The High Court dismissed a writ petition challenging an order demanding enhanced rent. Relying on a prior order, the court held the rent enhancement was valid as provided in the allotment letter and found no merit in the challenge.
Petitioner to pay no enhanced rent; Respondent permitted to initiate recovery proceedings for arrears separately.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8th DAY OF JULY, 2022
BEFORE
THE HON’BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION No.28169 OF 2013(GM-KSSIDC)
BETWEEN:
SRI RANGASWAMAIAH S/O SRI LAKKANNA AGED ABOUT 42 YEARS PROP: M/S R P INDUSTRIES SHED NO.C-14, INDUSTRIAL ESTATE, KUNIGAL TALUK TUMKUR DISTRICT 572 130.
...PETITIONER
(BY SRI SHANKARANARAYAN, ADVOCATE(ABSENT))
AND :
1 . THE KARNATAKA STATE SMALL INDUSTRIES DEVELOPMENT CORPORATION, INDUSTRIAL ESTATE RAJAJINAGAR BANGALORE-560010 REPRESENTED BY ITS MANAGING DIRECTOR
…RESPONDENTS
(BY SRI G NARASI REDDY, ADVOCATE FOR R1 & R2)
2
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DT.10.12.2012, PASSED BY THE RESPONDENT NO.1, VIDE ANN-Q AND ETC.
THIS W.P. COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Vide the present petition, the Petitioner has challenged the order dated 10.12.2012 passed by the respondent No.1 whereunder, higher rate of rent was demanded.
3
order dated 24.06.2022. Today also there is no representation on behalf of the Petitioner.
4
30.07.2014, this Court rejected the writ petition. The said order is applicable to the facts of the present case also.
No costs.
Sd/JUDGE
nd
2 issues framed by the court
Whether the petition challenging the order demanding enhanced rent for an industrial shed allotment is maintainable.
Whether the order dated 10.12.2012 requiring payment of enhanced rent has merit based on the allotment terms.
SRI RANGASWAMAIAH
THE KARNATAKA STATE SMALL INDUSTRIES DEVELOPMENT CORPORATION
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
