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2015 Supreme(Kar) 1271

RAM MOHAN REDDY
Bhoruka Steel Limited – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Revathy Adinath Narde for Adinath Narde, Advocate
For the Respondents:K. Vidyavati, Additional Government Advocate and Basavaraj V. Sabarad, Advocate

ORDER :

Ram Mohan Reddy, J.

1. There is no dispute that under the lease-cum-sale agreement dated 12-9-2005, Annexure-B, executed between petitioner and respondents-Karnataka Industrial Area Development Board (for short, 'the KIADB'), having put the petitioner in possession of the immovable property, whereafter all the terms and conditions therein, are complied with entitling petitioner to an absolute sale deed, conveying the property in question on expiry of six years thereon, the KIADB having not complied with its statutory obligations, has resulted in this petition. Respondents-KIADB being a State for the purpose of Article 12 of the Constitution of India is required to comply with its contractual obligations emanating from statutory duties under the Karnataka Industrial Areas Development Act, 1966 (for short, 'KIAD Act') and cannot refrain from discharging such obligations. Petitioner though issued a notice through learned Counsel to KIADB to comply with its contractual obligations, when not responded, has resulted in this petition for a writ of mandamus directing the second respondent to execute and lodge for registration the sale deed conveying the property in question; to decla








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