Karnataka High Court
Navanagar Kssidc Ltd vs Managing Director, on 3 January, 2018
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 03 R D DAY OF JANUARY 2018
BEFORE
THE HON'BLE MRS.JUSTICE K.S.MUDAGAL
WRIT PETITION Nos.109582-597 of 2016 [GM-KSSIDC]
BETWEEN:
1. NAVANAGAR KSSIDC LTD PLOT ALLOTTEES
SANGH (REGD), NAVANAGAR INDUSTRIAL ESTATE,
BAGALKOT, DIST: BAGALKOT-587101
BY ITS SECRETARY, SRI SRINATH
S/O GURUSANGAPPA HORAPYATI,
AGE: 39 YEARS, OCCU: CABLE OPERATOR
R/O: WARD NO.I, HOUSE NO.528,
KILLA HONNYAL GALLI,
BAGALKOT-587101
TQ & DIST: BAGALKOT
2. SRI.SANGAPPA S/O KALLAPPA SORAGANVI
AGE: 42 YEARS, OCCU: MECHANICAL WORK
R/O: PLOT NO.23, JAMAKHANDI ROAD,
MUDHOL, TQ: MUDHOL,
DIST: BAGALKOT
3. SRI.YALLAPPA S/O SHIVAPPA KHYADIGERI,
AGE 48 YEARS,OCC: CONTRACTOR,
R/O: H.NO 35, ROAD NO.22,
VIDYAGIRI, BAGALKOT-587101
TQ & DIST BAGALKOT
4. SRI SRINATH S/O GURUSANGAPPA HORAPYATI,
AGE: 39 YEARS, OCCU: CABLE OPERATOR,
R/O: WARD NO.I, HOUSE NO.528,
KILLA HONNYAL GALLI,
:2: WP Nos.109582-597/2016
BAGALKOT-587101
TQ & DIST BAGALKOT
5. SRI.YALLAPPA S/O APPANNA KATAGERI,
AGE: 32 YEARS, OCCU: BUSINESS
R/O: H NO.551, WARD NO.01, DIV 5,
KILLA RAGHAVENDRA ROAD,
BAGALKOT-587101
TQ & DIST BAGALKOT
6. SMT ARATI W/O AJAY TELI,
AGE: 30 YEARS, OCCU: HOUSE HOLD WORK
R/O: H NO 528, WARD NO 01,
KILLA GALLI, BAGALKOT-587101
TQ & DIST BAGALKOT
7. SRI.NARAYAN S/O VITHAL HAWALDAR,
AGE: 50 YEARS, OCCU: BUSINESS
R/O: WARD NO.05,
SIDDARAMESHWAR NAGAR,
MUDHOL, TQ: MUDHOL &
DIST BAGALKOT
8. NAGARAM S/O CHOGARAM CHOUDHARI,
AGE: 39 YEARS, OCCU: BUSINESS,
R/O: PLOT NO.200,
SECTOR NO 57, NAVANAGAR,
BAGALKOT-587101
TQ & DIST BAGALKOT
9. SRI HANAMANTH S/O SIDDAPPA SUKALI
AGE: 44 YEARS, OCCU: MECHANICAL WORK
R/O: CTS NO 2300A/3, JAMAKHANDI ROAD,
MUDHOL-587313, TQ: MUDHOL,
& DIST BAGALKOT
10. SRI.IMTIYAZ S/O KHADARASAB JEERATI,
AGE: 49 YEARS, OCCU: CONTRACTOR,
R/O: PLOT NO 02, PENDARI GALLI,
NEAR PANK MASJID, BAGALKOT-587101
TQ & DIST: BAGALKOT
:3: WP Nos.109582-597/2016
11. SRI.VISHWESHWARAYYA
S/O GURALINGAYYA PATIL,
AGE: 49 YEARS, OCCU: BUSINESS,
R/O: V.B. GUDI BUILDING,
8TH CROSS, VIDYAGIRI,
BAGALKOT-587101,
TQ & DIST BAGALKOT
12. SRI.MAHANTESH S/O GURALINGAPPA RONAD
AGE: 34 YEARS, OCCU: BUSINESS
R/O: H NO 165/1, VILLAGE MUCHAKHANDI-587111,
TQ & DIST: BAGALKOT
13. SMT SUSHILABAI W/O RATNAPPA RATHOD,
AGE: 50 YEARS, OCCU: HOUSE HOLD WORK
R/O: H NO 245, GADDANAKERI L.T,
BAGALKOT, TQ & DIST: BAGALKOT
14. SMT ANITA W/O ANAND SARODE,
AGE: 38 YEARS, OCCU: HOUSE HOLD WORK,
R/O: PLOT NO 91/B, SECTOR NO 33,
NAVANAGAR, BAGALKOT-587101
TQ & DIST: BAGALKOT
15. SMT.PAVANA W/O PANDURAND KULKARNI,
AGE: 52 YEARS, OCCU: TAILORING
R/O: PLOT NO 73/A, SECTOR NO 10,
NEAR GOVT HOSPITAL, NAVANAGAR,
BAGALKOT-587101
TQ & DIST: BAGALKOT
16. SMT.AJARASULTANA
W/O MAHAMMAD SHAFIULLA GOVE,
AGE: 42 YEARS, OCCU: HOUSEHOLD WORK,
R/O: H NO.130/2L, WARD NO 10, MAHAVEER ROAD,
NEAR BILAL MASJID, BAGALKOT-587101
TQ & DIST: BAGALKOT
... PETITIONERS
(By Sri. J S SHETTY ADV.)
:4: WP Nos.109582-597/2016
AND:
1. MANAGING DIRECTOR,
KARNATAKA STATE SMALL INDUSTRIL
DEVELOPMENT CORPORATION LIMITED.
ADMINISTRATIVE BUILDING,
INDUSTRIAL ESTATE, RAJAJINAGAR,
BENGALURU-560010
2. DEPUTY GENERAL MANAGER,
KARNATAKA STATE SMALL INDUSTRIAL
DEVELOPMENT CORPORATION LIMITED.
INDUSTRIAL ESTATE,
GOKUL ROAD, HUBBALLI
DIST: DHARWAD
3. ASSISTANT GENERAL MANAGER,
KARNATAKA STATE SMALL INDUSTRIAL
DEVELOPMENT CORPORATION LIMITED,
INDUSTRIAL ESTATE, UDDYAM BAGH,
BELAGAVI-590010, DIST: BELAGAVI
4. JOINT DIRECTOR,
DISTRICT INDUSTRIAL CENTER,
D.C COMPOUND, NAVANAGAR
BAGALKOT-587101
DIST: BAGALKOT
5. DEPUTY COMMISSIONER,
BAGALKOT DISTRICT,
DISTRICT ADMINISTRATIVE BUILDING,
NAVANAGAR, BAGALKOT-587101
DIST: BAGALKOT
6. DEVELOPMENT OFFICDER.
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
KIADB, PLOT NO.7/B3
B.K. KANGRALI INDUSTRIAL AREA
P.B. ROAD, BELAGAVI-590010.
... RESPONDENTS
:5: WP Nos.109582-597/2016
(By SMT.SHARMILA M.PATIL, ADV. FOR R1 TO R3;
SRI.RAVI V.HOSAMANI, AGA FOR: R4 & R5;
SRI.P.N.HATTI, ADV. FOR R6)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO:
A. DIRECT THE FIFTH RESPONDENT TO
CONSIDER THE REPRESENTATION DATED
08.02.2016 MADE BY THE PETITIONER NOS.2
TO 16 AS PER ANNEXURE-J AND ALSO
DIRECTING THE FIRST RESPONDENT TO
CONSIDER THE REPRESENTATION DATED
20.04.2016 MADE BY THE FIRST PETITIONER
AS PER ANNEXURE-M.
B. QUASH THE NOTICES DATED:11.04.2016,
21.04.2016, 21.04.2016, 02.04.2016,
26.03.2016, VIDE ANNEXURES-K, K1 TO K14
ISSUED BY THIRD RESPONDENT TO
PETITIONER NOs.02 TO 16 RESPECTIVELY.
C. FURTHER DIRECTION MAY KINDLY BE
ISSUED TO THE THIRD RESPONDENT TO
EXECUTE THE LEASE-CUM-SALE DEED IN
FAVOUR OF THE PETITIONER NOS.02 TO 16
IN RESPECT OF THEIR RESPECTIVE
INDUSTRIAL PLOTS ALLOTTED IN THEIR
FAVOUR AND ALSO TO ALLOW THE
PETITIONER NOs.02 TO 16 TO START THEIR
INDUSTRIAL ACTIVITIES BY PROVIDING THE
NECESSARY BASIC NEEDS LIKE POWER
CONNECTIONS AND LICENSES FROM THE
COMPETENT AUTHORITIES.
D. FURTHER DIRECTION MAY KINDLY BE
ISSUED TO THE THIRD RESPONDENT TO
EXECUTE REGULAR REGISTERED SALE
DEEDS IN FAVOUR OF THE PETITIONER
NOs.02 TO 16 ON 15.03.2019 IN RESPECT
OF THEIR INDUSTRIAL PLOTS ALLOTED IN
:6: WP Nos.109582-597/2016
THEIR FAVOUR i.e., AFTER THE EXPIRY OF
SIX YEARS LEASE PERIOD FROM THE DATE
OF PAYMENT OF 10% EMD AMOUNT AS PER
THE NOTIFICATION DATED:15.03.2013.
These Writ Petitions coming on for Preliminary Hearing
'B' group, this day the Court made the following:-
ORDER
The memo filed by the p etitioners for withd rawal of the petitions is recorded. The Writ Petitions are dismissed as withdrawn.
The Reg istry is directed to return the original documents produced by the petitioners on substitution of Xerox cop ies of the same.
Sd/-
JUDGE RK/-