LAWS(KAR)-2023-3-470

K.G.KRISHNA Vs. STATE OF KARNATAKA

Decided On March 30, 2023
K.G.Krishna Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The subject matter of this writ petition is substantially similar to the one in W.P.No.14088/2021(LA- KIADB) between B.S.SATISH BABU vs. THE STATE OF KARNATAKA & OTHERS , disposed off by a Coordinate Bench of this Court vide judgment dtd. 9/8/2021, wherein the Preliminary Notification issued under Sec. 28(1) of the Karnataka Industrial Areas Development Act, 1966 has been quashed. The operative portion of the said Judgment reads as under:

(2.) Learned counsel for the Petitioner argues that like cases should be treated alike and if relief is granted to a litigant, it cannot be denied to other similarly circumstanced litigants, subject to all just exceptions. In support of his submission, he banks upon the Division Bench decision of this Court in W.A.Nos.932-933/1974 between A.V.VINODA & ANOTHER vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY, disposed off on 11/12/1974, there being no derogatory factors.

(3.) In view of the above, this petition is allowed; a Writ of Certiorari issues quashing the impugned acquisition insofar as Petition land as described in the schedule is concerned. No costs.