PRESTIGE ESTATES PROJECTS LTD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) SMT .Prathima Honnapura, the learned Government Pleader is directed to take notice for the respondents.

(2.) THE petitioners have called into question the Government Order, dated 22.5.2015 (Annexure -AK) cancelling the land -grant earlier made in favour of M/s.Joy Ice Creams (Bangalore) Private Limited, as it has sold the land to the first petitioner in violation of the grant conditions. They have also challenged the consequential order, dated 23.5.2015 (Annexure -AJ) passed by the Deputy Commissioner in exercise of the power under Section 39 of the Karnataka Land Revenue Act, 1964 directing that the possession of the said land be taken over.

(3.) SRI Udaya Holla, the learned Senior Counsel appearing for Sri Rajendra for the petitioners submits that the impugned orders are liable to be quashed on the short ground of the non -compliance with the principles of natural justice. The impugned orders are passed without putting the petitioners on notice. He submits that the imposition of non -alienation clause is withdrawn by the authorities. He further submits that as the land was transferred to the Karnataka Industrial Areas Development Board, the non -alienation clause cannot be imposed. He submits that the land in question was first made over by the Government to KIADB, which in turn sold it to M/s.Joy Ice Creams (Bangalore) Private Limited. He also points out the provisions contained in Rule 28(2) of the Karnataka Land Grant Rules, 1969 and the proviso thereto. They are as follows: -