF 2021, 19905 OF 2021, 22153 OF 2021,
22197 OF 2021, 3 OF 2022, 1131 OF 2022,
6074 OF 2022, 6139 OF 2022, 6225 OF 2022,
Digitally signed by
ARUNKUMAR M S 9680 OF 2022, 9689 OF 2022, 9693 OF 2022,
Location: HIGH
COURT OF 9704 OF 2022 & 9711 OF 2022
KARNATAKA
IN WP No. 17699/2021
BETWEEN:
M/S AVS AGRO INDUSTRIES AND COLD STORAGE
PLOT NO.43-P,
KODAKOLA INDUSTRIAL AREA,
MYSURU - 571311,
REPRESENTED BY ITS
MANAGING PARTNER
SHARAN SHESHADRI AS.
-2-
NC: 2025:KHC:51950
WP No. 17699 of 2021
C/W WP No. 16142 of 2021
WP No. 16790 of 2021
HC-KAR AND 32 OTHERS
...PETITIONER
(BY SRI. VARDHAMAN V. GUNJAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
COMMERCE AND INDUSTRIES DEPARTMENT,
M.S.BUILDING,
BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER/
EXECUTIVE MEMBER,
NO.49, 4TH AND 5TH FLOORS,
EAST WING,
KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
REPRESENTED BY ITS ASSISTANT SECRETARY,
MYSORE ZONAL OFFICE, KRS ROAD,
METAGULLY, MYSURU - 570 016
PAN AAATK1305J.
...RESPONDENTS
(BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-F DATED 23.11.2020 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
PLOT DEMANDED BY THE RESPONDENTS AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
M/S A. NORTH EASTERN INDUSTIRES A PROPRIETARY ENTITY, HAVING ITS REGISTERED OFFICE AT NO.952, SUNDER VILAS, LAKSHMIPURAM.
MYSURU - 570 004 PAN BINPS7616G REPRESENTED BY ITS PROPRIETOR, SRI. S.J. SUKESH ...PETITIONER (BY SRI. VARDHAMAN V. GUNJAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J.
....RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-D DATED 07.11.2020 ISSUED BY RESPONDENT NO.3 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENTS AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
AUTOLIV INDIA PVT LTD PLOT NO.44, KADAKOLA INDUSTRIAL AREA MYSURU - 571311 REPRESENTED BY ITS DIRECTOR SRI. RAJESH KUMAR RAM.
...PETITIONER
(BY SRI. VARDHAMAN V. GUNJAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING,
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J..
...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-F DATED 07.04.2020 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENTS AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
M/S. SRI SIDDARTHA INDUSTRIES NO.860 E AND F BLOCK PANCHAMANTRA ROAD,
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
KUVEMPUNAGAR, MYSURU-570023.
PAN NO.ABOPR2012C REPRESENTED BY ITS MANAGING PARTNER SRI. S. RANGANATHAIAH.
...PETITIONER
(BY SRI. VARDHAMAN V. GUNJAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J..
...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-E DATED 30.12.2020 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENT NO.3 AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
M/S AJAY FOOD INDUSTRIES PLOT NO.52, KODAKOLA INDUSTRIAL AREA MYSURU - 571 311 REPRESENTED BY ITS PROPRIETOR TV AJAY.
...PETITIONER (BY SRI. VARDHAMAN V. GUNJAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD,
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J.
...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-D DATED 12.11.2020 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENT NO.3 AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
M/S MECHOTRONICS PLOT NO. 78-C3 KODAKOLA INDUSTRIAL AREA MYSORE - 571 311 REPRESENTED BY ITS PROPRIETOR SREEHARI T.S. ...PETITIONER (BY SRI. VARDHAMAN V. GUNJAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J.
...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-E DATED 12.11.2020 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENT NO.3 AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
- 10 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
BETWEEN:
M/S FLEXO TECH PRODUCTS PLOT NO.132, KODAKOLA INDUSTRIAL AREA MYSURU-571311 REPRESENTED BY ITS MANAGING PARTNER BHARATH D. ...PETITIONER (BY SRI. VARDHAMAN V. GUNJAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J.
- 11 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-D DATED 17.11.2020 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENT NO.3 AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
M/S M P IRRIGATIONS PLOT NO.93 KODAKOLA INDUSTRIAL AREA MYSURU-571311 REPRESENTED BY ITS PROPRIETRIX SURAYA ANJUM.
...PETITIONER
(BY SRI. VARDHAMAN V. GUNJAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS
- 12 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J.
...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-D DATED 23.11.2020 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENT NO.3 AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
MALLAPPA FOOD INDUSTRY PLOT NO.80 KADAKOLA INDUSTRIAL AREA KADAKOLA MYSORE-571311 REPRESENTED BY ITS PROPRIETOR M. S. MOHAN.
- 13 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
...PETITIONER (BY SRI. VARDHAMAN V. GUNJAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J.
...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-E DATED 20.11.2020 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE
- 14 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
SCHEDULED PLOT DEMANDED BY THE RESPONDENT NO.3 AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
SHREE SAI EXPRESS CARGO AND CARRIERS PLOT NO.115-A, KODAKOLA INDUSTRIAL AREA, MYSORE 571311, PAN NO.AJWPK7502J, REPRESENTED BY ITS PROPRIETOR, SRI. K. VIJAY KUMAR.
...PETITIONER
(BY SRI. VARDHAMAN V. GUNJAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
- 15 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J.
...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-D DATED 23.11.2020 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENT NO.3 AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
SURYA MACHINERIES PLOT NO.78/C-2 KIADB INDUSTRIAL AREA JAIPURA HOBLI, KADAKOLA MYSURU - 571311 PAN NO.GDIPS0467N REPRESNTED BY ITS PROPRIETRIX SMT. P. SUGUNA.
...PETITIONER (BY SRI. VARDHAMAN V. GUNJAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
- 16 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J.
...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-D DATED 17.11.2020 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENT NO.3 AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
M/S. DONTHI FOODS PVT LTD PLOT NO.28 AND 29 PART, KODAKOLA INDUSTRIAL AREA,
- 17 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
MYSORE 571311.
REPRESENTED BY ITS DIRECTOR, G. VINAY KUMAR.
...PETITIONER (BY SRI. VARDHAMAN V. GUNJAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J.
...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
- 18 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
QUASH ANNEXURE-E DATED 07.11.2020 IMPUGNED
NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENT NO.3 AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
P U QUALITY WALK PVT LTD PLOT NO.36-B, KODAKOLA INDUSTRIAL AREA, MYSURU-571311, PAN AAGCP7296J, REPRESENTED BY ITS MANAGING DIRECTOR, SRI. RAGHAVA N. ...PETITIONER (BY SRI. VARDHAMAN V. GUNJAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
- 19 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J.
...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-E DATED 20.11.2020 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENT NO.3 AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
TRISHUL ENGINEERING NO.A-8 CMT INDUSTRIAL ESTATE K R S RAOD METAGALLI POST MYSURU - 570 016 REPRESENTED BY ITS PARTNERS PAN AACFT8095Q SRI. K. RAJU AND SMT. REKHA RAJU.
...PETITIONER (BY SRI. VARDHAMAN V. GUNJAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING,
- 20 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J.
....RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-D DATED 27.11.2020 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENT NO.3 AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
PREMIER ILLUMINATIONS PLOT NO.102-A,
- 21 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
KADAKOLA INDUSTRIAL AREA, MYSURU - 571 311 PAN AABFP3374P REPRESENTED BY ITS PARTNER, SRI. GEORGE V. PINTO.
...PETITIONER (BY SRI. VARDHAMAN V. GUNJAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J.
...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
- 22 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-F DATED 19.11.2020 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENT NO.3 AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
HARITA FEHRER LTD PLOT NO.40, KODAKOLA INDUSTRIAL AREA, MYSORE 571311, REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE DWARKANATH N. ...PETITIONER (BY SRI. VARDHAMAN V. GUNJAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD,
- 23 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J.
...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-D DATED 13.11.2020 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENT NO.3 AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
RANGANATHA ENTERPRISES PLOT NO.117-A, KODAKOLA INDUSTRIAL AREA, MYSORE 571311, PAN ADAPR0354D, REPRESENTED BY ITS PROPRIETOR, SRI.RANGANATH.
...PETITIONER (BY SRI. VARDHAMAN V. GUNJAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA
- 24 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J.
...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-E DATED 27.11.2020 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENT NO.3 AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
- 25 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
ESSAR TECHNOLOGIES PLOT NO.19/A, KODAKOLA INDUSTRIAL AREA, MYSURU - 571311, REPRESENTED BY ITS PROPRIETOR, NAGARAJEGOWDA.
...PETITIONER AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J.
...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
- 26 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-D DATED 11.11.2020 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENT NO.3 AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
IMPACT PACKAGING SOLUTIONS PLOT NO.116-B, KODAKOLA INDUSTRIAL AREA, MYSURU - 571311, REPRESENTED BY ITS PROPRIETRIX SUSHMA L.N. ...PETITIONER AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS
- 27 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J.
...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-D DATED 20.11.2020 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENT NO.3 AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
FIEM INDUSTRIES LTD PLOT NO.133, KODAKOLA INDUSTRIAL AREA, MYSURU-571311, REPRESENTED BY ITS AUTHORIZED SIGNATORY, V. KOTHANDA RAMAAN.
...PETITIONER AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
- 28 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J.
...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-D DATED 20.11.2020 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENT NO.3 AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
S M ENTERPRISES TM AND OD PLOT NO.26, KODAKOLA INDUSTRIAL AREA, MYSURU - 571311,
- 29 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
PAN AKQPS9970B, REPRESENTED BY ITS PROPRIETOR, SRI. SUDHEEP R. SRIVATSA ...PETITIONER AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J.
...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-D DATED 10.11.2020 IMPUGNED
- 30 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENT NO.3 AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
IMRAN GENERAL ENGINEERING WORKS PLOT NO.60-A, KODAKOLA INDUSTRIAL AREA, MYSURU - 571311, REPRESENTED BY ITS PROPRIETOR, MOHAMMED IMRAN.
...PETITIONER (BY SRI. VARDHAMAN V. GUNJAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD,
- 31 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
METAGULLY, MYSURU - 570 016 PAN AAATK1305J.
...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-E DATED 20.11.2020 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENT NO.3 AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
P M INDUSTRIES (EARLIER M/S PM ELECTRONICS) PLOT NO.118-B, KADAKOLA INDUSTRIAL AREA, MYSURU-571311, PAN ARFPP5591D, REPRESENTED BY ITS PROPRIETOR, SRI.PRITHVIRAJ, P.K. REPRESENTED BY HIS GPA HOLDER SRI P.S. KEMPARAJU.
...PETITIONER (BY SRI. VARDHAMAN V. GUNJAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING,
- 32 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J.
...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-E DATED 20.01.2021 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENT NO.3 AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
M/S. S. N. V. INDUSTRIES NO.816, 12TH MAIN ROAD,
- 33 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
VIJAYANAGAR, MYSURU - 570017, PAN AAAIT1305J, REPRESENTED BY ITS ASSISTANT SECRETARY, SRI. VASANTHA KUMAR.
...PETITIONER (BY SRI. VARDHAMAN V. GUNJAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J..
.....RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
- 34 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-D DATED 20.11.2020 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENT NO.3 AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
JWALAMALA WHEAT FOODS REGD OFF 961/10, SHESHADHIR IYER ROAD, LAKSHMIPURAM, MYSURU - 570004, PAN AHEPS5321D REPRESENTED BY MANAGING PARTNER SRI. SHRUNGAN B.N. ...PETITIONER (BY SRI. VARDHAMAN V. GUNJAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS,
- 35 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J.
...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-E DATED 24.11.2020 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENT NO.3 AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
M/S. VISHWA AGROTECH AND BIO TECH REGD OFFICE 45-A, II STAGE, NEAR N I E SCIENCE COLLEGE VISHWESWARA NAGARA, MYSURU - 570008 PAN AFMB2257H, REPRESENTED BY PROPRIETOR, SRI. B. CHANDRAN.
...PETITIONER
- 36 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
(BY SRI. VARDHAMAN V. GUNJAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J.
...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-D DATED 20.11.2020 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE
- 37 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
SCHEDULED PLOT DEMANDED BY THE RESPONDENTS AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
M/S. T.B. KAWASHIMA AUTOMOTIVE TEXTILES INDIA PVT LTD PLOT NOS.41, 42, AND 43 KADAKOLA INDUSTRIAL AREA MYSURU - 571311 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE GOPALA RAO KRISHNA.
...PETITIONER (BY SRI. VARDHAMAN V. GUNJAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
- 38 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J.
...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-D DATED 24.11.2020 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENTS AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
V S LOGISTICS NO.21, 3RD MAIN YADAVAGIRI MYSURU -570020 PAN AAHFVO328D REPRESENTED BY ITS PARTNER SRI. M. SHASHIKUMAR.
...PETITIONER (BY SRI. VARDHAMAN V. GUNJAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
- 39 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J.
...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-D DATED 17.11.2020 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENT NO.3 AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
HECTOR BEVERAGES PVT LTD
- 40 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
KODAKOLA INDUSTRIAL AREA MYSURU - 571311 REPRESENTEED BY ITS SENIOR MANAGER SATISH M.S. ...PETITIONER (BY SRI. VARDHAMAN V. GUNJAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J.
...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
- 41 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
QUASH ANNEXURE-D DATED 21.05.2021 IMPUGNED
NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENT NO.2 AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
ESSAR RESINS PLOT NO.139-P KODAKOLA INDUSTRIAL AREA MYSURU-571311 REPRESENTED BY ITS PROPRIETOR KUMARASWAMY.
...PETITIONER (BY SRI. VARDHAMAN V. GUNJAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS
- 42 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J.
...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-E DATED 27.11.2020 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENT NO.3 AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
M/S RAHUL PRINTERS PLOT NO.137-B, KIADB INDUSTRIAL AREA, MYSURU - 571311, REPRESENTED BY ITS PROPRIETOR SRI. J.M. MALLESH AGED ABOUT 65 YEARS ...PETITIONER (BY SRI. VARDHAMAN V. GUNJAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING,
- 43 -
NC: 2025:KHC:51950
HC-KAR AND 32 OTHERS
BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J.
...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-E DATED 21.08.2021 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENT NO.3 AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
M/S NATURAL WOOD INDUSTRIES
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PLOT NO.128,
KODAKOLA INDUSTRIAL AREA MYSURU - 571 311 REPRESENTED BY ITS PROPRIETOR, ABBAS A MITHIBORWALA AGED 36 YEARS.
...PETITIONER (BY SRI. VARDHAMAN V. GUNJAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J.
...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
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HC-KAR AND 32 OTHERS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-E DATED 17.11.2020 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENTS AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
M/S YASHASH ENTERPRISES PLOT NO.123-B, KIADB INDUSTRIAL AREA MYSURU - 571311, REPRESENTED BY ITS PROPRIETOR SRI. SIDDARAJU, AGED ABOUT 48 YEARS.
...PETITIONER (BY SRI. VARDHAMAN V. GUNJAL, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
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3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J.
...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-E DATED 24.11.2020 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENT NO.3 AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
M/S DHANUSH ENTERPRISES PLOT NO.123-C KODAKOLA INDUSTRIAL AREA, MYSURU - 571 311 REPRESENTED BY ITS PROPRIETOR PRAKAHS B K AGED ABOUT 42 YEARS.
...PETITIONER (BY SRI. VARDHAMAN V. GUNJAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING,
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BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J.
...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-F DATED 12.11.2020 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENT NO.3 AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
BETWEEN:
M/S STRATEGI AUTOMATION SOLUTIONS PVT LTD PLOT NO.131, KIADB INDUSTRIAL AREA
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HC-KAR AND 32 OTHERS
MYSURU - 571311, REPRESENTED BY ITS PSROPRIETOR SRI. ARUN K MENON AGED ABOUT 58 YEARS.
...PETITIONER (BY SRI. VARDHAMAN V. GUNJAL, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/ EXECUTIVE MEMBER, NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS ASSISTANT SECRETARY, MYSORE ZONAL OFFICE, KRS ROAD, METAGULLY, MYSURU - 570 016 PAN AAATK1305J.
...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
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HC-KAR AND 32 OTHERS
QUASH ANNEXURE-E DATED 23.11.2020 IMPUGNED NOTICE DEMANDING ENHANCED PRICE TOWARD THE SCHEDULED PLOT DEMANDED BY THE RESPONDENT NO.3 AS ILLEGAL AND CONTRARY TO LAW; AND ETC.
THESE WRIT PETITIONS HAVING BEEN RESERVED FOR ORDERS, COMING ON FOR PRONOUNCEMENT THIS DAY, E.S. INDIRESH J., MADE THE FOLLOWING:
CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH
CAV ORDER
Since the common question of law and facts are
involved in these petitions, at the consent of the parties,
petitions were clubbed and heard together and as such,
disposed of by this common order.
2. It is the case of petitioners that, petitioners are
the allottees of Plot at Kadakola Industrial Area, Mysuru by
the respondent-KIADB during the year 2011-14. Petitioners
had entered into lease-cum-sale agreement with the
respondent-KIADB subject to terms and conditions to be
fulfilled by petitioners so as to get the registered sale deed,
after ten years from the date of execution of lease-cum-sale
agreement. It is stated that the respondent-KIADB fixed the
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tentative price for the Plot at Rs.70,00,000/- (70.00 lakhs)
per acre. It is also stated in the petitions that the
respondent-KIADB issued impugned Demand Notices,
enhancing the price of the Plots exorbitantly. Being aggrieved
by the same, petitioners presented these petitions on the
ground that the respondents have not placed any material for
enhancement of the price of the Plots unreasonably and that
apart, no reasons have been assigned for enhancing the price
of the Plots. Therefore, it is the contention of petitioners that
the claim made by the respondent-KIADB is unreasonable and
contrary to Article 14 of the Constitution of India.
3. Heard learned counsel appearing for the parties.
4. Sri. Vardhaman V. Gunjal, learned counsel
appearing for petitioners contended that the respondent-
KIADB enhanced the price of Plots without providing the
break-up for enhancement of the price of the Plots in
question. Learned counsel further contended that the
respondent-KIADB paid Rs.25,00,000/- (25.00 Lakhs) per
acre to the land owners and after including the service
charges and cost of development including the cost of
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acquisition, had raised to Rs.76.69 lakhs per acre and
therefore, as there is no break-up figure shown by supporting
relevant document and the respondent-KIADB is collecting
totally 65.93 crores in the project, the claim made by the
respondent-KIADB in the impugned Demand Notices is unjust
and contrary to law declared by Hon'ble Supreme Court in the
case of KARNATAKA INDUSTRIAL AREAS DEVELOPMENT
BOARD AND ANOTHER vs. PRAKASH DAL MILL AND
OTHERS reported in (2011)6 SCC 714.
5. It is also argued by learned counsel appearing for
the petitioners that the entire acquisition proceedings was
completed and land owners were paid compensation
accordingly, and thereafter allotment commenced during the
year 2013-14, which is well within a period of six years,
however, the respondent-KIADB is demanding the
petitioner/allottees to pay double the amount specified in the
lease-cum-sale agreement. Therefore, learned counsel
submits that, the respondent-KIADB being an instrumentality
of the State under Article 12 of the Constitution of India, shall
not demand exorbitantly without reasons and therefore,
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impugned Demand Notices issued by the respondent-KIADB
does not survive for consideration. Accordingly, he sought for
interference of this Court.
6. Per contra, Sri. K. Shashi Kiran Shetty, learned
Senior Counsel on behalf of Sri. Ashok N. Naik, appearing for
the respondent-KIADB sought to justify the impugned
Demand Notices and contended that the respondent-KIADB,
being a statutory Board, allotting the Plots for the industrial
growth in the State of Karnataka on 'no profit - no loss' basis,
however, the respondent-KIADB is collecting only services
charges and therefore, sought for dismissal of the petitions.
7. Learned Senior Counsel appearing for the
respondent-KIADB further contended that the allotment
letters issued to the petitioners specifically mentioned about
the tentative price of the land/plot, subject to adjustment of
amount towards premium. By referring to Clause 6 of one
such allotment letter dated 17th May, 2012 (Annexure-A in
Writ Petition No.17699 of 2021), learned Senior Counsel
argued that, soon after completion of the entire project, the
payment of 100% tentative cost of the land would be
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HC-KAR AND 32 OTHERS
collected and the said aspect of the matter was reflected at
Clause 1(a) and 22 of lease-cum-sale agreement dated 25th
April, 2014 (Annexure-B in W.P.No.17699 of 2021) and
therefore, the petitioners cannot raise plea on challenging the
Demand Notices issued by the respondent-KIADB.
8. It is also argued by learned Senior Counsel Sri. K.
Shashi Kiran Shetty that, the period was not fixed in allotment
letters or in the lease-cum-sale agreements as to the
completion of the project, and therefore, the grounds urged in
writ petitions are untenable. In this regard, learned Senior
Counsel places reliance on the judgment of Hon'ble Supreme
Court in the case of BAREILLY DEVELOPMENT AUTHORITY
AND ANOTHER vs. AJAI PAL SINGH AND OTHERS
reported in (1989)2 SCC 116 and in the case of STATE OF
U.P. AND OTHERS vs. BRIDGE & ROOF COMPANY
(INDIA) LTD. reported in (1996)6 SCC 22 and argued that,
writ petitions are not maintainable to challenge the impugned
Demand Notices issued by the respondent-KIADB.
Accordingly, sought for dismissal of the writ petitions.
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9. Sri. Mahantesh Shetter, learned Additional
Government Advocate appearing for the respondent-State
argued on similar lines as that of learned Senior Counsel
appearing for the respondent-KIADB.
10. In the light of submission made by learned
counsel appearing for the parties, I have carefully examined
the grounds urged in writ petitions. The only grievance of the
petitioners in these writ petitions is that the respondent-
KIADB, though collected the sale consideration at the time of
making allotment letters, demanding exorbitant sale
consideration, after a lapse of 5 to 6 years in respect of the
Plots in question to execute the registered Sale Deeds in
favour of the petitioner/allottees.
11. It is not in dispute that the respondent-KIADB had
allotted Plots of different dimensions to the petitioners as per
the allotment letters issued during the year 2011-14. On
perusal of allotment letters, the same would indicate that the
respondent-KIADB fixed the tentative price of the land at
Rs.70,00,000/- (Rs.70.00 Lakhs) per acre. The terms and
conditions in the allotment letter provides for payment of
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entire tentative cost of the land and thereafter, the possession
certificate would be issued in favour of the allottees. It is also
not in dispute that the lease-cum-sale agreement was
executed by the respondent-KIADB in favour of the
petitioner/allottees and the terms and conditions theein
provide that the allotment of respective plots, wherein, sale
consideration is fixed tentatively. It is the case of the
petitioners that the respondent-KIADB is claiming sale
consideration exorbitantly and on the other hand, the
arguments of the respondent-KIADB that the total cost of the
land would be calculated based on the final acquisition cost,
development of the land including the conversion charges and
other statutory dues. In this regard, Hon'ble Supreme Court
in the case of PRAKASH DAL MILL (supra) had an occasion
to consider Regulation 7 of the Karnataka Industrial Areas
Development Board Regulations, 1969 (for short, hereinafter
referred to as 'Regulations-1969').
12. I have carefully perused the Regulations-1969.
Regulation 5 provides for manner of disposal of land;
Regulation 8 provides for Deposit to be made by the
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applicants towards cost of land and development charges on
allotment and such deposit shall be adjusted towards the cost
of land and such other incidental expenses incurred by the
respondent-KIADB after the completion of entire project as a
whole. It is clearly mentioned in the Regulation 8 that the
deposit that may be made by the applicant/allottees at the
time of issuance of allotment letter and lease-cum-sale
agreement is only the probable cost of the land and same is
not conclusive. Regulation 10 provides for allotment of Plot to
applicant/allottees. Regulation 11 provides for decision of the
Board as to allot Plots/land in favour of such allottees.
Regulation 15 provides that, after a issuance of allotment
letter, the allottee will be considered as licensee till the
execution of lease-cum-sale agreement to be entered into
with the respondent-KIADB. On perusal of the allotment
letters and lease-cum-sale agreement referred to above,
wherein, it is clearly stated as to fix the tentative price for the
land/plot and same has been accepted by the allottes much
less the petitioners herein. In that view of the matter,
petitioners being accepted the terms and conditions in the
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allotment letter and entered into a registered lease-cum-sale
agreement, cannot be permitted to turn around and say that
the price of the plot/land is exorbitantly enhanced by the
respondent-KIADB. It is pertinent to mention here that the
object of the respondent-KIADB is to make special provision
for securing the establishment of industrial areas in the State
of Karnataka to promote and develop industries. The
respondent-KIADB being an instrumentality of the State under
Article 12 of the Constitution of India, is facilitating the
industrial entrepreneurs for establishment of industry and
working on 'no profit - no loss' basis. Therefore, I am of the
view that the contentions raised by the petitioners in these
petitions cannot be accepted.
13. It is well established principle in law that, when
instrumentality of State under Article 12 of the Constitution of
India entered into contract with the private parties, the
parties are governed by the terms of the contract and this
Court is having limited jurisdiction to interfere with the
contractual obligations between the parties. The said aspect
of the matter was considered by Hon'ble Supreme Court in
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the case of AJAI PAL SING (supra) and in the case of
BRIDGE & ROOF COMPANY (INDIA) LTD. (supra).
14. Recently, Hon'ble Supreme Court in the case of
SUBODH KUMAR SINGH RATHOUR vs. CHIEF EXECUTIVE
OFFICER AND OTHERS reported in AIR 2024 SC 3784, it is
held that, although disputes arising purely out of contracts are
not amenable to writ jurisdiction, considering obligation of the
State to act fairly and not arbitrarily or capriciously, when
contractual power is being used for public purpose, it is
amenable to judicial review. In the present case, as the
respondent-KIADB, after completion of project has calculated
the expenses incurred for acquisition of land, development
and payment of statutory dues etc., this Court is declined to
interfere with the decision taken by the respondent-KIADB, to
issue impugned demand notices to the petitioners. In the
result, writ petitions fail and accordingly, dismissed as
devoid of merits.
SD/-
(E.S.INDIRESH) JUDGE
ARK
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