IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 5TH DAY OF OCTOBER, 2009 BEFORE THE HON'BLE MR. JUSTICE I-LN. NAGAMOHAN DAS WRIT PETITION N0. A8861/QQO9 (LB---BMi') BETWEEN 2 Sri. KETAN SANGI-IV}. S/O VRAJALAL SANGVI (STATIONERY BUSINESS) SHOP NO.3, KIADB SI-IOPING COMPLEX 100 FT. ROAD, OPP. KEONICS BHAVAN PEENYA INDUSTRIAL AREA BANGALORE 57. PETITIONER (By Sri. R P SOIVIASHEKARAIAI-I, ADV.) I THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF INDUSTREIS VIDHANA SOUDHA, BANGALORE. r7L"~*'"""" '*-...«"' 2 THE KARNATAKA INDUSTRIAL AREAS DEVELPMENT BOARD (KIADI3) NO.14/3, 2ND FLOOR RP BUILDING NRUPATHUNGA RAOD BANGALORE. REP. BY ITS CHAIRMAN. 3 THE COMMISSIONER BRUHATH BAN GLAORE MAHANAGARA PALIKE BANGALORE. RESPONDENTS (By Sri. R DEVDAS, AGA, FOR R-1 Sri. PRAVEEN KUMAR RAIKOTE, ADV, FOR R2 Sri. R SUBRAMANYA, ADV., FOR Sri. ASHOK I-IARANAHALLI ASSOCIATES, ADV/S., FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO DIRECT THE RESPONDENT NO.3 NOT TO DEMOLISI-I THE SHOP OF THE PETITIONER SITUATED AT KIADB COMPLEX, 100 FT, ROAD, OPP KEONICS BHAVAN, PEENYA INDUSTRIAL AREA, BANGALORE67, BELONGING TO THE R2 WITHOUT DUE PROCESS OF LAW AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING B GROUP THIS DAY, THE COURT PASSED THE FOLLOWING; ORDER
in this writ petition the petitioner has prayed for a writ of
mandamus directing the third respondent not to demolish the shops
in his occupation allotted by the KIADB under lease agreement.
2. The apprehension of the petitioner is that the officials of
third respondent have made certain markings on the shops in his
occupation for the purpose of demolishing the same. T his attempt on
the part of the officials of third respondent is without issuing a notice
to the petitioner, without following the procedure and without
passing appropriate orders. On the basis of an apprehension that the
third respondent may demolish the shops in his occupation, the
petitioner is before this Court.
3. Learned counsel for the third respondent submits that the
third respondent will take appropriate action in accordance with law
after following the procedure, passing appropriate orders and after
providing an opportunity to the petitioner who is the occupant of the
shop in question and also to the second respondent ~« KIADB. The
submission of the teamed counsel for the third respondent is placed
on record. Accordingly, the writ petition is hereby disposed off.
Sd/-
JUDGE
LRS/06102009