Allowed

M/S Vijay Precision Dies Private Limited v. Karnataka Industrial Area Development Board

Karnataka HC20 Aug 2024WP/25267/2022

Case brief

AI extract

What is this about?

KIADB cancelled the petitioner's allotment of a plot at Hassan Growth Center without issuing notice under Section 34-B(2) of the KIAD Act. Respondents conceded the lapse and agreed to issue fresh notices; the High Court set aside the cancellation order and directed fresh proceedings after complying with Sections 34-B(1) and 34-B(2).

What did the court decide?

Order dated 19.11.2022 cancelling allotment set aside; KIADB directed to issue fresh notices under Sections 34-B(1) and 34-B(2) and pass orders in accordance with law.

M/S Vijay Precision Dies Private Limited Vs Karnataka… — Property and Title | Karnataka HC (2024)

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NC: 2024:KHC:33481 WP No. 25267 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 25267 OF 2022 (GM-KIADB)

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BETWEEN:

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M/S VIJAY PRECISION DIES PRIVATE LIMITED NO.90, KRS ROAD, METAGALLI MYSURU - 570 016 REP. BY ITS H.R. MANAGER MR. RAVI KUMAR.

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…PETITIONER

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(BY SRI. R L N MURTHY.,ADVOCATE)

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AND:

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Digitally signed by SUMA B N Location: High Court of Karnataka

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KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD A GOVERNMENT OF KARNATAKA UNDERTAKING HAVING ITS REGISTERED OFFICE AT NO.49 4^TH AND 5^TH FLOOR "EAST WING", KHANIJA BAHVANA RACE COURSE ROAD BENGALURU - 560 001 BY ITS CHIEF EXECUTIVE OFFICER.

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THE JOINT DIRECTOR KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD

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A GOVERNMENT OF KARNATAKA UNDERTAKING NO.49, 4^TH AND 5^TH FLOORS, EAST WING KHANJA BHAVAN, RACE COURSE ROAD BENGALURU - 560 001.

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KARNATAKA INDUSTRIAL AREA DEVEELOPMENT BOARD ZONAL OFFICE

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INDUSTRIAL GROWTH CENTER

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NC: 2024:KHC:33481 WP No. 25267 of 2022

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H N PURA ROAD HASSAN - 573 201 REP BY ITS EXECUTIVE ENGINEER.

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…RESPONDENTS

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(BY SRI. H L PRADEEP KUMAR.,ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 19.11.2022 PASSED BY THE R1 EXECUTIVE COMMITTEE KIADB, BENGALURU IN ORDER NO.KIADB KENDRA KACHERI ALLOTMENT/FILE NO.HGC536/2022.23 PRODUCED AT ANNEXURE-A AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

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ORAL ORDER

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Petitioner is before this Court being aggrieved by the order dated 19.11.2022 produced at Annexure-A by which the Chief Executive Officer of respondent-KIADB in purported exercise of his power under Sections 34-B(3) and 34-B(4) of the Karnataka Industrial Areas Development Act, 1966 has proceeded to cancel the allotment of land in Plot No.1-C/7 of Hassan Growth Center Industrial Area, Hassan District measuring 7998.00 Sq.Mts and to take possession of the same on the premise

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NC: 2024:KHC:33481 WP No. 25267 of 2022

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of the petitioner not having implemented the project within the time stipulated.

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Sri.R.L.N.Murthy, learned counsel appearing for the petitioner taking through the impugned order submits that though the petitioner was issued with the notice under Section 34-B(1), he was not issued with the notice under Section 34-B(2) which is mandatory. He further submits that no opportunity has been granted to the petitioner to present his case. Hence, seeks for allowing

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of the petition with a limited prayer of providing an opportunity to reconsider.

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Learned counsel for the respondent Nos.2 to 4 on the other hand fairly submits that notice that is issued to the petitioner was only under Section 34-B(1) and notice under Section 34-B(2) has not been issued. He submits that given an opportunity notice under Section 34-B(2) will be issued within 30 days from the date of receipt of certified copy of this order and the matter will be heard

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4 - NC: 2024:KHC:33481 WP No. 25267 of 2022

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and disposed of after affording opportunity to the

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petitioner.

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Submission is taken on record.

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Accordingly, following.

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ORDER

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(i). Petition is allowed.

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(ii). Order dated 19.11.2022 passed by respondent No.2 produced at Annexure-A is set aside.

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(iii). The respondent-KIADB to initiate fresh proceedings after issuing notice under Sections 34-B(1) and 34-B(2) of the KIAD Act, 1966 and ensure compliance statutory provisions and thereafter pass appropriate order in accordance with law.

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Sd/(M.G.S. KAMAL) JUDGE

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RU, List No.: 1 Sl No.: 19

M/S Vijay Precision Dies Private Limited v. Karnataka Industrial Area Development Board

Case brief

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What did the court decide?

M/S Vijay Precision Dies Private Limited v. Karnataka Industrial Area Development Board

Case brief

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What did the court decide?

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