Allowed

M/S Nischal Enterprises v. the State of Karnataka

Karnataka HC20 Dec 2021WP/31417/2016

Case brief

AI extract

What is this about?

Court granted relief to the petitioner, holding that the subject matter was covered by a coordinate bench decision granting identical relief to a similar litigant. Q.P. disposed granting same relief after Senior Counsel conceded the petitioner's contention based on the coordinate judgment.

What did the court decide?

Relief granted to the petitioner as has been granted to the litigant in the cognate petition subject to all just exceptions.

M/S Nischal Enterprises Vs the State of Karnataka — Land Acquisition | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF DECEMBER, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT

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WRIT PETITION NO.31417 OF 2016(GM-KIADB)

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BETWEEN:

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M/S.NISCHAL ENTERPRISES No.800, MIG, MOTHER DAIRY ROAD, YELAHANKA BENGALURU - 560 065. REP. BY ITS PARTNER SRI G V SRINIVASA VARMA S/O SRI V NAGAIAH AGED ABOUT 36 YEARS. …PETITIONER (BY SRI GNANESH N I, ADVOCATE FOR SMT. VIJETHA R NAIK, ADVOCATE)

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AND:

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1 . THE STATE OF KARNATAKA REP. BY ITS ADDL. CHIEF SECRETARY DEPT. OF INDUSTRIES & COMMERCE, VIKASA SOUDHA, BENGALURU-560 001.

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2 . THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD 4^TH AND 5^TH FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.

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REP. BY ITS CHIEF EXECUTIVE OFFICER.

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3 . THE SECRETARY THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.49, 4^TH AND 5^TH FLOOR, EAST WING,KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001. …RESPONDENTS

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(BY SRI SHRIDHAR HEGDE, HCGP FOR R1 SRI P V CHANDRASHEKAR, ADVOCATE FOR R2 & R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE LETTER / FINAL NOTICE DATED 23.04.2016 ISSUED BY R-3 AT ANNEX-C; DIRECT RESPONDENTS TO PROVIDE BASIC INFRASTRUCTURES IN THE ALLOTTED PLOT WITHIN SHORT PERIOD AND THEREBY TO ALLOT 2 ACRES OF LAND IN PLOT No.42-P OF BENGALURU, HARDWARE PARK, NEAR DEVANAHALLI, BENGALURU RURAL DISTRICT.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The subject matter of this writ petition, learned counsel for the petitioner submits substantially is covered by the decision of a Co-ordinate Bench of this court in W.P.No.6629/2019(GM-KIADB)between

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M/s.Vedant Enterprises Vs State of Karnataka and

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others disposed off on 19.09.2019.

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Learned Senior panel counsel appearing for

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respondent –KIADB though initially opposed the writ petition, now fairly agrees that the contention of the petitioner is true.

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A Division Bench of this Court in W.A.Nos.932-933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY, disposed of on 11.12.1974, has held that the relief granted in a set of facts in favour of a litigant cannot be denied in the similar set of facts when the litigant is similarly circumstanced, in the absence of derogatory factors.

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In view of the above, the writ petition is disposed off granting same relief to the petitioner

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herein as has been granted to the litigant in the cognate petition subject to all just exception.

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Costs made easy.

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Sd/JUDGE

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SBN