D. SHOBHA Vs. MANAGING DIRECTOR, KSSIDC LTD.

JUDGEMENT

(1.) This writ petition is directed against the order dated 19.11.2014 passed by the Principal District Judge, Hassan in M.A. 57/2013 confirming the order dated 17.06.2013 passed by respondent No. 3-Karnataka State Small Scale Industries Development Corporation Ltd., directing the petitioner to vacate the premises which is in unauthorised occupation of the petitioner.

(2.) The case of the petitioner is that the Industrial Shed bearing No. SM-37 measuring 388.59 sq.mtrs., was allotted to the petitioner by lease cum sale agreement dated 30.11.2009. The petitioner has constructed a godown in the area, which is allotted to the petitioner on 06.11.2009. Petitioner was running small scale steel industry manufacturing steel furniture and trailers of the tractors. Further the case of the petitioner is that as per the lease cum sale agreement, the measurement was shown as 388.59 sq. meters., but there was a shortage of area to an extent measuring 172.01 sq.mtrs. The petitioner requires the area for expansion of stall and keep the manufactured materials to protect from natural decay air, sun and the same area has been very much needed for the said purpose, which is abundantly available in front of petitioner estate in SM-37 and behind the estate of C-1, C-2 and D-3 shown in the industrial area plan. The petitioner made oral and so many written representations for due allotment of the extra area which is shortage while allotting the said area. Since his representation for allotment of extra area is pending, petitioner was utilizing the area for dumping his material. The respondent-Authority, by Annexure-H dated 15.06.2013, has rejected the request of petitioner for allotment of excess land measuring 172.01 sq.mtrs., and also directed the petitioner to vacate the land in which they have unauthorisedly occupied.

(3.) Being aggrieved by the same, the petitioner has filed an appeal before the appellate-Authority, Principal District Judge at Hassan under Section 10 of Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974. Appellate Authority has confirmed the order passed by the respondent No. 3 at Annexure-H. Being aggrieved by the same, she has filed this writ petition.