Karnataka High Court
Ms. Sudha Katwa vs The State Of Karnataka on 15 February, 2024
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
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WP No. 13982 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR P.S.DINESH KUMAR, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
WRIT PETITION NO. 13982 OF 2022 (LA-KIADB)
Digitally signed BETWEEN:
by ANUSHA V
MS. SUDHA KATWA
Location: HIGH AGED 53 YEARS
COURT OF ADVOCATE
KARNATAKA NO.703, A-BLOCK
JALAVAYU APARTMENTS
JALAHALLI
BANGALORE-560 013
PAN NO.BNLPS 2351F
AADHAR CARD NO.6052 4613 2274
EMAIL ID:[email protected]
MOB No.8861888893 ...PETITIONER
(BY SHRI. AKHIL BABU, ADVOCATE FOR
SHRI. S. UMAPATHI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY CHIEF SECRETARY
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
BANGALORE-560 001
2. THE STATE OF KARNATAKA
REPRESENTED BY ADDL. CHIEF SECRETARY
DEPARTMETN OF COMMERCE AND INDUSTRIES
VIKASA SOUDHA
BANGALORE-560 001
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WP No. 13982 of 2022
3. KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD (KIADB)
REP. BY ITS THE CHIEF EXECUTIVE
OFFICER AND EXECUTIVE MEMBER
KANIJA BHAVAN
RACE COURT ROAD
BANGALORE-560 001
4. CENTER FOR EDUCATIONAL AND
SOCIAL STUDIES (CESS)
REP. BY THE SECRETARY
PRAJNANAM, #6/6
BESIDE TELEPHONE EXCHANGE
10TH BLOCK, 2ND STAGE
NAGARABHAVI
BENGALURU-560 072 ...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R1 & R2;
SHRI.H.L. PRADEEP KUMAR, ADVOCATE FOR R3;
SHRI. S.S. NAGANAND, SENIOR ADVOCATE FOR
SHRI. S. RAJASHEKAR, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE
WRIT IN THE NATURE OF CERTIORARI QUASHING THE GOVERNMENT
ORDER BEARING NO.CI 61 SPQ(E)2021, BANGALORE DATED
28/04/2021 VIDE ANNEXURE-C AND ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER
This writ petition by one Ms.Sudha Katwa, Advocate is presented with following prayers:
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(i) Issue an appropriate writ in the nature of Certiorari quashing the Government Order bearing No.CI 61 SPQ(E)2021, Bangalore, dated 28.04.2021 vide Annexure-C;
(ii) Issue an appropriate writ in the nature of Certiorari quashing the allotment order bearing No.KAIDB/HO/ Allot/23299/2812/2021-22 dated 24.06.2021 vide Annexure-D; and
(iii) Pass any other order or issue a Writ or direction which this Hon'ble Court deems fit in the circumstances of the case.
2. Heard Shri Akhil Babu, learned advocate for the petitioner, Smt.Niloufer Akbar, learned AGA for respondents No.1 & 2, Shri H.L.Pradeep Kumar, learned advocate for respondent No.3 and Shri S.S.Naganand, learned Senior Advocate for respondent No.4.
3. Brief facts of the case are, Government vide order dated 28.04.2021 (Annexure-C) has accorded approval to allot 116.16 acres of land in Haraluru Village, Devanahalli Taluk, at a total cost of Rs.50 Crores. Pursuant thereto, the KIADB1 has allotted the land on lease for 99 years on a total cost of Rs.50 Crores as per order dated 24.06.2021 (Annexure-D). Petitioner has sought aforesaid prayers on following grounds: 1
Karnataka Industrial Areas Development Board -4- NC: 2024:KHC:6585-DB WP No. 13982 of 2022 • Firstly that land was acquired for industrial purpose. The Government has changed their stand and allotted the land to a private University. • Secondly, as per KIADB, the cost of development of land per acre in the above industrial area is Rs.1.61 Crores. Accordingly, total cost for developing 116.16 acres would work out to Rs.187 Crores whereas KIADB has allotted the land for Rs.50 Crores. Hence, there is a huge loss of about 296 crores to the State Exchequer.
4. Shri. Babu, learned advocate for the petitioner reiterated the above grounds and prayed to allow this writ petition.
5. Shri Naganand, learned Senior Advocate for respondent No.4-allottee submitted that it is an University and has been created under a statute, the Chanakya University Act, 2021 (Annexure-R6) which has received the assent of His Excellency the Governor on 11.10.2021. Therefore, the State Government is duty bound to provide all infrastructure to the University. The KIADB is an instrumentality of the State Government which is created for acquisition of land for the -5- NC: 2024:KHC:6585-DB WP No. 13982 of 2022 purpose of development of industries and miscellaneous activities. He submitted that the land has been allotted on a lease basis. That being the situation, the contention urged on behalf of the petitioner that there is loss to the State Exchequer is misconceived. In support of his submission, Shri Naganand placed reliance on the decision in Ashok Kumar Pandey Vs. State of W.B2, wherein it is stated thus:
"11. It is depressing to note that on account of such trumpery proceedings initiated before the courts, innumerable days are wasted, which time otherwise could have been spent for the disposal of cases of genuine litigants. Though we spare no efforts in fostering and developing the laudable concept of PIL and extending our long arm of sympathy to the poor, the ignorant, the oppressed and the needy whose fundamental rights are infringed and violated and whose grievance go unnoticed, unrepresented and unheard; yet we cannot avoid but express our opinion that while genuine litigants with legitimate grievances relating to civil matters involving properties worth hundreds of millions of rupees and criminal cases in which persons sentenced to death and facing the gallows under untold agony, persons sentenced to life imprisonment and kept in incarceration for long years, persons suffering from undue delay in service matters - government or private, persons awaiting the disposal of cases wherein huge amounts of public revenue or unauthorized collection of tax amounts are locked up, detenus expecting their release from the detention orders etc. are all standing in along serpentine queue for years with the fond hope of getting into the courts and having their grievances redressed, the busybodies, meddlesome interlopers, wayfarers or officious interveners having absolutely no public interest except for personal gain or private profit either of themselves or as a proxy of others or for any other extraneous motivation or for the glare of publicity break the queue muffling their faces by wearing the mask of public interest litigation and get into the courts by filing vexatious and frivolous petitions and thus criminally waste the valuable time of the courts and as a 2 (2004) 3 SCC 349 -6- NC: 2024:KHC:6585-DB WP No. 13982 of 2022 result of which the queue standing outside the doors of the court never moves, which piquant situation creates frustration in the minds of genuine litigants and resultantly, they lose faith in the administration of our judicial system."
(Emphasis Supplied)
6. Learned AGA argued on similar lines.
7. Learned Standing Counsel for the KIADB also argued on similar lines and added that KIADB is also entitled to acquire the land for various purposes other than industries.
8. We have carefully considered rival submissions and perused the records.
9. It is not in dispute the respondent No.4- University has been created under the Chanakya University Act, 2021. It has received the assent from His Excellency the Governor on 11.10.2021. The Government Order dated 28.04.2021 (Annexure-C) has been passed by the State Government and it reads as follows:
"GOVERNMENT ORDER NO.C1 61 SPQ (E) 2021, BENGALURU DATED 28.04.2021 In the circumstances explained in the preamble, Government is pleased to accord approval to allot 116.16 acres of land adjacent to the Hi-Tech, Aerospace & Defence Park, Phase-2, Haraluru layout, Devanahalli Taluk with an exclusive approach from NH-207 (without any infrastructure) at a total cost of Rs.50 crore, to Centre for Educational and -7- NC: 2024:KHC:6585-DB WP No. 13982 of 2022 Social Studies for establishment of University subject to condition that it should obtain all necessary permissions/ clearances from the concerned authorities.
This order is issued with the approval of the Cabinet held on 26.04.2021 vide Subject No.C-165/2021."
10. A careful perusal of the Government Order shows that it has been issued with the approval of the Cabinet. Annexure-D is the Allotment Letter. Clause-I of the conditions in the allotment letter states that allotment is on lease basis. There are several other conditions including payment of annual rent by the University to the KIADB etc. We may record that University having been created under the State Legislature, it is the duty of the State Government to provide infrastructure. In the instant case, land has been allotted based on the Cabinet decision and it remains with the Statutory University as a lessee. The lessor, KIADB is also an instrumentality of the State Government. Therefore, we find no merit in this Writ Petition.
11. Petitioner is a practicing advocate and made incorrect statement in the pleading that land has been allotted to a private University and the same cannot be countenanced. In view of the ratio in Ashok Kumar Pandey, this writ petition is -8- NC: 2024:KHC:6585-DB WP No. 13982 of 2022 liable to be dismissed with appropriate cost. Hence, the following:
ORDER Writ petition is dismissed with cost of Rs.25,000/- (Rupees Twenty Five Thousand) payable to the Advocates' Clerks Association.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE YN List No.: 1 Sl No.: 81