Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF OCTOBER, 2024 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 8726 OF 2024 (GM-RES-PIL) BETWEEN:
1. SUMANTH N K S/O KUMARA, AGED ABOUT 24 YEARS,
2. ANANDA K E C/O EREGOWDA, AGED ABOUT 37 YEARS,
Digitally KASABA HOBLI signed by HASSAN TALUK, HASSAN, PRABHAKAR KARNATAKA-573201.SWETHA KRISHNAN
3. SUNIL N C Location: High Court S/O CHANDRASHEKAR of Karnataka AGED ABOUT 33 YEARS, HN PURA ROAD,
4. PURUSHOTTHAMA S R C/O RANGASWAMY, AGED ABOUT 33 YEARS, -2- NAGATHAVALLI, HASSAN KARNATAKA-573201.
5. GOPALA KRISHNA NR S/O RANGEGOWDA, AGED ABOUT 39 YEARS, …PETITIONERS (BY SRI B. VINAYAKA, ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF INDUSTRIES AND COMMERCE, VIKASA SOUDHA, BANGALORE-560001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD (A GOVERNMENT OF KARNATAKA UNDERTAKING) REP BY ITS CEO NO. 14/3, 2ND FLOOR, RP BUILDING, NRUPATHUNGA ROAD, BENGALURU-560001.
3. THE MANAGING DIRECTOR (A GOVERNMENT OF KARNATAKA UNDERTAKING) NO. 14/3, 2ND FLOOR, RP BUILDING, NRUPATHUNGA ROAD, BENGALURU-560001.
4. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, ZONAL OFFICE, INDUSTRIAL GROWTH CENTRE -3- HN PURA ROAD, HASSAN-573201.
5. M/S PUSHPAGIRI WARE HOUSE
REP BY ITS PROPRIETOR, SRI JAGADEESH, S/O LATE ANNEGOWDA, AGED ABOUT 37 YEARS, A PROPRIETARY BUSINESS CONCERN CARRYING ON ITS BUSINESS AT KARIGOWDA COLONY, JAYARAMANNA BUILDING, UDASALAMMA DEVASTANA ROAD, HASSAN-573201. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R1, SRI T. SOMASHEKARA, ADVOCATE FOR SRI B B PATIL, ADVOCATE FOR R2; SRI G. R. VEDAVENKAMAMBA,ADVOCATE FOR SRI V B SHIVAKUMAR, ADVOCATE FOR R5;
RESPONDENT NOS.3 AND 4 ARE SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT AUTHORITIES TO FORM/DEVELOP THE PARK IN PLOT No.221 IN SY. No.54 VIDE ANNEXURE-A OF THE HASSAN GROWTH CENTRE INDUSTRIAL AREA. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY JUDGMENT WAS DELIVERED THEREIN AS UNDER: -4- CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Mr. B. Vinayaka for the petitioners who appeared and argued the petition online, learned Additional Government Advocate Smt. Niloufer Akbar for respondent No.1, learned advocate Mr. T. Somashekara for learned advocate Mr. B.B. Patil for respondent No.2 and learned advocate Smt. G.R. Vedavenkamamba for learned advocate Mr. V.B. Shivakumar for respondent No.5.
2. The petitioners who are residents of the Nagathavalli
village have brought this petition as public interest litigation. Their grievance is that the authorities have not been developing Plot No.221 in Sy. No.54 of the Hassan Growth Centre Industrial Area as a park which was so contemplated in the layout plan.
3. It was stated that the respondent-Karnataka Industrial
Areas Development Board published a modified layout plan -5- dated 20.01.2000 for Hassan Growth Centre Industrial Area in the aforesaid land which admeasures 1686.38 Acres and that in the said plan, plot No.221 was recorded as Government gomal land since many years. It is the grievance that despite the designation as a park given to the said plot number, the efforts are made by certain individuals to obtain the said plot for commercial purpose. 3.1 Based on the aforesaid basic premise, what is prayer by the petitioners is to direct respondent authorities to develop the park in the said Plot No.221 in Sy.No.54 of the Hassan Growth Centre Industrial Area. 3.2 It is further case inter alia that private respondent No.5 obtained letter of allotment and brought possession of the plot. It is the say of the petitioners that subsequently the allotment letter was revoked.
4. It appears and not in dispute that Writ Petition No.5657
of 2017 wherein the present respondent No.5-M/s. Pushpagiri Ware House was the petitioner, ended up in its favour as the petition was allowed and the allotment of the plot in favour of
the said petitioner was upheld. Copy of the judgment and order
-6- of this Court of the said petition figures on record. It was also stated that the respondent-Karnataka Industrial Areas Development Board has filed appeal against the said order. Be that as it may.
5. The totality of facts and having regard to the subject
matter grievance, the Court is not inclined to entertain the petition as public interest petition. While this petition is dismissed, the petitioners are not precluded from making any representation to the competent authority to raise their grievance. If such representation is made, the same shall be considered strictly in accordance with law.
6. This Court has not expressed any opinion on merits nor has gone into the merits of the controversy.
7. The writ petition is accordingly dismissed. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE KPS, List No.: 1 Sl No.: 47