NEC REALESTATE PVT LTD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed by the petitioner in W. P. No. 15348/2008 being aggrieved by the order dated 13-2-2009 wherein the learned Single Judge has declined to quash the order dated 26-11-2008 passed by the 2nd respondent and treated the impugned order as a show-cause notice and directed the petitioner to file a reply to the said show-cause notice and issued a direction to the respondents to consider the cause shown by the petitioner and allowed the writ petition in part keeping open all the contentions to be decided by the appropriate authorities.

(2.) THE appellant herein filed W. P. No. 15348/2008 seeking for quashing of the order passed by the second respondent dated 26-11-2008, wherein the approval accorded by proceedings dated 18-11-2008 after following the due procedure by the State High Level clearance Committee for the project of petitioner to set up a Tourist Complex, Commercial Space, Financial Hub, Randd facilities with Residential Condominium, Service apartment and Medical City in Chalamakunte village, Chikkajala Hobli, Bangalore North taluk, has been withdrawn from the date of issue on 26-11-2008.

(3.) ACCORDING to the appellant-writ petitioner, the approval granted to it by proceedings dated 18-11-2008 conferred a right on the appellant writ, petitioner and the same cannot be withdrawn without affording an opportunity and therefore the impugned proceedings dated 26-11-2008 withdrawing the approval granted on 18-11-2008, is arbitrary, unreasonable and violative of principles of natural justice and therefore the same is liable to be set aside.