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NC: 2023:KHC-K:4624 WP No. 201674 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 27THDAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.201674 OF 2023 (GM-KIADB)
BETWEEN:
AZRA FATIMA
W/O LATE SHER KHAN,
AGE: 45 YEARS,
OCC: HOUSEWIFE,
R/O PLOT NO. 16, HMS COLONY,
BEHIND CHOICE HOTEL, AMARAI
CHIDRI ROAD, BIDAR-585 403 …PETITIONER
(BY SRI. AMRESH S. ROJA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF INDUSTRY AND COMMERCE,
VIKAS SOUDHA,
BANGALORE 560 001
REPRESENTED BY ITS
PRINCIPAL SECRETARY
2. THE CHIEF EXECUTIVE OFFICER
AND EXECUTIVE MEMBER
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
R.P BHAVAN, NRUPATHUNGA ROAD,
BANGALORE-560 001
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3. THE DEVELOPMENT OFFICER
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
KAPANUR 1STSTAGE HUMNABAD ROAD,
KALABURAGI-585102
4. THE DEPUTY DEVELOPMENT OFFICER
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
BIDAR-585401
…RESPONDENTS
(BY SMT.MAYA T.R., HCGP FOR R1;
SRI SHIVAKUMAR R. TENGLI, ADVOCATE FOR R2 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS TO CONSIDER THE REPRESENTATION UNDER
ANNEXURE-H DATED 11.04.2023, IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Learned High Court Government Pleader accepts notice for respondent No.1. Sri Shivakumar R. Tengli, learned counsel accepts notice for respondent Nos.2 to 4.
2. The petitioner is before this Court seeking for the following reliefs:
"a) Issue a writ in a nature of mandamus or any other appropriate writ, direction, directing the respondents to consider the representation under Annexure-H dated 11.04.2023, in the interest of justice.
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b) Such other writ or order as direction as deemed fit as circumstances of the case including an order for costs."
3. The petitioner's husband had applied for and was allotted a plot bearing Nos.174 and 175 measuring 40x60 at Basavakalyan Industrial Area for the purpose of establishing industry for manufacturing of auto repair works. The possession having been handed over to the petitioner's husband. On account of the petitioner's husband having expired in the year 2006, the petitioner sought for transfer of the said allotment in her name which came to be transferred on 29.12.2010 and thereafter, the petitioner is claiming to have put up an auto repair works in the said property.
4. The property being under lease-cum-sale, the petitioner made an application for execution of a sale deed in her favour. When she came to know that certain other person was claiming his right in the property and they had also filed
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W.P.Nos.203141/2022 and 203142/2022 and obtained orders as regards the property allotted to the petitioner's husband, now transferred to the petitioner, without making the petitioner a party.
5. Subsequently, the petitioner gave a detailed representation stating that the petitioner being the allottee of the said plot, a sale deed needs to be executed in her favour which was not done and it is in that background, the petitioner is before this Court seeking for the aforesaid reliefs.
6. A perusal of the document including the orders passed by this Court would indicate that all of them are relating to plot Nos.174 and 175. It is rather shocking that once a property had been allotted to the husband of the petitioner and subsequently a lease-cum-sale deed assigning in favour of the petitioner, a third party is claiming right over the said property and filed the writ petition.
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7. Apparently, there is no resumption of land which has been resorted to by the KIADB by resorting to the power under Section 33 of the Karnataka Industrial Areas Development Act, 1966. If that be so, it would be required for proper enquiry to be conducted in regard to the status of the property and thereafter take necessary action on the representation submitted by the petitioner.
8. In that view of the matter, I pass the following:
ORDER
i. The writ petition is allowed.
ii. The second respondent is directed to conduct an enquiry as regards status of the allotment of property bearing plot Nos.174 and 175 of Basavakalyan Industrial Area and thereafter consider the representation submitted by the petitioner.
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iii. The enquiry to be conducted within a period of 60 days from the date of receipt of certified copy of this order and
representation to be considered within a period of 30 days thereafter.
Sd/-
JUDGE
VNR
List No.: 1 Sl No.: 37
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