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Mr. G Mahendravarma vs Karnataka Industrial Area Development ...
2026 Latest Caselaw 278 Kant

Citation : 2026 Latest Caselaw 278 Kant
Judgement Date : 20 January, 2026

[Cites 5, Cited by 0]

Karnataka High Court

Mr. G Mahendravarma vs Karnataka Industrial Area Development ... on 20 January, 2026

Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 20TH DAY OF JANUARY, 2026

                                             BEFORE
                        THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
                        WRIT PETITION NO. 8660 OF 2024 (GM-KIADB)
                   BETWEEN

                   MR. G MAHENDRAVARMA
                   S/O LATE GANTAIAH,
                   A/A 65 YEARS,
                   R/AT NO. 499, 1ST CROSS ROAD,
                   6TH MAIN ROAD, H BLOCK,
                   RAMAKIRHNANAGAR,
                   MYSORE - 570023.

                                                                   ... PETITIONER

                   (BY SRI. THARANATH POOJARY., SR. ADVOCATE FOR
                       SMT. VEENA T.N., ADVOCATE)

                   AND
Digitally signed
by SHWETHA         1.    KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD
RAGHAVENDRA              NO. 49, 4TH FLOOR,
Location: HIGH
COURT OF                 EAST DIVISION, KHANIJA BHAVAN,
KARNATAKA                RACE COURSE ROAD,
                         BANGALORE - 570016.
                         REP BY CHIEF EXECUTIVE OFFICER,
                   2.    THE JOINT DIRECTOR
                         DISTRICT INDUSTRY CENTRE,
                         CTI BUILDING SAYYAJI RAO ROAD,
                         MYSORE - 570001.
                   3.    ASSISTANT SECRETARY
                         KIABD ZONAL OFFICE,
                         KSR ROAD,
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     MYSORE - 570016.
4.   THE DEVELOMENT OFFICER
     ZONAL OFFICE,
     KSR ROAD,
     MYSORE - 570016.
5.   M/S VEERBHADRESHWARA INDUSTRIES
     REP BY ITS PROPRIETOR,
     SRI VEERABHADRA J,
     AGED MAJOR,
     NO. 543/1, 10TH CROSS,
     V V NAGARA, KALLAHALLI EXTENSION,
     MANDYA - 571 401.
     PROPRIETORYSHIP CONCERN.

                                             .... RESPONDENTS
(BY SRI. K. SHASHI KIRAN SHETTY., SR. ADVOCATE FOR
    SRI. H.L. PRADEEP KUMAR., ADVOCATE FOR R1 TO R4;
    SRI. ANOOP HARANAHALLI., ADVOCATE FOR R5;
    Ms. SUKURTHA R., ADVOCATE FOR R6)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI QUASHING ALLOTMENT DATED 29/02/2024 ISSUED BY
THE    R3   IN  FAVOUR     OF   THE   R5  MADE    IN   NO.
KIADB/MYS/24509/5140/2023-24 VIDE ANNEXURE-A, IN THE
GREATER INTEREST OF JUSTICE, EQUITY AND GOOD CONSCIENCE.
 AND ETC.

     THIS WRIT PETITION COMING ON FOR ORDERS AND HAVING
BEEN RESERVED FOR ORDERS ON 04.12.2025, THIS DAY, THE
COURT PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
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                          CAV ORDER


1.   The Petitioner is before the Court seeking for the

     following reliefs:

     a. Issue a writ of certiorari quashing allotment dated
        29.02.2024 issued by the 3rd Respondent in favour of
        the     5th    Respondent       made       in   No.
        KIADB/MYS/24509/5140/2023-24 vide Annexure-A,
        in the greater interest of justice, equity and good
        conscience.

     b. Issue a consequential writ of mandamus commanding
        the Respondent authorities to issue possession
        certificate and execute lease cum sale deed in favour
        of the Petitioner pursuant to the allotment letters
        dated 19.04.2021 and 05.05.2021 as per Annexure-D
        & E respectively, considering the representations
        dated 23.09.2021, 23.06.2023 vide Annexure-H, J &
        K respectively, in the interest of justice and equity.


2.   Petitioner,   a   member        of   the   Scheduled    Caste

     Community, had applied for a plot reserved for the

     said community for starting a garment industry. In

     pursuance of which, on 14.05.2019, he received an

     intimation that the Single Window Agency, in its

     meeting held on 02.05.2019, had allotted 2 acres of

     land in Adakanahalli Industrial Area, Mysore district.

     Respondent No.3 issued an allotment letter to the

     Petitioner on 19.04.2021 in respect of 8080 sq.mts.
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     of land in Plot No.2/69-1 of Adakanahalli Industrial

     area. In terms of which, the Petitioner was asked to

     pay a sum of Rs.8,30,000/- towards 10% of the land

     cost and other expenses, the allotment value being

     Rs.1.60 crores.

3.   Subsequently, a modified allotment letter was issued

     on 05.05.2021, calling upon the Petitioner to make

     payment   of   the     sum     of   Rs.    11,97,416/-.   The

     Petitioner is stated to have made payments as

     requested; a sum of Rs. 11 lakhs was paid on

     29.01.2021.

4.   On account of actual physical possession not having

     been handed over, the Petitioner submitted various

     representations   to    respondents          on   23.09.2021,

     23.03.2023 and 22.06.2023, which were also not

     acted upon. He subsequently came to know that the

     very same plot had been allotted to respondent No.5

     who belongs to non-reserved category and it is

     thereafter that the Petitioner made an application
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     under the Right to Information Act, 2005 (for short

     hereinafter referred to as "RTI Act") for a copy of

     the allotment letter made in favour of respondent

     No.5, when he came to know that such allotment had

     been made on 29.02.2024. It is in that background

     that the Petitioner is before this Court seeking for the

     aforesaid reliefs.

5.   Sri.Tharanath    Poojary.,      learned    Senior    counsel

     appearing for the Petitioner, would submit that;

     5.1. A total extent of 331 acres has been acquired

          for    industrial    purposes        in   Adakanahalli

          Industrial area, 75 acres amounting to 22.5%

          thereof    have     been     reserved     for   persons

          belonging to the SC/ST category, including 5

          acres in survey No.95, in which plot No.2/69

          has been carved out.

     5.2. By referring to the list of available lands, he

          submits that plot No.1-A25, Plot No.1-A26, and

          plot No. 1-A27 had been reserved for persons
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          belonging to the SC/ST category. That apart, he

          submits that there is a total extent of 52.74

          acres which is vacant; the Petitioner has not

          been granted possession despite an allotment

          letter having been issued.

     5.3. His submission is also that the Petitioner ranks

          at Sl.No.10 in overall seniority in the 2 acres

          category as prepared by the sub-committee

          and, on that account also, the Petitioner was

          required to be granted possession of the 2

          acres plot.

     5.4. By referring to the 135th Meeting of the District

          Level   Single    Window    Clearance     Committee

          ("DLSWCC") dated 02.05.2019, he submits

          that 99 applications from the SC/ST category

          were approved, including that of the Petitioner,

          which   was      informed   to   the   Petitioner   on

          14.05.2019. The Petitioner had identified a

          suitable plot and submitted a project report
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          seeking the allotment of 2 acres in Plot No.2/69

          on   25.05.2019,         which       was   accepted     by

          respondent No.4-th 4, theelopment Officer on

          ,25.06.2019        and    the    plot      No.2/69     was

          bifurcated into 2/69-1 measuring 2 acres and

          2/69-2 measuring 1.74 acres. This report of the

          bifurcation has been accepted by the Chief

          Executive Officer of the Karnataka Industrial

          Area Development Board (for short hereinafter

          referred to as "KIADB") on 17.07.2019. A

          sketch was prepared in respect thereto, and it

          is thereafter that the Petitioner was informed

          by Respondent No.3 to apply online for 2 acres

          of land in plot No.2/69-1, which he applied for

          on 03.12.2019.

     5.5. His submission is that, it is in pursuance of such

          re-application that a provisional allotment order

          was issued to the Petitioner in respect of plot

          No.2/69-1     in   respect      of    8080   sq.mts.    as
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          regards which the Petitioner was required to

          deposit a sum of Rs.8,30,000/- being 10% of

          the land cost and remaining 15% was to be

          paid at the time of issuance of confirmation

          letter.

     5.6. On account of there being a variation in the

          rebate applicable to persons belonging to the

          Schedule Caste and Schedule Tribe category,

          on   05.05.2021,     the   allotment   order   was

          modified, requiring the      Petitioner to make

          payment of a sum of Rs. 1,11,97,416/-. The

          total cost payable by the Petitioner is Rs.

          39,93,540/-, and the government is required to

          make payment of Rs . 1,19,80,620/- towards

          the land cost.

     5.7. On 10.08.2021, respondent No.3 had extended

          the time for payment by a period of one month

          till 10.09.2021. The Petitioner made payment of

          the amounts on 23.09.2021 with a delay of 12
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          days. However, the said payment having been

          accepted, no fault can be found with the

          Petitioner.

     5.8. The provisional allotment having been made,

          the payment required of the Petitioner having

          been paid, the respondent No.4 had cleared the

          confirmation of allotment to the Petitioner, and

          the file was sent to the Chief Executive Officer

          on 06.06.2022, which was approved by the

          Chief Executive Officer on 16.06.2022, despite

          which possession was not granted.

     5.9. His submission is that when the entire process

          in respect of the Petitioner had been completed,

          the KIADB has allotted the very same plot to

          respondent No.5, who had applied in the

          general category and, a lease deed came to be

          executed on 17.10.2023 in general category.

     5.10. His submission is that the respondent No.5 had

          earlier been allotted plot No.142 at Immavu
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          Industrial Area on 17.10.2023, measuring 6023

          square meters. Respondent No.5 not being

          satisfied with the said plot had requested for

          alternate   plot    No.2/69-A   of   Adakanahalli

          measuring 6022 sq. mtrs. And had applied for

          allotment of the plot which was already allotted

          to the Petitioner on 21.02.2024.

     5.11. On 29.02.2024, the said plot already allotted to

          the Petitioner was allotted to the respondent

          No.5 by renumbering the plot No.2/69-1 as

          2/69-A and possession was given to respondent

          No.5 on 29.02.2024.

     5.12. It being later on found that the plot had been

          allotted to the respondent No.5 again sought

          for alternate plot on 06.03.2024 but changed

          his mind on 14.03.2024 to retain the very same

          plot which had been allotted to the Petitioner.

          The respondent No.4 had subsequently, on

          15.03.2024, approved the execution of the
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          lease deed in favour of the respondent No.5,

          which was so executed on 10.05.2024, and

          possession was handed over.

     5.13. An occupancy certificate in respect of building

          constructed on a portion of the allotted land

          measuring 1207 Sq. Mtrs. came to be issued on

          24.03.2025 and thereafter it is alleged that

          respondent No.5 has sub-let the property to

          one other person.

     5.14. His submission is that a plot which had been

          allotted to the Petitioner could not have been

          allotted to the respondent No.5, and as such,

          the   Petitioner     has    suffered     grave     and

          irreparable harm, loss and injury.

     5.15. It is further contended that the Petitioner

          belongs to the SC/ST category, the allotment

          having   been      confirmed   in    favour   of   the

          Petitioner, the plot having been reserved for

          SC/ST applicants, the same could not have
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          been allotted to a person belonging to the

          general category.

     5.16. He submits that there are nearly 52 acres which

          are available for allotment to SC/ST category in

          the year 2019, despite which possession was

          not handed over to the Petitioner. As of

          30.05.2024, 66.65 acres out of 75 acres was

          utilised, there were still 6.68 acres available for

          allotment to the Petitioner.

     5.17. Apart from that, the allotment to one M/s Suri

          Industries and M/s Chamundeshwari Garments

          also been cancelled, and the same is now

          available for allotment to the Petitioner.

     5.18. His submission is that the contention for the

          respondents that there is no land available for

          allotment   to   persons   belonging    to   SC/ST

          category    is   wrong,    inasmuch     as    even

          subsequent to the allotment made in favour of

          the Petitioner lease-cum-sale agreements have
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          been   entered   into     and   with   certain   other

          persons. The Petitioner therefore has been

          discriminated against in his submission.

     5.19. Lastly, he submits that the allotment made in

          favour of the respondent No.5 is not approved

          by DLSWCC or SLSWCC as required under

          Karnataka Industries (Facilitation) Act, 2002

          (for short hereinafter referred to as "Act of

          2002") and as such the allotment is required to

          be set aside.

6.   Sri.K.Shashi Kiran Shetty., learned Senior counsel

     appearing for the KIADB would submit that;


     6.1. Though initially the handover of possession in

          favour of the Petitioner had been denied, there

          is a plot which is now available three plots away

          in plot No.2/66 measuring 2 acres, which would

          be allotted to the Petitioner, and the Petitioner

          cannot have any grievance in relation to the

          allotment in favour of the respondent No.5.
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     6.2. Insofar as the allotment in favour of the

          respondent No.5 is concerned, his submission is

          that respondent No.5 having been allotted a

          plot in Immavu industrial area, the said plot

          No.142 came under litigation by the landowners

          and it is for that reason that the respondent

          No.5 could not implement the project in plot

          No.142 and in that background, an alternate

          plot was allotted to the respondent No.5, where

          the   Respondent        No.5     has   already      put    up

          construction    of     this    industrial    unit    and   is

          carrying on production.


     6.3. He submits that, at this stage it would not be

          fair to reallot the said land to the Petitioner,

          when in the said plot, respondent No.5 is

          already carrying on its business. The alternate

          plot now identified, he submits, being only

          three   plots   away,         having   the    very    same

          amenities, the approach road being the very
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          same one, the Petitioner could well receive the

          said plot in alternative to the plot which had

          earlier been allotted.


     6.4. By relies on the decision of a Co-ordinate Bench

          of this Court dated 12.01.2024 in M/s

          Kamalalayaa Real Estates LLP vs. The

          Karnataka Industrial Areas Development

          Board & Another in WP No.279 of 2024,

          more particularly para 7 thereof, which is

          reproduced hereunder for easy reference;

            7. On the other hand, the learned Advocate
            General representing the Board while taking this
            Court through the Act and documents appended
            to the petition would seek to demonstrate that,
            in the case of cancellation of allotment on the
            breach of terms of allotment, no notice need be
            issued to the allottee. The result of the breach of
            allotment is automatic that the allotment would
            be cancelled. He would contend that this very
            clause was called in question by the other
            allottees and the Division Bench has upheld such
            a clause in the allotment letter. He would
            contend that Section 34B of the Act would come
            into operation only after execution of lease-cum-
            sale agreement in favour of the allottee for the
            purpose of resumption of possession. In the case
            at hand, it is his emphatic submission that, there
            is no possession handed over to the allottee.
            Insofar as the right under the allotment is
            concerned, he would submit that the allotment
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           letter has a life of two years which has also
           expired as on date. Since there is blatant breach
           by the Petitioner of approximately Rs.17/- to
           Rs.19/- crores to be paid to the Board, which is
           yet to be paid, the learned Advocate General
           submits that the petition be dismissed. The
           learned Advocate General would further contend,
           the Division Bench may not have considered
           Section 34B of the Act, but the order of the
           learned Single Judge is only on the applicability
           of Section 34B of the Act to a pre-lease cum sale
           agreement stage. The Division Bench affirms the
           order of the learned Single Judge. Therefore, the
           Petitioner cannot now contend that the judgment
           of the Division Bench is not binding upon this
           Court, which interprets verbatim similar contract
           of allotment in favour of an allottee.



     6.5. By relying on M/s Kamalalayaa Real Estates

         LLP's case, he submits that Section 34(b) of

         the Karnataka Industrial Areas Development

         Act, 1966 (for short hereinafter referred to as

         "Act of 1966") would come into operation only

         after execution of lease-cum-sale agreement.

         In the present case the possession has not

         been handed over to the Petitioner to invoke

         Section 34(b) of the Act of 1966. The matter is

         only at the stage of allotment, there is no

         vested interest in the Petitioner to have the
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          very same plot. The Petitioner's interest would

          be satisfied so long as there is an allotment of a

          plot of 2 acres made to the Petitioner.


     6.6. His submission is that there is no particular plot

          which is reserved for Schedule Caste and

          Schedule Tribe categories. Such a reservation

          would result in the formation of a ghetto, which

          is not the State policy. The State reserves

          22.5% of the plots formed in any industrial

          area for persons belonging to the Schedule

          Caste and Schedule Tribe which could be

          located        anywhere         in      the     industrial

          estate/layout.


     6.7. The claim of the Petitioner that this very plot

          viz.,   plot    No.2/69-1       renumbered       as   plot

          No.2/69-A is reserved particularly for members

          belonging      to   the       Scheduled       Caste   and

          Scheduled       Tribe        category    is    completely

          misplaced, nor is the land in survey No.95
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          reserved    for   the      Scheduled      Caste   and

          Scheduled Tribe category.


     6.8. His submission is that the respondents being

          ready to allot a plot measuring 2 acres, which is

          similarly situated the fact that the Petitioner

          seeks for cancellation of the allotment made to

          respondent No.5 where industry has been put

          up, clearly and categorically indicates that the

          petition has been filed with a malafide motive

          and intent to cause harm, loss and injury to

          respondent No.5 and not for protecting the

          interests of the Petitioner.


     6.9. On that ground, he submits that the above

          petition may be dismissed by imposing an

          exemplary cost.


7.   Sri.Anoop Haranahalli, learned counsel appearing for

     Respondent      No.5   adopts       the    arguments     of
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     Sri.K.Shashi Kiran Shetty., learned Senior counsel for

     Respondents No.1 to 4 and submits that;


     7.1. The     alternative     plot    has    been    allotted    to

          Respondent No.5 in view of the earlier plot

          being under litigation. Respondent No.5 being

          ready      to     implement         the      project,     has

          implemented the project, and if any disruption

          were to be caused in the working of the

          industry, severe harm, loss and injury would be

          caused to Respondent No.5.


     7.2. He also reiterates that the petition has been

          filed malafide to cause harm, loss and injury to

          Respondent No.5.


8.   Heard Sri.Taranath Pujari, learned Senior counsel

     appearing    for     the   Petitioner,     Sri.K.Shashi      Kiran

     Shetty,    learned     Senior       Counsel      appearing     for

     Respondents No.1 to 4 and Sri.Anoop Haranahalli,
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     learned counsel appearing for Respondent No.5.

     Perused papers.


9.   The points that would arise for consideration are;


     1.   Whether petitioner-allottee of a plot can
          claim a vested interest in that particular
          plot and insist on the very same plot to be
          handed over to the Petitioner?
     2.   Whether the allotment of plot No.2/69-A
          to Respondent No.5 which has been
          renumbered from plot No.2/69-1 to
          respondent No.5 is proper and correct?
     3.   What order?
10. I answer above points as follows;


11. Answer to point No.1. Whether petitioner-
    allottee of a plot can claim a vested interest in
    that particular plot and insist on the very same
    plot to be handed over to the Petitioner?


     11.1. The Petitioner, as afore indicated, has claimed

          that plot No.2/69-1 measuring 8080 square

          meters had been allotted to the Petitioner.

          Subsequently, the very same plot has been

          renumbered as plot No.2/69-A, which had been

          allotted to the respondent No.5.
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     11.2. The submissions in this regard are manifold, as

          indicated supra. Suffice it to say, that the

          Petitioner   has    been      insisting   only    for   the

          handing over of possession of plot No.2/69-1 of

          Adakanahalli Industrial Area and for a lease-

          cum-sale agreement to be executed in relation

          thereto.


     11.3. Though initially the argument advanced was

          that the Petitioner was ready for any plot

          measuring an extent of 2 acres to be handed

          over    to    the        Petitioner.      Subsequently,

          contending    that      the    Respondent        was    not

          handing over possession of any land, the

          Petitioner submitted a representation and filed

          the present petition.


     11.4. In fact, the Petitioner in his written submission

          has categorically stated that as on 01.01.2019,

          331 acres having been acquired, 75 acres

          having been allocated to SC/ST category. More
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          than 52 acres was available for allotment to

          such   category     and     as   on 30.05.2025    the

          allotment of only 66.65 acres having been

          done, there were 6.68 acres available for

          allotment to the Petitioner. They have further

          contended    that      as    on     09.04.2021,   the

          allotments made to M/s Suri Industries and M/S

          Chamundeshwari Garments, totally measuring

          1.2 acres had also been cancelled. Also, an

          extent of 2 acres allotted to M/s Byraveshwara

          Warehouse had been cancelled, which was

          available for allotment to the Petitioner.


     11.5. Such being the case, when the Petitioner was

          ready for allotment of any land out of 6.68

          acres indicated supra or from and out of the

          plots cancelled, which had earlier been allotted

          to M/s Suri Industries, M/s Chamundeshwari

          Garments and M/s Byraveshwara Warehouse.

          It is rather strange that the Petitioner, though
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          offered plot No.2/66, which is three plots away

          and which measures 2 acres refuses such

          allotment and seeks for allotment of land in

          Sy.No.2/69-1 in my considered opinion, the

          same can only be said to be malafide.


     11.6. In fact, the offer made by KIADB was put to the

          Petitioner and the Learned Senior Counsel for

          the   Petitioner    sought     for   time   to   obtain

          instructions and make his submission, which

          was so granted by recording the same in the

          order dated 19.11.2025.


     11.7. Learned Senior counsel for the Petitioner had

          on instructions contended that the offer made

          was a conditional one, when the Sri.K.Shashi

          Kiran Shetty., learned Senior counsel appearing

          for KIADB had categorically clarified the same

          stating that there is no condition for such

          allotment. If the Petitioner were willing for such

          allotment,    the       same     would      be   made
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          immediately at the same cost as that made

          earlier.


     11.8. This    also   has      not     been    accepted      by   the

          Petitioner,      in     that     background          the    only

          inference       that    can      be   drawn     is   that   the

          Petitioner wants to cause harm, loss and injury

          to Respondent No.5 who has been allotted Plot

          No.2/69-1, though now renumbered as Plot

          No.2/69-A where Respondent No.5 has set up

          its     industry.      Otherwise,       there   can    be    no

          particular reason for the Petitioner to insist on

          such allotment, when the plot now agreed to be

          allotted is only 3 plots away and has the very

          same amenities as available to Plot No.2/69-1.


     11.9. The entitlement, if at all, of the Petitioner being

          only to an extent of 2 acres, the KIADB being

          ready to allot 2 acres in plot No.2/66 the

          insistence of the Petitioner for allotment and
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         hand over the possession of plot No.2/66 is in

         no uncertain terms a malicious one.


   11.10. Insofar as reservation of plots is concerned, as

         rightly contended by Sri.K.Shashi Kiran Shetty.,

         learned Senior counsel appearing for KIADB, no

         particular plot can be reserved for a particular

         category of persons. It is an overall reservation

         which could be made to spread out the said

         plots in the entire industrial area so as to

         integrate the persons belonging to the Schedule

         Caste and Schedule Tribe category into the

         larger industrial project. There is no particular

         document which has been placed on record by

         the Petitioner indicating that plot No.2/69-1 of

         Adakanahalli Industrial Area has been reserved

         exclusively   for     persons        belonging      to   the

         Schedule Caste and Schedule Tribe category.


  11.11. In that background, the mere oral submission

         of   Sri.Tharanath           Poojary.,    learned    Senior
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         counsel appearing for the Petitioner, cannot be

         accepted that this particular plot has been

         reserved for persons belonging to Schedule

         Cache and Schedule Tribe category and cannot

         be allotted to a person belonging to General

         Category, infact in the list of plots relied upon

         by the learned senior counsel for the Petitioner,

         this plot is not so reserved certain other plots

         have been demarcated for Schedule Caste,

         hence, even as per that document the present

         plot is not reserved for Scheduled Caste as

         sought to be contended now. The arguments on

         this can be clearly and categorically seen to be

         contradictory. This being moreso, when the

         KIADB has come forward to allot 2 acres of land

         in Plot No.2/66, which is 3 plots away.


  11.12. In that background, I answer Point No.1

         by holding that there is no vested right in

         the   Petitioner      for   allotment     of   Plot
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            No.2/69-1, for possession of that plot only

            to be handed over to the Petitioner and/or

            for a lease-cum-sale                   agreement to         be

            executed in respect of that plot only.


12.   Answer to Point No.2; Whether the allotment of
      plot No.2/69-A, which has been renumbered
      from plot No.2/69-1 to respondent No.5 is
      proper and correct?

      12.1. It    is    contended      by        Sri.Tharanath   Poojari.,

            learned       Senior     counsel        appearing    for    the

            Petitioner that allotment of plot No.2/69-1 had

            made in favour of the Petitioner, subsequently

            renumbering the same as plot No.2/69-A an

            extent of 6022.50 sq.mtr., (roughly 1.50 acres)

            had        been   allotted      to    respondent     No.5   on

            29.02.2024, the allotment in favour of the

            Petitioner having been made much earlier.


      12.2. What is required to be taken into consideration

            is that the plot in plot No.142 allotted to
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          respondent No.5 in Immavu Industrial Area

          became a subject matter of litigation with the

          erstwhile landowners and as such that plot

          could not be made available to respondent

          No.5.


     12.3. Undisputably, an allotment in favour of the

          respondent No.5 was made in plot No.142

          much earlier and it is only on account of the

          litigation that the alternate plot was required to

          be allotted to respondent No.5.


     12.4. This allotment of alternative plot cannot be

          faulted with, moreso when plot No.2/69 initially

          measured 3.74 acres and at the request of the

          Petitioner that the same was bifurcated into 2

          acres and 1.74 acres. Now plot No.2/69-A

          measuring    1.50     acres   being   allotted   to

          Respondent No.5 cannot be said to cause any

          harm or injury to the Petitioner. In fact, there

          is an adjacent land which is also available for
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          the   Petitioner   for      allotment.    However,   the

          KIADB taking into consideration the stand of

          the Petitioner to cause loss and injury to

          Respondent No.5 and to avoid any untoward

          incident has chosen to allot two acres in plot

          No.2/66 which is three plots away, however the

          Petitioner has refused to accept the same as

          indicated supra.


     12.5. Though initially the allotment of plot No.2/69-1

          was made in favour of the Petitioner, the

          reason for allotment of the very same land in

          favour of Respondent No.5 being on account of

          the litigation in respect of the other plot allotted

          to the Respondent No.5, in my considered

          opinion the actions on part of the KIADB cannot

          be faulted with. Moreso, when KIADB is ready

          to allot 2 acres of land in plot No.2/66.


   12.6. Thus, I answer point No.2 by holding that

          the    allotment            made     in    favour    of
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             respondent     No.5         by   KIADB       of   plot

             No.2/69-1     by      renumbering       it   as   plot

             No.2/69-A measuring 1.5 acres cannot be

             found fault with.


13.   Answer to point No.3: What Order?


      13.1. In view of my answers to point No.1 and 2, I

             pass the following;


                                     ORDER

i. The writ petition is dismissed.

ii. It is open for the Petitioner to accept the

allotment in plot No.2/66 measuring 2 acres at

the same cost of allotment as that made in

favour of the Petitioner, if the Petitioner so

wishes.

iii. If the Petitioner does not wish to take the said

allotment within 60 days from the receipt of a

copy of this order, the respondents would be

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free to deal with plot No.2/66 in accordance

with law.

SD/-

(SURAJ GOVINDARAJ) JUDGE

SR List No.: 2 Sl No.: 22

 
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