RISHI ENTERPRISES Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court under Article 226 of the Constitution of India challenging the order (Annexure-N) dtd. 20/3/2017 bearing No.KIADB/HO/ALLOT/336/19154/16-17 passed by the 4th respondent-the Karnataka Industrial Areas Development Board (for short 'the Board') resuming the industrial plot bearing No.64-D situated at Tubinakere Industrial Area, Mandya District.

(2.) Heard Sri M.U. Poonacha, learned counsel for the petitioner, Smt. Rashmi Patel, learned High Court Government Pleader for the 1st respondent - State, as well as Sri B.B. Patil, learned counsel for caveators/respondents 2 to 4. Perused the writ petition papers.

(3.) Learned counsel for the petitioner would submit that petitioner was allotted Industrial Plot bearing No.64-D measuring 2023 Sq. Mtrs by allotment letter dtd. 1/12/2005. Possession certificate was issued on 18/1/2007 and thereafter lease-cum-sale agreement was executed on 23/1/2018. Petitioner was required to commence construction work in terms of Clause 10 of the lease-cum-agreement within 24 months from the date of taking possession of the Industrial Plot. It is stated that even though petitioner constructed the industrial building, notice dtd. 30/10/2013 under Sec. 34-B(1) of Karnataka Industrial Areas Development Act, 1966 (for short 'the Act') came to be issued calling upon the petitioner to comply the defect or deficiency. It is stated that the petitioner submitted his reply on 27/11/2013 stating that he already constructed industrial building. The respondents without considering the reply submitted by the petitioner proceeded to pass impugned order Annexure- N dtd. 20/3/2017 resuming the industrial plot allotted to the petitioner.