MALLIKARJUNAPPA Vs. JOINT DIRECTOR OF INDUSTRIES AND COMMERCE

JUDGEMENT

(1.) In this Petition under Article 226 of the Constitution, the petitioner has sought for quashing the notice bearing No. MSC/SR/424/84-85 dated 24-10-1984 issued by the 3rd respondent, produced as Annexure-A. He has also sought for quashing the order dated 31st May, 1984 bearing No. ANC. KGF. BEML/B 24/A 5/84/3627 (Annexure-H) passed by the first Respondent. Annexure G is a true copy of this order.

(2.) By the aforesaid impugned order dated 31-5-1984 (Annexure-H,) the petitioner has been directed to pay a sum of Rs. 20,142-50 p being the arrears of rent up to 23-1-1984 due in respect of the public premises bearing No. B 24, situated in the Ancilliary Industrial Estate for B.E.M.L. at K.G.F. By the impugned notice (Annexure-A), the 3rd respondent has informed the petitioner that if the sum of Rs. 20,142-50p is not paid within tea days from the date of service of the notice, compulsory proceedings will be taken according to law for the recovery of the whole of the revenue still due by the petitioner.

(3.) The undisputed facts of the case are as follows : By the order dated 6-1-1981 bearing No. ANC. KGF. BEML. B-24/80 (Annexure-D), the petitioner was allotted the shed in question bearing No. B24 in the Ancilliary Industrial Estate for B.E.M.L. at K.G.F. for establishing Gear Shift lever and Fork Assembly subject to certain conditions mentioned in the letter of intent produced as Annexure-B. Pursuant to that, possession of the shed was delivered to the petitioner on 21-7-1981. At the time of delivering possession of the shed certain facilities were not provided. In spite of that the petitioner took possession of the shed and executed possession certificate and also gave in writing on 21-7-1981 as per Annexure-C, which is as follows : "The Karnataka State Small Industries Development Corporation Ltd. (A Government of Karnataka concern). POSSESSION CERTIFICATE 1. Type of Shed and Shed No. B24 2. Name of the allottee Sri M. Mallikarjunappa 3. Allotment reference ANC/KGF/BEML/B-24/80/6-1-80