GAVIGANGANATHASWAMY INDUSTRIES Vs. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD

JUDGEMENT

(1.) The unsuccessful petitioner in W.P.No.45971/2014 has preferred this intra court appeal challenging the order dated 25.11.2020 passed in the said writ petition by the learned Single Judge of this Court.

(2.) For the sake of convenience, the parties are referred to as per their rankings in the writ petition.

(3.) Petitioner was allotted plot bearing No.79/B measuring about 4047 sq. mtrs. at Kelagote Industrial Area, Chitradurga, for the purpose of establishing a unit for manufacture of cement hollow blocks. The possession of the plot was handed over to the petitioner on 18.03.2005 and as per the conditions of the allotment letter, the petitioner was required to start production in its unit within a period of 24 months from the date of taking possession of the plot. On the request of the petitioner, time to complete the project was extended by respondent no.2 upto 13.05.2010. Inspite of the same, petitioner did not commence production in its unit. On 03.09.2012, respondent no.2 passed an order terminating the lease agreement and determining the lease in respect of Plot No.79B allotted to the petitioner. Petitioner was also informed that possession of the said plot will be resumed on 15.09.2012 at 11.00 a.m. Subsequently, a letter dated 20.06.2012 was issued by respondent no.2 informing the petitioner that the plot allotted to the petitioner was resumed as the petitioner had failed to implement the project and the petitioner was requested to return all the originals of the allotment letter, possession certificate, lease agreement, etc., for effecting necessary forfeiture as per the rules and norms of the Board. Subsequently, the plot bearing No.79/B was allotted to respondent no.3 vide allotment letter dated 12.07.2013. Being aggrieved by the same, the petitioner filed W.P.No.45971/2014 which was dismissed by the learned Single Judge by the order impugned in this writ appeal.