VEERABHADRESHWAR GARMENTS REGISTERED PARTNERSHIP FIRM,HUBBALLI Vs. PRINCIPAL SECRETARY TO GOVERNMENT OF KARNATNAKABOARD

JUDGEMENT

(1.) Though this writ appeal is listed for preliminary hearing, with the consent of learned counsel on both sides, it is heard finally.

(2.) Appellant was the writ petitioner in W.P. No.80988 of 2013 [GM-KIADB]. Being aggrieved by the dismissal of the writ petition by order dated 27.02.2018, the petitioner has preferred this appeal.

(3.) Briefly stated, the facts are that petitioner herein, which is a partnership firm, was allotted an extent of 4042 sq.mtrs. of land in a portion of plot No.179 of Belur Industrial Area vide letter dated 08/09.05.2006 as per Annexure 'B' . There were certain terms and conditions imposed with regard to the said allotment. The price for the allotment was Rs.12,00,000/- per acre and a total sum of Rs.18,59,047/- was paid towards the cost of the land. Possession certificate in respect of said allotment was issued on 14.10.2009 and lease-cum-sale deed was registered in the office of the Sub-Registrar in Dharwad in favour of the petitioner by respondent No.4 / Karnataka Industrial Areas Development Board (hereinafter referred to as 'KIADB' for short) on 26.08.2009. Petitioner had to put up construction on the said land and develop the said industrial plot in terms of the stipulation contained in the lease-cum-sale agreement. However, petitioner failed to comply with the terms and conditions of the allotment as well as the lease-cum-sale agreement. In the circumstances, order dated 28/29.06.2013 was passed terminating the lease-cum-sale dated 18.01.2010 and determining the lease granted in favor of the petitioner. Further, it was stated that possession of the leased land shall be resumed on 27.07.2013 at 11.30 a.m.