STATE OF KARNATAKA Vs. ANAND INVESTMENT PRIVATE LIMITED

JUDGEMENT

(1.) Aggrieved by the order dated 01.09.2015, passed in Writ Petition Nos.21942 of 2013 and 30973-30976 of 2013 and also the order dated 02.01.2018, passed in Review Petition Nos.361 of 2017 and 364-367 of 2017, by the learned Single Judge, respondent Nos.1 and 3 have filed this appeal.

(2.) The parties will be referred to as per their ranking before the learned Single Judge in the writ petitions.

(3.) During the year 1977, M/s.Delicia India Private Limited amalgamated with M/s.The Swadeshi Chemicals Private Limited, in terms of the order dated 26.09.1977, passed by the High Court of Bombay in Company Application No.261 of 1977 in Company Petition No.518 of 1977. The Company owned various lands. In view of the violation of Sections 79-A and 79-B of the Karnataka Land Reforms Act, 1964, ('the Act' for short) the lands bearing Survey No.97/3, 98/3, 99/2, 100/2 and 101 of Shettigere Village, Jalahobli, Bengaluru North (Additional) Taluk, measuring in all 20.13 acres of land were forfeited by the Assistant Commissioner by an order dated 31.07.1978. The same has not been challenged and has attained finality. Thereafter, the Government passed an order 29.08.1992, granting the very lands in question to the KIADB for reallotment to the erstwhile company M/s.Swadeshi chemicals private limited. The same also indicated that the rate fixed was at Rs2000/- per acre or the minimum rate as computed under Section-78-(2) of the Karnataka Land Reforms Act. Thereafter, by an order dated 06.05.2011, passed by the High Court of Judicature at Bombay in Company Scheme Petition No.1 of 2011, along with connected matters, M/s. Swadeshi Chemicals Private Limited was amalgamated with M/s. Anand Investment Private Limited, namely the writ petitioner.