Disposed¶34

Divyajyothi Vidya Kendra v. the State of Karnataka

Karnataka HC1 Jun 2026WP/5245/2023

Case brief

AI extract

What is this about?

Divyajyothi Vidya Kendra Vishwa Kendra v. State of Karnataka & Ors., W.P. No. 5245 of 2023 (GM-KIADB), High Court of Karnataka, decided 01.06.2026 by Justice M.G.S. Kamal. Petition disposed of on maintainability ground: alternate statutory appeal available under Section 18 of Karnataka Industries (Facilitation) Act, 2002 against SLSWCC decision dated 03.09.2022; limitation exemption granted for time consumed in writ proceedings.

What did the court decide?

Liberty reserved to petitioner to avail statutory appeal remedy under Section 18 of the Karnataka Industries (Facilitation) Act, 2002; time consumed in prosecuting the present petition exempted for the purpose of limitation. ¶34

Divyajyothi Vidya Kendra Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:25345 WP No. 5245 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 5245 OF 2023 (GM-KIADB)

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BETWEEN:

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DIVYAJYOTHI VIDYA KENDRA VISHWA KENDRA CHIKKANNA LAYOUT, NELAMANGALA TOWN BENGLAURU RURAL DISTRICT - 562 123 REPRESENTED BY ITS PRESIDENT MUNINARASIMHA

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…PETITIONER

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(BY SRI. C. JAGADISH, 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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THE STATE OF KARNATAKA BY ITS ADDL. CHIEF SECRETARY, COMMERCE AND INDUSTRIES DEPARTMENT VIKASA SOUDHA, BENGALURU - 560 001.

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THE STATE LEVEL SINGLE WINDOW CLEARANCE COMMITTEE (SLSWCC) REPRESENTED BY TS CHAIRMAN THE HONBLE MINISTER FOR LARGE AND MEDIUM INDUSTRIES, GOVERNMENT OF KARNATAKA KARNATAKA UDYOG MITRA KHANIJA BHAVAN (EAST WING) NO.49, RACE COURSE ROAD, BENGALURU - 560 001.

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NC: 2026:KHC:25345 WP No. 5245 of 2023

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HC-KAR

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THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD KHANIJA BHAVAN (EAST WING) NO.49, RACE COURSE ROAD, BENGALURU - 560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

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THE MANAGING DIRECTOR KARNATAKA UDYOG MITRA 3rd FLOOR, KHANIJA BHAVAN, (EAST WING) NO. 49 RACE COURSE ROAD, BENGALURU - 560 001

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…RESPONDENTS

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(BY SRI. MAHANTESH SHETTAR, AGA FOR R1; MS. PRATISHTA C.B, ADVOCATE FOR SRI. SUKRUTA R, ADVOCATE FOR R2 AND R4; SRI. B.B. PATIL, ADVOCATE FOR R3)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE DECISION TAKEN IN THE 134TH STATE LEVEL SINGLE WINDOW CLEARANCE COMMITTEE (SLSWCC) MEETING HELD ON 03.09.2022 BY THE R-2 AS PER ANNX-P AND ETC.,

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

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ORAL ORDER

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This petition is filed seeking quashment of the

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decision taken in the 134th State Level Window Clearance

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NC: 2026:KHC:25345 WP No. 5245 of 2023

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HC-KAR

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Committee Meeting held on 03.09.2022 by respondent No.2 as per Annexure-P and for further directions.

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Learned counsel appearing for the respondents brings to notice of the Court Section 18 of the Karnataka Industries (Facilitation) Act, 2002, (hereinafter referred to as 'Act' for short) which provides for an alternate efficacious remedy in the nature of statutory appeal, and submits that the petition is not maintainable.

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In response, learned counsel for the petitioner seeks liberty to avail the remedy as provided in the Act. However, he adds that the time consumed in pursuing the present petition will be exempted for the purpose of limitation as prescribed under the Limitation Act, 1963. The said submission is placed on record.

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Accordingly, the petition stands disposed of reserving liberty to the petitioner to avail remedy under the provisions noted above and the time consumed in

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NC: 2026:KHC:25345 WP No. 5245 of 2023

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HC-KAR

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prosecuting the present petition shall be exempted for the

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purpose of limitation.

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

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